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  • Commentaries

Ireland Case Commentaries

No Abuse in Parallel Cross-Border Bankruptcy Proceedings: Barrett J. Clarifies the Limits of Res Judicata and the Rule in Henderson v Henderson

No Abuse in Parallel Cross-Border Bankruptcy Proceedings: Barrett J. Clarifies the Limits of Res Judicata and the Rule in Henderson v Henderson

Date: Nov 9, 2024
No Abuse in Parallel Cross-Border Bankruptcy Proceedings: Barrett J. Clarifies the Limits of Res Judicata and the Rule in Henderson v Henderson Introduction The High Court of Ireland, in Lehane...
Clarification of Derogation Licence Procedures in Environmental Planning: O'Donnell & Ors v An Bord Pleanála & Ors [2024] IEHC 630

Clarification of Derogation Licence Procedures in Environmental Planning: O'Donnell & Ors v An Bord Pleanála & Ors [2024] IEHC 630

Date: Nov 9, 2024
Clarification of Derogation Licence Procedures in Environmental Planning: O'Donnell & Ors v An Bord Pleanála & Ors [2024] IEHC 630 1. Introduction The case of O'Donnell & Ors v An Bord Pleanála & Ors...
Comprehensive Commentary on Minister for Justice v Cantea (Approved) [2024] IEHC 722

Comprehensive Commentary on Minister for Justice v Cantea (Approved) [2024] IEHC 722

Date: Nov 9, 2024
Surrender of Respondent Under European Arrest Warrants: Insights from Minister for Justice v Cantea (Approved) [2024] IEHC 722 1. Introduction The High Court of Ireland delivered its judgment in the...

      Clarification and Reinforcement of Statutory Requirements for Involuntary Mental Health Detention under the 2001 Act

Clarification and Reinforcement of Statutory Requirements for Involuntary Mental Health Detention under the 2001 Act

Date: Nov 9, 2024
Clarification and Reinforcement of Statutory Requirements for Involuntary Mental Health Detention under the 2001 Act Introduction The Judgment in the matter of Janette Simpson ([2024] IEHC 643),...
Judicial Discretion in Non-Party Costs Orders: A Comprehensive Analysis of Thompson & Anor v An Bord Pleanala & Ors [2024] IEHC 639

Judicial Discretion in Non-Party Costs Orders: A Comprehensive Analysis of Thompson & Anor v An Bord Pleanala & Ors [2024] IEHC 639

Date: Nov 9, 2024
Judicial Discretion in Non-Party Costs Orders: A Comprehensive Analysis of Thompson & Anor v An Bord Pleanala & Ors [2024] IEHC 639 Introduction The High Court of Ireland delivered a pivotal judgment...
High Court Refutes Injunctive Relief in O'Shea v O'Connor: Emphasizes Adequacy of Damages and Delay

High Court Refutes Injunctive Relief in O'Shea v O'Connor: Emphasizes Adequacy of Damages and Delay

Date: Nov 8, 2024
High Court Refutes Injunctive Relief in O'Shea v O'Connor: Emphasizes Adequacy of Damages and Delay Introduction In the case of O'Shea & Anor v O'Connor & Anor (Approved) ([2024] IEHC 642), the High...
Pepper Finance v Moynihan: Enhanced Evidentiary Standards for Bare Trustees in Possession Orders

Pepper Finance v Moynihan: Enhanced Evidentiary Standards for Bare Trustees in Possession Orders

Date: Nov 8, 2024
Pepper Finance v Moynihan: Enhanced Evidentiary Standards for Bare Trustees in Possession Orders Introduction The case of Pepper Finance Corporation (Ireland) DAC trading as Pepper Asset Servicing v...
Minister For Justice v Vitor [2024] IEHC 645: Reinforcing Surrender Standards under the European Arrest Warrant Act 2003 in Absentia Trials

Minister For Justice v Vitor [2024] IEHC 645: Reinforcing Surrender Standards under the European Arrest Warrant Act 2003 in Absentia Trials

Date: Nov 8, 2024
Minister For Justice v Vitor [2024] IEHC 645: Reinforcing Surrender Standards under the European Arrest Warrant Act 2003 in Absentia Trials Introduction The case of Minister For Justice v Vitor...
Establishing Remittal Principles in Planning Law: Waterside Block 9 v An Bord Pleanála [2024] IEHC 633

Establishing Remittal Principles in Planning Law: Waterside Block 9 v An Bord Pleanála [2024] IEHC 633

Date: Nov 8, 2024
Establishing Remittal Principles in Planning Law: Waterside Block 9 Developments Ltd v An Bord Pleanála [2024] IEHC 633 Introduction The case of Waterside Block 9 Developments Ltd v An Bord Pleanála...
Affirmation of Section 955's Four-Year Time Limit in the Absence of Full Disclosure – O'Sullivan v Revenue Commissioners

Affirmation of Section 955's Four-Year Time Limit in the Absence of Full Disclosure – O'Sullivan v Revenue Commissioners

Date: Nov 7, 2024
Affirmation of Section 955's Four-Year Time Limit in the Absence of Full Disclosure – O'Sullivan v Revenue Commissioners Introduction The case of O'Sullivan v Revenue Commissioners ([2024] IEHC 611)...
Rigorous Scrutiny of Adverse Possession and Disability Accommodations in High Court Decisions: Commentary on F v W. & Ors [2024] IEHC 631

Rigorous Scrutiny of Adverse Possession and Disability Accommodations in High Court Decisions: Commentary on F v W. & Ors [2024] IEHC 631

Date: Nov 7, 2024
Rigorous Scrutiny of Adverse Possession and Disability Accommodations in High Court Decisions: Commentary on F v W. & Ors [2024] IEHC 631 Introduction The High Court of Ireland delivered a pivotal...
Baile Bhuachhlain Teoranta v Galway County Council: Clarifying Standards for Judicial Review of Planning Decisions

Baile Bhuachhlain Teoranta v Galway County Council: Clarifying Standards for Judicial Review of Planning Decisions

Date: Nov 2, 2024
Baile Bhuachhlain Teoranta v Galway County Council: Clarifying Standards for Judicial Review of Planning Decisions Introduction The High Court of Ireland delivered its judgment in the case Baile...
Judicial Review Affirms Adequate Consideration of Updated Noise Guidelines in Wind Farm Approval

Judicial Review Affirms Adequate Consideration of Updated Noise Guidelines in Wind Farm Approval

Date: Nov 2, 2024
Judicial Review Affirms Adequate Consideration of Updated Noise Guidelines in Wind Farm Approval Introduction In the matter of Nagle View Turbine Aware Group v An Bord Pleanála (Approved) ([2024]...
Toole & Anor v Minister for Housing: Strengthening Mitigation Requirements in Foreshore Licenses under Article 6(3) Habitats Directive

Toole & Anor v Minister for Housing: Strengthening Mitigation Requirements in Foreshore Licenses under Article 6(3) Habitats Directive

Date: Nov 2, 2024
Toole & Anor v Minister for Housing: Strengthening Mitigation Requirements in Foreshore Licenses under Article 6(3) Habitats Directive Introduction In the matter of Toole & Anor v Minister for...
High Court Establishes Cost Allocation Principles for Legitimus Contradictor Motions

High Court Establishes Cost Allocation Principles for Legitimus Contradictor Motions

Date: Nov 2, 2024
High Court Establishes Cost Allocation Principles for Legitimus Contradictor Motions Introduction The High Court of Ireland rendered a significant judgment in the case of Custom House Capital Limited...
Strict Enforcement of Statutory Time Limits in Judicial Review: M v Chief International Protection Officer & Ors [2024] IEHC 623

Strict Enforcement of Statutory Time Limits in Judicial Review: M v Chief International Protection Officer & Ors [2024] IEHC 623

Date: Nov 2, 2024
Strict Enforcement of Statutory Time Limits in Judicial Review: M v Chief International Protection Officer & Ors [2024] IEHC 623 Introduction The case of M v Chief International Protection Officer &...
Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641

Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641

Date: Nov 1, 2024
Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641 Introduction The High Court of Ireland delivered a pivotal...
Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640

Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640

Date: Nov 1, 2024
Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640 Introduction The High Court of Ireland...
Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors

Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors

Date: Nov 1, 2024
Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors Introduction The case of Child and Family Agency v D.A & Ors is a...
High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects

High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects

Date: Nov 1, 2024
High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects Introduction The case of Croghan & Ors v Collins & Ors (Approved) ([2024] IEHC 607) was adjudicated by...
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