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  • Commentaries

Ireland Case Commentaries

Misunderstanding an Argument Is a Matter for Appeal, Not Judicial Review – Commentary on MD v Chief International Protection Officer [2025] IEHC 648

Misunderstanding an Argument Is a Matter for Appeal, Not Judicial Review – Commentary on MD v Chief International Protection Officer [2025] IEHC 648

Date: Nov 29, 2025
Misunderstanding an Argument Is a Matter for Appeal, Not Judicial Review – Commentary on MD v Chief International Protection Officer [2025] IEHC 648 1. Introduction This commentary examines the...

    Refugee Family Reunification, EU Opt‑Outs and “Pure Equality” Review:
    Commentary on N.S. v Minister for Justice & Ors [2025] IESC 48

Refugee Family Reunification, EU Opt‑Outs and “Pure Equality” Review: Commentary on N.S. v Minister for Justice & Ors [2025] IESC 48

Date: Nov 28, 2025
Refugee Family Reunification, EU Opt‑Outs and “Pure Equality” Review: Commentary on N.S. v Minister for Justice & Ors [2025] IESC 48 1. Introduction This Supreme Court decision addresses a recurring...
NS v Minister for Justice: Non-Applicability of EU Family Reunification Law Absent Opt-In

NS v Minister for Justice: Non-Applicability of EU Family Reunification Law Absent Opt-In

Date: Nov 28, 2025
NS v Minister for Justice: Non-Applicability of EU Family Reunification Law Absent Opt-In 1. Introduction This commentary analyses the judgment of the Supreme Court of Ireland in NS v Minister for...
Inviolability of the Dwelling and Child Tenants: Constitutional Duties to Remedy Legislative Omissions in Tenancy Law

Inviolability of the Dwelling and Child Tenants: Constitutional Duties to Remedy Legislative Omissions in Tenancy Law

Date: Nov 28, 2025
Inviolability of the Dwelling and Child Tenants: Constitutional Duties to Remedy Legislative Omissions in Tenancy Law I. Introduction A. The case in outline This commentary examines the judgment of...
Children’s Equality, Tenancy Succession and Close Scrutiny of Age-Based Classifications: Commentary on ZG & EW (A Minor) v Ireland & Attorney General

Children’s Equality, Tenancy Succession and Close Scrutiny of Age-Based Classifications: Commentary on ZG & EW (A Minor) v Ireland & Attorney General

Date: Nov 28, 2025
Children’s Equality, Tenancy Succession and Close Scrutiny of Age-Based Classifications Commentary on ZG and EW (A Minor) v Ireland and the Attorney General, [2025] IESC 49 (Donnelly J) 1....
Age-Based Succession to Tenancies, Article 40.1 Equality and the Form of Constitutional Challenges: Commentary on ZG & EW v Ireland [2025] IESC 49

Age-Based Succession to Tenancies, Article 40.1 Equality and the Form of Constitutional Challenges: Commentary on ZG & EW v Ireland [2025] IESC 49

Date: Nov 28, 2025
Age-Based Succession to Tenancies, Article 40.1 Equality and the Form of Constitutional Challenges: Commentary on ZG & EW v Ireland & Attorney General [2025] IESC 49 Court: Supreme Court of Ireland...
Use Immunity for Compelled Password Disclosure: The Supreme Court’s Framework for Digital Searches in Poptoshev v DPP

Use Immunity for Compelled Password Disclosure: The Supreme Court’s Framework for Digital Searches in Poptoshev v DPP

Date: Nov 28, 2025
Use Immunity for Compelled Password Disclosure: The Supreme Court’s Framework for Digital Searches in Poptoshev v DPP [2025] IESC 47 1. Introduction The Supreme Court’s decision in Yavor Poptoshev v...
Removing the Kelly v Hennessy Threshold for Psychiatric Injury Accompanying Physical Harm: Commentary on Sykula v O’Reilly [2025] IEHC 638

Removing the Kelly v Hennessy Threshold for Psychiatric Injury Accompanying Physical Harm: Commentary on Sykula v O’Reilly [2025] IEHC 638

Date: Nov 28, 2025
Removing the Kelly v Hennessy Threshold for Psychiatric Injury Accompanying Physical Harm: Commentary on Sykula v O’Reilly [2025] IEHC 638 1. Introduction This High Court decision, delivered by...
Applications for Leave to Issue Execution Are Not “Actions Upon a Judgment”: Commentary on Start Mortgages DAC v McDaid [2025] IEHC 634

Applications for Leave to Issue Execution Are Not “Actions Upon a Judgment”: Commentary on Start Mortgages DAC v McDaid [2025] IEHC 634

Date: Nov 28, 2025
Applications for Leave to Issue Execution Are Not “Actions Upon a Judgment”: Commentary on Start Mortgages DAC v McDaid [2025] IEHC 634 I. Introduction This commentary analyses the decision of...
Structural Confidentiality of ECN Communications and Strict Necessity for Inspection: Commentary on Ryanair DAC v CCPC [2025] IEHC 644

Structural Confidentiality of ECN Communications and Strict Necessity for Inspection: Commentary on Ryanair DAC v CCPC [2025] IEHC 644

Date: Nov 28, 2025
Structural Confidentiality of ECN Communications and Strict Necessity for Inspection: Commentary on Ryanair DAC & Ryanair Holdings plc v CCPC (No. 3) [2025] IEHC 644 1. Introduction This judgment of...
Attesting a Codicil and the Witness–Beneficiary Rule: High Court Clarifies the Scope of Section 82 Succession Act 1965

Attesting a Codicil and the Witness–Beneficiary Rule: High Court Clarifies the Scope of Section 82 Succession Act 1965

Date: Nov 28, 2025
Attesting a Codicil and the Witness–Beneficiary Rule: High Court Clarifies the Scope of Section 82 Succession Act 1965 1. Introduction This commentary examines the decision of the High Court of...
Flexible Application of National Density Guidelines, “Accessible Locations” and Reasons in Split-Scheme Appeals – Commentary on AAI Baneshane Ltd v An Coimisiún Pleanála (No. II) [2025] IEHC 642

Flexible Application of National Density Guidelines, “Accessible Locations” and Reasons in Split-Scheme Appeals – Commentary on AAI Baneshane Ltd v An Coimisiún Pleanála (No. II) [2025] IEHC 642

Date: Nov 28, 2025
Flexible Application of National Density Guidelines, “Accessible Locations” and Reasons in Split-Scheme Appeals – Commentary on AAI Baneshane Ltd v An Coimisiún Pleanála (No. II) [2025] IEHC 642 1....
Each Phase Must Stand Alone: Project‑Splitting, “Accessible Locations” and Saving Conditions after AAI Baneshane Ltd v An Coimisiún Pleanála [2025] IEHC 641

Each Phase Must Stand Alone: Project‑Splitting, “Accessible Locations” and Saving Conditions after AAI Baneshane Ltd v An Coimisiún Pleanála [2025] IEHC 641

Date: Nov 28, 2025
Each Phase Must Stand Alone: Project‑Splitting, “Accessible Locations” and Saving Conditions after AAI Baneshane Ltd v An Coimisiún Pleanála [2025] IEHC 641 1. Introduction This commentary examines...
Will and Preferences First: HI and JK v LM [2025] IEHC 674 and the Appointment of Decision-Making Representatives under the 2015 Act

Will and Preferences First: HI and JK v LM [2025] IEHC 674 and the Appointment of Decision-Making Representatives under the 2015 Act

Date: Nov 28, 2025
Will and Preferences First: HI and JK v LM [2025] IEHC 674 and the Appointment of Decision-Making Representatives under the Assisted Decision-Making (Capacity) Act 2015 1. Introduction This...
Corporate Standing and Discrimination by Association under the Equal Status Acts: Commentary on XTX Markets Technologies Ltd v Aviva Investors Liquidity Funds plc [2025] IEHC 651

Corporate Standing and Discrimination by Association under the Equal Status Acts: Commentary on XTX Markets Technologies Ltd v Aviva Investors Liquidity Funds plc [2025] IEHC 651

Date: Nov 27, 2025
Corporate Standing and Discrimination by Association under the Equal Status Acts: Commentary on XTX Markets Technologies Ltd v Aviva Investors Liquidity Funds plc [2025] IEHC 651 1. Introduction The...
Conclusive Title of Registered Chargeholders and the Four‑Question Test for Summary Possession: Commentary on Mars Capital Finance Ireland DAC v Walshe [2025] IEHC 661

Conclusive Title of Registered Chargeholders and the Four‑Question Test for Summary Possession: Commentary on Mars Capital Finance Ireland DAC v Walshe [2025] IEHC 661

Date: Nov 26, 2025
Conclusive Title of Registered Chargeholders and the Four‑Question Test for Summary Possession: Commentary on Mars Capital Finance Ireland DAC v Walshe [2025] IEHC 661 1. Introduction 1.1 Background...
Objective State Records, Self‑Generated Tax Returns and Abuse of Rights under the Free Movement Regime: Commentary on Nisa v Minister for Justice [2025] IEHC 647

Objective State Records, Self‑Generated Tax Returns and Abuse of Rights under the Free Movement Regime: Commentary on Nisa v Minister for Justice [2025] IEHC 647

Date: Nov 22, 2025
Objective State Records, Self‑Generated Tax Returns and Abuse of Rights under the Free Movement Regime: Commentary on Nisa v The Minister for Justice [2025] IEHC 647 1. Introduction This commentary...
Termination on Notice, Psychiatric Injury and Reputation in Commercial Consultancy Contracts: Commentary on Tracey t/a Engineering Design and Management v Burton & Ors [2025] IEHC 689

Termination on Notice, Psychiatric Injury and Reputation in Commercial Consultancy Contracts: Commentary on Tracey t/a Engineering Design and Management v Burton & Ors [2025] IEHC 689

Date: Nov 22, 2025
Termination on Notice and the Limits of Tort Duties in Commercial Consultancy Contracts: Commentary on Tracey t/a Engineering Design and Management v Burton & Ors [2025] IEHC 689 1. Introduction This...
Separate Humanitarian Assessment and the “Something More” Threshold in Section 49 Reviews: Commentary on S.M. v Minister for Justice [2025] IEHC 629

Separate Humanitarian Assessment and the “Something More” Threshold in Section 49 Reviews: Commentary on S.M. v Minister for Justice [2025] IEHC 629

Date: Nov 21, 2025
Separate Humanitarian Assessment and the “Something More” Threshold in Section 49 Reviews: Commentary on S.M. v Minister for Justice [2025] IEHC 629 1. Introduction This judgment of the High Court...
Murphy v Butler [2025] IEHC 636: Drafting Solicitor Evidence, Section 90 Succession Act 1965, and the Boundary with the Armchair Principle

Murphy v Butler [2025] IEHC 636: Drafting Solicitor Evidence, Section 90 Succession Act 1965, and the Boundary with the Armchair Principle

Date: Nov 21, 2025
Murphy v Butler [2025] IEHC 636: Drafting Solicitor Evidence, Section 90 Succession Act 1965, and the Boundary with the Armchair Principle 1. Introduction This High Court decision of Ms Justice Emily...
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