Ireland Case Commentaries

Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test

Date: May 31, 2025

Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test Introduction This commentary examines the Supreme Court’s decision in Director of Public Prosecutions v....

Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21

Date: May 31, 2025

Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21 1. Introduction Kirwan v Connors & ors ([2025] IESC 21) is a landmark Supreme Court of Ireland decision...

Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out

Date: May 31, 2025

Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out Introduction Case Name: Kirwan v Connors & ors (Approved) [2025] IESC 21 (Supreme Court of Ireland) Date: 30 May...

Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review

Date: May 31, 2025

Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review 1. Introduction In Fahybeg Windfarm Opposition Group & Anor v An Bord Pleanála [2025] IEHC 310, the High Court...

Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311

Date: May 31, 2025

Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311 Introduction Angela Heavey owns property adjacent to the...

The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto

Date: May 31, 2025

The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto 1. Introduction In Gaultier v Four Judges of the Court of...

Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries

Date: May 30, 2025

Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries 1. Introduction Harrison v Commissioner of An Garda Síochána ([2025] IEHC 303) is a High Court judicial review...

“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation

Date: May 30, 2025

“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation 1. Introduction Fitzwilliam Loan Management Unlimited...

“Special Care as a Remedy of Last Resort” – An Analysis of JT (A Minor) v Child and Family Agency [2025] IEHC 316

Date: May 30, 2025

“Special Care as a Remedy of Last Resort” – Judicial Review Boundaries Clarified in JT (A Minor) v Child and Family Agency [2025] IEHC 316 1. Introduction The High Court judgment delivered by Ms...

“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans (Commentary on Liqun v. Minister for Justice & Equality [2025] IEHC 352)

Date: May 29, 2025

“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans Commentary on Liqun v. Minister for Justice & Equality & Minister for Business, Enterprise...

“Doing Justice” as a Basis for Disclosure of Special Criminal Court Open-Court Materials to a Public Inquiry

Date: May 29, 2025

“Doing Justice” as a Basis for Disclosure of Special Criminal Court Open-Court Materials to a Public Inquiry 1. Introduction In The Minister for Justice v The Director of Public Prosecutions and Anor...

Defendant’s Wrongdoing as Countervailing Factor in Delay Applications: Mullen v O'Brien & Anor ([2025] IEHC 302)

Date: May 29, 2025

Defendant’s Wrongdoing as Countervailing Factor in Delay Applications Introduction Mullen v O'Brien & Anor ([2025] IEHC 302) is a High Court decision delivered by Mr Justice Barry O’Donnell on May...

Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd

Date: May 28, 2025

Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd 1. Introduction This commentary examines the High...

“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000

Date: May 28, 2025

“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000 Introduction Grall v Meath County Council ([2025] IEHC 318) is a sequel...

Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions

Date: May 27, 2025

Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions 1. Introduction In Scully v Coucal Ltd [2025]...

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Date: May 27, 2025

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast) Introduction This commentary examines the Supreme Court of Ireland’s landmark decision in Scully v...

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Date: May 27, 2025

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965 Introduction The Estate of Michael Joseph McNally [Deceased], Re ([2025] IEHC 299) is a High Court probate...

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Date: May 24, 2025

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296) Introduction This case concerns a dispute between Sunward Holdings Limited (“Sunward”), the...

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Date: May 24, 2025

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified Introduction This commentary examines the High Court’s decision in...

De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

Date: May 24, 2025

De Novo Review and Oral-Hearing Discretion in International Protection Appeals Introduction M.M.S. v International Protection Appeals Tribunal & Ors [2025] IEHC 294 is a High Court judgment of Mr...