Ireland Case Commentaries

Public interest costs doctrine consolidated: no-order costs and vacatur across all levels where the State succeeds on a discrete issue of systemic importance — Hegarty v Commissioner of An Garda Síochána [2025] IESC 41 (Costs)

Date: Oct 17, 2025

Public interest costs doctrine consolidated: no-order costs and vacatur across all levels where the State succeeds on a discrete issue of systemic importance — Hegarty v Commissioner of An Garda...

The “Big Issue” Approach to Costs under the LSRA: Substantive Success Outweighs Narrow Relief — Electricity Supply Board v Good & ors [2025] IESC 40

Date: Oct 16, 2025

The “Big Issue” Approach to Costs under the LSRA: Substantive Success Outweighs Narrow Relief — Electricity Supply Board v Good & ors [2025] IESC 40 Introduction This commentary examines the Supreme...

Coordinating Bankruptcy and Plenary Proceedings: Appointment‑Validity Must Be Decided First and in the Correct Procedural Vehicle — No Parallel Litigation Across Lists (Dunne [2025] IEHC 531)

Date: Oct 16, 2025

Coordinating Bankruptcy and Plenary Proceedings: Appointment‑Validity Must Be Decided First and in the Correct Procedural Vehicle — No Parallel Litigation Across Lists (Dunne [2025] IEHC 531)...

Converted Third‑State Sentences under the Transfer Convention Are Treated as “Imposed” in the Issuing State for EAW Purposes; “Heavier Penalty” Objections Confined Post‑Alchester II — Commentary on Minister for Justice v Koltun [2025] IEHC 549

Date: Oct 15, 2025

Converted Third‑State Sentences under the Transfer Convention Are Treated as “Imposed” in the Issuing State for EAW Purposes; “Heavier Penalty” Objections Confined Post‑Alchester II — Commentary on...

Time‑Bar Defence as “Immunity” under Section 18 of the Extradition Act 1965: Attorney General v Drislane [2025] IEHC 550

Date: Oct 15, 2025

Time‑Bar Defence as “Immunity” under Section 18 of the Extradition Act 1965: Attorney General v Drislane [2025] IEHC 550 Introduction This High Court decision clarifies the meaning of “immunity by...

Section 45 compliance satisfied by representation at offender‑requested sentence‑amalgamation hearing; issue estoppel no bar where the new EAW relies on a different in‑absentia ground (D.3.2)

Date: Oct 15, 2025

Section 45 compliance satisfied by representation at offender‑requested sentence‑amalgamation hearing; issue estoppel no bar where the new EAW relies on a different in‑absentia ground (D.3.2)...

SC v BT: Ordinary Residence for Cohabitant Redress Requires Objective, On‑the‑Ground Ties; “Throughout” Does Not Mean Continuous Presence

Date: Oct 14, 2025

SC v BT: Ordinary Residence for Cohabitant Redress Requires Objective, On‑the‑Ground Ties; “Throughout” Does Not Mean Continuous Presence Introduction This High Court decision (SC v BT, [2025] IEHC...

Clancy v An Bord Pleanála [2025] IEHC 528: Limits on EU Environmental Challenges at the CPO Stage After Unchallenged Part 8 Consents

Date: Oct 10, 2025

Clancy & Anor v An Bord Pleanála & Ors [2025] IEHC 528: Limits on EU Environmental and Transposition Challenges at the Compulsory Purchase Order Stage After Unchallenged Part 8 Development Consents...

Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland

Date: Oct 9, 2025

Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland Introduction This commentary examines...

Circumstantial Proof of Lure Type under Angling Bye-Law 635: Production of the Lure Not Required

Date: Oct 8, 2025

Circumstantial Proof of Lure Type under Angling Bye-Law 635: Production of the Lure Not Required Introduction This commentary examines Inland Fisheries Ireland v Connors [2025] IEHC 530, a High Court...

Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure

Date: Oct 8, 2025

Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure Introduction In Nevin...

Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527

Date: Oct 7, 2025

Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527 Court: High Court of Ireland (O’Connor J)...

Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process: GTLK Europe DAC (In Liquidation) v JSC “State Transport Leasing Company” [2025] IEHC 524

Date: Oct 7, 2025

Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process Commentary on GTLK Europe DAC (In Liquidation) v Companies Act...

Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin applied)

Date: Oct 4, 2025

Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin...

When a Full Appeal Is Run, a Reduced Appellate Award Does Not Displace “Entire Success” for Costs: Commentary on AB v MW (No. 2) [2025] IEHC 517

Date: Oct 4, 2025

When a Full Appeal Is Run, a Reduced Appellate Award Does Not Displace “Entire Success” for Costs: Commentary on AB v MW (No. 2) [2025] IEHC 517 Introduction This commentary examines the High Court...

“Special circumstances” as a strict gateway to renewing an unserved summons: S.W. v Health Service Executive [2025] IEHC 526

Date: Oct 4, 2025

“Special circumstances” as a strict gateway to renewing an unserved summons: S.W. v Health Service Executive [2025] IEHC 526 Introduction In S.W. v Health Service Executive [2025] IEHC 526, the High...

Primitive Access Tracks Are Not “Roads” for EIA Purposes: Definitional Alignment with the EIA Directive and Pleading Discipline in Cummins & Ors v An Coimisiún Pleanála [2025] IEHC 521

Date: Oct 4, 2025

Primitive Access Tracks Are Not “Roads” for EIA Purposes: Definitional Alignment with the EIA Directive and Pleading Discipline in Cummins & Ors v An Coimisiún Pleanála [2025] IEHC 521 Introduction...

“Phasing Means Provision”: High Court holds that Local Area Plan phasing must be applied as written; “spirit and intent” and conditions cannot replace section 37(2)(b) where a material contravention arises

Date: Oct 4, 2025

“Phasing Means Provision”: High Court holds that Local Area Plan phasing must be applied as written; “spirit and intent” and conditions cannot replace section 37(2)(b) where a material contravention...

Civil Service Probation: Primacy of the Appropriate Authority and the “Factually Sustainable Satisfaction” Test – Mosepele v Minister for Justice [2025] IEHC 535

Date: Oct 4, 2025

Civil Service Probation: Primacy of the Appropriate Authority and the “Factually Sustainable Satisfaction” Test – Mosepele v Minister for Justice [2025] IEHC 535 Introduction This High Court judgment...

No Extension, No Leave: Formal, Affidavit‑Grounded Extension of Time as a Pre‑condition to Judicial Review; and an Arguable Jurisdictional Defect Where a Summons Omits the District Court Clerk’s Name

Date: Oct 4, 2025

No Extension, No Leave: Formal, Affidavit‑Grounded Extension of Time as a Pre‑condition to Judicial Review; and an Arguable Jurisdictional Defect Where a Summons Omits the District Court Clerk’s Name...