Ireland Case Commentaries

Post‑Kirwan Strike-Out and Five‑Year Inactivity: High Court consolidates Order 19 (2023) powers to dismiss dormant mortgage litigation and vacate lis pendens

Date: Oct 23, 2025

Post‑Kirwan Strike-Out and Five‑Year Inactivity: High Court consolidates Order 19 (2023) powers to dismiss dormant mortgage litigation and vacate lis pendens Introduction In Cullen v Start Mortgages...

Feeney v Groves [2025] IEHC 633: Clarifying the Threshold for Seanad Recounts under Rule 14(2) of the 1947 Act

Date: Oct 23, 2025

Feeney v Groves [2025] IEHC 633: Clarifying the Threshold for Seanad Recounts under Rule 14(2) of the 1947 Act 1. Introduction This High Court judgment by O’Higgins J in Angela Feeney v Groves & Ors...

High Court clarifies that individuals cannot mount freestanding transposition challenges; a three‑step standing test under s.87(10) EPA Act and the limits of actio popularis in environmental judicial review

Date: Oct 22, 2025

High Court clarifies that individuals cannot mount freestanding transposition challenges; a three‑step standing test under s.87(10) EPA Act and the limits of actio popularis in environmental judicial...

Old Plan Policies Survive during s.31 Draft Direction where they 'Correspond' to the New Plan; Court Sets Six-Factor Test for Declaratory Relief and Reaffirms Harmless-Error Discretion in Renewable Energy Consents

Date: Oct 22, 2025

Old Plan Policies Survive during s.31 Draft Direction where they 'Correspond' to the New Plan; Court Sets Six-Factor Test for Declaratory Relief and Reaffirms Harmless-Error Discretion in Renewable...

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490

Date: Oct 22, 2025

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490 Introduction In O’Dwyer v The Revenue...

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data

Date: Oct 22, 2025

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data Introduction In McNamara [Deceased] v The Revenue...

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts

Date: Oct 22, 2025

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts Introduction This...

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying

Date: Oct 22, 2025

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying Case: Bencik & Anor v Hilltop...

Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8

Date: Oct 22, 2025

Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8 Introduction This High Court decision in...

Name Change Is Not a Transfer: Standing of a Renamed Registered Mortgagee to Seek Possession under s.62(7) RTA 1964 — Commentary on Pepper Finance Corporation (Ireland) DAC v Moynihan & Halpin [2025] IEHC 577

Date: Oct 22, 2025

Name Change Is Not a Transfer: Standing of a Renamed Registered Mortgagee to Seek Possession under s.62(7) of the Registration of Title Act 1964 Introduction This commentary examines the High Court...

Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be Strictly Scrutinised

Date: Oct 22, 2025

Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be...

No Proxy Remittances: Applicant-linked, year-by-year proof of residence required under the Long‑Term Undocumented Migrants Scheme — Commentary on VM v Minister for Justice [2025] IEHC 574

Date: Oct 22, 2025

No Proxy Remittances: Applicant-linked, year-by-year proof of residence required under the Long‑Term Undocumented Migrants Scheme Commentary on VM v The Minister for Justice [2025] IEHC 574 (High...

CityJet DAC: Clarifying the Best Interests of Creditors Test, Valuation Timing, and Examiner’s Onus in Examinership Confirmations

Date: Oct 22, 2025

CityJet DAC: Clarifying the Best Interests of Creditors Test, Valuation Timing, and Examiner’s Onus in Examinership Confirmations Introduction In CityJet Designated Activity Company [2025] IEHC 562,...

Special circumstances as a gateway to late IPAT appeals: High Court affirms cumulative test and strict formality for asylum appeals (GB v IPAT [2025] IEHC 543)

Date: Oct 21, 2025

Special circumstances as a gateway to late IPAT appeals: High Court affirms cumulative test and strict formality for asylum appeals (GB v IPAT [2025] IEHC 543) Introduction In GB v The International...

Brexit Is Not a “Taking Out” Under UCC Article 154: High Court sets RGR clock from pre‑Brexit movement and reinforces strict proof and representation duties

Date: Oct 21, 2025

Brexit Is Not a “Taking Out” Under UCC Article 154: High Court sets RGR clock from pre‑Brexit movement and reinforces strict proof and representation duties Introduction This commentary analyses the...

Intra-Party Nomination Directives Are Non-Justiciable, and the Constitution Cannot Be Unconstitutional: Commentary on Byrne v The Tánaiste & Ors [2025] IEHC 565

Date: Oct 21, 2025

Intra-Party Nomination Directives Are Non-Justiciable, and the Constitution Cannot Be Unconstitutional: Byrne v The Tánaiste & Ors [2025] IEHC 565 Introduction This High Court judgment, delivered by...

A strict s.5(2) clock and a substantive s.49 duty: IPAT findings on risk must be expressly weighed in permission-to-remain decisions (A.B. v International Protection Appeals Tribunal & Minister [2025] IEHC 572)

Date: Oct 18, 2025

A strict s.5(2) clock and a substantive s.49 duty: IPAT findings on risk must be expressly weighed in permission-to-remain decisions Introduction In A.B. v International Protection Appeals Tribunal &...

K.W. v M.L.M.: Irish High Court confirms no merits review and narrow grounds to resist enforcement under the 2007 Hague Child Support Convention

Date: Oct 18, 2025

K.W. v M.L.M.: Irish High Court confirms no merits review and narrow grounds to resist enforcement under the 2007 Hague Child Support Convention Introduction This commentary examines the High Court...

The s.34(11)/s.37 Interface Clarified: No Automatic Stay of an Issued Planning Grant Pending An Bord Pleanála Appeal

Date: Oct 17, 2025

The s.34(11)/s.37 Interface Clarified: No Automatic Stay of an Issued Planning Grant Pending An Bord Pleanála Appeal Case: Payne v Meath County Council, Ireland and The Attorney General; Breedon...

Discovery in Modular Trials: Court Files Must Be Accessed via Practice Direction HC86, Not Inter Partes, and Blanket Bankruptcy File Requests Are Impermissible

Date: Oct 17, 2025

Discovery in Modular Trials: Court Files Must Be Accessed via Practice Direction HC86, Not Inter Partes, and Blanket Bankruptcy File Requests Are Impermissible Case: Dunne & Ors v Lehane & Ors...