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  • Commentaries

Ireland Case Commentaries

S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness

S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness

Date: Sep 30, 2025
S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness Introduction This...
O’Rourke v Minister for Defence & Ors [2025] IEHC 518: A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the 2014 Act

O’Rourke v Minister for Defence & Ors [2025] IEHC 518: A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the 2014 Act

Date: Sep 30, 2025
A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the Protected Disclosures Act 2014 (as amended) Introduction This High Court judgment...
“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516

“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516

Date: Sep 30, 2025
“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516 Court: High Court of Ireland (Owens J) | Citation: [2025] IEHC 516 | Date:...
No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514

No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514

Date: Sep 30, 2025
No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514 Introduction This High Court of Ireland decision,...
The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512

The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512

Date: Sep 30, 2025
The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512 Introduction In this judicial review, the High Court (Simons J) refused to restrain...
No Duty to “Condition into Compliance”: Scale, Distance, and Direct Linkage as Inherent Planning Considerations for Family-Flat Permissions

No Duty to “Condition into Compliance”: Scale, Distance, and Direct Linkage as Inherent Planning Considerations for Family-Flat Permissions

Date: Sep 27, 2025
No Duty to “Condition into Compliance”: Scale, Distance, and Direct Linkage as Inherent Planning Considerations for Family-Flat Permissions Case: Moran v An Bord Pleanála & Ors [2025] IEHC 510 (High...
“Haul Before You Cross”: Irish High Court imposes a duty of care on trawler operators over known submarine cables and affirms cost‑of‑repair damages without proof of payment — Virgin Media Wholesale Ltd v The Lida Suzanna [2025] IEHC 493

“Haul Before You Cross”: Irish High Court imposes a duty of care on trawler operators over known submarine cables and affirms cost‑of‑repair damages without proof of payment — Virgin Media Wholesale Ltd v The Lida Suzanna [2025] IEHC 493

Date: Sep 25, 2025
“Haul Before You Cross”: A New Irish Admiralty Benchmark on Fishermen’s Duties to Subsea Cables and Cost‑of‑Repair Damages Introduction In Virgin Media Wholesale Ltd v Owners and All Persons Claiming...
Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation

Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation

Date: Sep 25, 2025
Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation Introduction In Sandoz AG & Rowex Ltd v Bayer...
Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material

Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material

Date: Sep 25, 2025
Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material Introduction In M v Minister for Justice, Home...
Litigation Restraint Orders as a Discretionary Factor in Extending Time for Judicial Review: Commentary on Leahy & Ors v Medical Council of Ireland & Ors [2025] IEHC 503

Litigation Restraint Orders as a Discretionary Factor in Extending Time for Judicial Review: Commentary on Leahy & Ors v Medical Council of Ireland & Ors [2025] IEHC 503

Date: Sep 24, 2025
Litigation Restraint Orders as a Discretionary Factor in Extending Time for Judicial Review: Commentary on Leahy & Ors v Medical Council of Ireland & Ors [2025] IEHC 503 Introduction This commentary...
Late IPAT Appeals Do Not Halt Deportation: High Court refuses injunctions despite arguable challenge to Regulation 4(5) and clarifies Regulation 4(2) notice duty

Late IPAT Appeals Do Not Halt Deportation: High Court refuses injunctions despite arguable challenge to Regulation 4(5) and clarifies Regulation 4(2) notice duty

Date: Sep 24, 2025
Late IPAT Appeals Do Not Halt Deportation: High Court refuses injunctions despite arguable challenge to Regulation 4(5) and clarifies Regulation 4(2) notice duty Introduction This commentary analyses...
Farrell & Ors v PIAB & Ors: Costs for Parked Parallel Challenges Following Lead‑Case Success under s.169 LSRA 2015

Farrell & Ors v PIAB & Ors: Costs for Parked Parallel Challenges Following Lead‑Case Success under s.169 LSRA 2015

Date: Sep 24, 2025
Farrell & Ors v PIAB & Ors: Costs for Parked Parallel Challenges Following Lead‑Case Success under s.169 LSRA 2015 Court: High Court of Ireland | Neutral Citation: [2025] IEHC 504 | Date: 17...
Comprehensive Masterplans Must Cover the Entire Institutional Landholding: INST Designation Determined by Ownership and Use, Not Map Pinpointing

Comprehensive Masterplans Must Cover the Entire Institutional Landholding: INST Designation Determined by Ownership and Use, Not Map Pinpointing

Date: Sep 20, 2025
Comprehensive Masterplans Must Cover the Entire Institutional Landholding: INST Designation Determined by Ownership and Use, Not Map Pinpointing Introduction In Churchfields Management Company CLG v...
Disrepair Is Not Abandonment: Use, Reasons, and s.37(2)(b) in Retention Permissions

Disrepair Is Not Abandonment: Use, Reasons, and s.37(2)(b) in Retention Permissions

Date: Sep 20, 2025
Disrepair Is Not Abandonment: Use, Reasons, and s.37(2)(b) in Retention Permissions Case: O Murthuile v An Bord Pleanála & Anor Citation: [2025] IEHC 498 (High Court of Ireland, 19 September 2025)...
Unauthorised Surveillance by a Grazing Licensee Constitutes Actionable Harassment; 40‑Day Notice Held Reasonable to Terminate Agistment — Commentary on McGinn & Ors v Davis [2025] IEHC 509

Unauthorised Surveillance by a Grazing Licensee Constitutes Actionable Harassment; 40‑Day Notice Held Reasonable to Terminate Agistment — Commentary on McGinn & Ors v Davis [2025] IEHC 509

Date: Sep 20, 2025
Unauthorised Surveillance by a Grazing Licensee Constitutes Actionable Harassment; 40‑Day Notice Held Reasonable to Terminate Agistment — McGinn & Ors v Davis [2025] IEHC 509 Introduction The High...
No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence

No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence

Date: Sep 18, 2025
No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence Introduction This commentary examines the...
Non‑Opposition Is Not Concession: Negative Declarations, SLAPP Allegations and the ‘Clear Case’ Strike‑Out Threshold under Order 19 rule 28

Non‑Opposition Is Not Concession: Negative Declarations, SLAPP Allegations and the ‘Clear Case’ Strike‑Out Threshold under Order 19 rule 28

Date: Sep 16, 2025
Non‑Opposition Is Not Concession: Negative Declarations, SLAPP Allegations and the ‘Clear Case’ Strike‑Out Threshold under Order 19 rule 28 Introduction This High Court decision, Celio Properties Ltd...
Exclusivity, Authority, and Electronic “Writing” in Land Deals: IEHC clarifies that internal awareness of rival bids is not a breach; ostensible authority requires reasonable reliance; metadata is not a signature for s.51

Exclusivity, Authority, and Electronic “Writing” in Land Deals: IEHC clarifies that internal awareness of rival bids is not a breach; ostensible authority requires reasonable reliance; metadata is not a signature for s.51

Date: Sep 16, 2025
Exclusivity, Authority, and Electronic “Writing” in Land Deals New clarifications from the High Court of Ireland: (i) mere internal awareness and discussion of a rival bid during an exclusivity...
Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified (Keogh v Special Criminal Court)

Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified (Keogh v Special Criminal Court)

Date: Sep 13, 2025
Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified Case: Keogh v Special Criminal...
Inter Partes Discovery under O.31 r.12 confined to opposing parties: notice parties in private law must use non‑party discovery (O.31 r.29)

Inter Partes Discovery under O.31 r.12 confined to opposing parties: notice parties in private law must use non‑party discovery (O.31 r.29)

Date: Sep 13, 2025
Inter Partes Discovery under O.31 r.12 confined to opposing parties: notice parties in private law must use non‑party discovery (O.31 r.29) Case: O’Sullivan & Anor v Allied Irish Bank plc & Anor;...
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