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  • Commentaries

Ireland Case Commentaries

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

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

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

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

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

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

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

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

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

“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

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)

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

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

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

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

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

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...
“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus

“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus

Date: Aug 19, 2025
“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus Case: Petersen Energia Inversora SAU &...
“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

Date: Aug 15, 2025
“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction 1. Introduction Burke v...
Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025] IEHC 418

Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025] IEHC 418

Date: Aug 13, 2025
Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025]...
“Plain-English Judging” and the Threshold for Enhanced Costs: Commentary on Propiteer
            Ireland Ltd v Castlehaven Property Finance DAC & Ors [2025] IEHC 451

“Plain-English Judging” and the Threshold for Enhanced Costs: Commentary on Propiteer Ireland Ltd v Castlehaven Property Finance DAC & Ors [2025] IEHC 451

Date: Aug 12, 2025
“Plain-English Judging” and the Threshold for Enhanced Costs Commentary on Propiteer Ireland Ltd v Castlehaven Property Finance DAC & Ors ([2025] IEHC 451) Introduction The High Court (Commercial...
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