Ireland Case Commentaries

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

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)

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)

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;...

Discharged Bankrupts Have No Standing to Litigate Estate-Related Claims; High Court Authorises Isaac Wunder Restraint on Collateral Attacks

Date: Sep 13, 2025

Discharged Bankrupts Have No Standing to Litigate Estate-Related Claims; High Court Authorises Isaac Wunder Restraint on Collateral Attacks Case: John Gaynor v Sheridan Quinn Solicitors, Robert...

No Decision, No Chenchooliah: Prematurity and Separation of Powers in Irish Removal/Deportation Procedure

Date: Sep 13, 2025

No Decision, No Chenchooliah: Prematurity and Separation of Powers in Irish Removal/Deportation Procedure Case Comment on M v Minister for Justice [2025] IEHC 494 (High Court, 12 September 2025)...

Active Verification, Flexible Evidence, and Non‑Fettered Discretion in Irish Employment Visa Decisions: Commentary on Masood v Minister for Justice [2025] IEHC 485

Date: Sep 11, 2025

Active Verification, Flexible Evidence, and Non‑Fettered Discretion in Irish Employment Visa Decisions: Commentary on Masood v Minister for Justice [2025] IEHC 485 Introduction This High Court...

Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected

Date: Sep 10, 2025

Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected Introduction In Browne...

Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480

Date: Sep 9, 2025

Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480...

Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged — Commentary on KBC Bank NV v Smith & Ors [2025] IEHC 481

Date: Sep 9, 2025

Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged Introduction This...

Implicit Criminal-Proceedings Leverage as “Unambiguous Impropriety”: High Court admits WPSATC correspondence — QPQ Limited v Schute [2025] IEHC 474

Date: Sep 4, 2025

Implicit Criminal‑Proceedings Leverage as “Unambiguous Impropriety”: High Court Admits WPSATC Correspondence QPQ Limited v Schute (Approved) [2025] IEHC 474, High Court of Ireland, Commercial List...

Ageing‑Out Does Not Create Sentencing Prejudice: Jurisdiction‑First under s.75 Children Act and Non‑application of s.13 Criminal Law Act 1976 to Children Detention Schools

Date: Sep 4, 2025

Ageing‑Out Does Not Create Sentencing Prejudice: Jurisdiction‑First under s.75 Children Act and Non‑application of s.13 Criminal Law Act 1976 to Children Detention Schools Case: K (Aged Out Child) v...

“Payment disputes” under s.6 of the Construction Contracts Act 2013 are confined to contractual payments; common‑law termination damages are not adjudicable — and planning irregularities do not render construction contracts void

Date: Sep 4, 2025

“Payment disputes” under s.6 of the Construction Contracts Act 2013 are confined to contractual payments; common‑law termination damages are not adjudicable — and planning irregularities do not...

Judicial Review Is Not a Shortcut to Halt Pending Prosecutions: High Court Reaffirms Exceptional Nature of Prohibition and Routes Wrongful-Arrest Grievances to Plenary Actions

Date: Aug 27, 2025

Judicial Review Is Not a Shortcut to Halt Pending Prosecutions: High Court Reaffirms Exceptional Nature of Prohibition and Routes Wrongful-Arrest Grievances to Plenary Actions Decision commented on:...

No Shortcut to Trial: LSRA observations do not shift the plaintiff’s burden and a defendant’s pleaded case must be taken at its highest on strike‑out motions (Monarca v Hayes Solicitors LLP [2025] IEHC 472)

Date: Aug 27, 2025

No Shortcut to Trial: LSRA observations do not shift the plaintiff’s burden and a defendant’s pleaded case must be taken at its highest on strike‑out motions Commentary on Monarca v Hayes Solicitors...

Finality Means Final: High Court reaffirms s.39 Courts of Justice Act 1936 applies to interlocutory and procedural orders on Circuit appeals; possession granted notwithstanding securitisation and transfer challenges

Date: Aug 27, 2025

“Finality Means Final” on Circuit Appeals: The High Court confirms s.39 CJA 1936 forecloses later attacks on its appellate orders and grants possession despite securitisation and transfer objections...

Neagoe v Minister for Social Protection: Informal Intrafamily Caregiving and Board-and-Lodging Do Not Confer EU “Worker” Status; Carer’s Allowance is “Social Assistance” Requiring Article 7(1)(b) Compliance

Date: Aug 23, 2025

Neagoe v Minister for Social Protection: Informal Intrafamily Caregiving and Board-and-Lodging Do Not Confer EU “Worker” Status; Carer’s Allowance is “Social Assistance” Requiring Article 7(1)(b)...

The “Flatley Test”: Determining Ordinary Residence and Sufficient Domestic Assets in Security-for-Costs Motions

Date: Aug 22, 2025

The “Flatley Test”: Determining Ordinary Residence and Sufficient Domestic Assets in Security-for-Costs Motions Introduction Flatley v. Austin Newport Group Ltd & Ors ([2025] IEHC 461) is a...

Periodic inspection, not perfection: High Court confines architects’ liability; clarifies s.17 “consideration” and s.34 contributory negligence in ad‑hoc build contracts — Ashdrum Lodge Ltd t/a Kiernan Homes v Barbouti [2025] IEHC 522

Date: Aug 22, 2025

Periodic inspection, not perfection: High Court confines architects’ liability; clarifies s.17 “consideration” and s.34 contributory negligence in ad‑hoc build contracts — Ashdrum Lodge Ltd t/a...

Dunbar Factors: Punitive Civil Contempt for Breach of Anton Piller and Mareva Orders in Digital Piracy Cases

Date: Aug 21, 2025

Dunbar Factors: Punitive Civil Contempt for Breach of Anton Piller and Mareva Orders in Digital Piracy Cases Commentary on Sky UK Ltd v Dunbar (Approved) [2025] IEHC 465 (High Court, Sanfey J., 20...