Ireland Case Commentaries

No Injunction After the Hammer Falls and Strict Re‑Pleading of Defective Counterclaims: Clarifying s.52 LCLRA and Order 21 Rule 9 in McCarthy v Byrne [2025] IEHC 519

Date: Oct 3, 2025

No Injunction After the Hammer Falls and Strict Re‑Pleading of Defective Counterclaims: Clarifying s.52 LCLRA and Order 21 Rule 9 in McCarthy v Byrne [2025] IEHC 519 Introduction This High Court...

Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised, post-closure facilities

Date: Sep 30, 2025

Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised,...

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

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

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

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

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

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

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

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

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

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

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

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...

Kelly v An Coimisiún Pleanála [2025] IEHC 505 — Mischaracterising dwelling privacy/security objections as “annoyance” defeats the duty to give adequate reasons in s.51 Roads Act approvals

Date: Sep 24, 2025

Mischaracterising dwelling privacy/security objections as “annoyance” defeats the duty to give adequate reasons in s.51 Roads Act approvals 1. Introduction Kelly v An Coimisiún Pleanála [2025] IEHC...

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

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

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...

Palatine DAC v An Bord Pleanála: Enhanced Duty to Give Reasons When Rejecting Inspector’s Assessment of Daylight and Sunlight Impacts

Date: Sep 20, 2025

Palatine DAC v An Bord Pleanála [2025] IEHC 499: Enhanced Duty to Give Reasons When Rejecting an Inspector’s Assessment of Daylight and Sunlight Impacts 1. Introduction This judgment of Farrell J in...

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...