Ireland Case Commentaries

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Date: May 24, 2025

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act Introduction In Pszonka v Residential Tenancies Board (Approved) [2025] IEHC 291,...

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Date: May 23, 2025

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289 1. Introduction In the High Court judgment of Howley v S & Ors ([2025] IEHC 289), Mr...

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

Date: May 23, 2025

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces Introduction Doran v Residential Tenancies Board [2025] IEHC 290 is a High Court decision delivered by...

Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Date: May 22, 2025

Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle Introduction In MA v RE ([2025] IEHC 341), Ms. Justice Nuala Jackson was asked, at an...

Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Date: May 22, 2025

Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings Introduction Minister for Justice and Equality v Puk ([2025] IEHC 295) concerned...

Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria)

Date: May 21, 2025

Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria) Introduction Kehoe v Promontoria (Aran) Ltd & Anor [2025] IEHC 286 is a...

Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders

Date: May 21, 2025

Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders Introduction In Boulbet v SumUp Ltd ([2025] IEHC 285), Mr. Justice Nolan of the High Court of Ireland...

Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act

Date: May 20, 2025

Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act Introduction This commentary examines the High Court judgment in Protect East Meath Ltd...

Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening

Date: May 20, 2025

Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening Introduction The High Court’s decision in Concerned Residents of Coolkill, Sandyford...

“Words Enough” – CP v RP [2025] IEHC 332 and the Recognition of Oral Settlements in Irish Family-Law Litigation

Date: May 17, 2025

“Words Enough” – CP v RP [2025] IEHC 332 and the Recognition of Oral Settlements in Irish Family-Law Litigation Introduction The decision of Ms Justice Nuala Jackson in CP v RP ([2025] IEHC 332) will...

Multi-Factorial Habitual Residence Test for Young Children Under the Hague Convention

Date: May 17, 2025

Multi-Factorial Habitual Residence Test for Young Children Under the Hague Convention Introduction J.G. v M.P. ([2025] IEHC 282) is a High Court family law decision addressing a return-of-child...

Prohibition of Collateral Attacks on Unchallenged LAP Extensions in SEA Transposition Challenges

Date: May 17, 2025

Prohibition of Collateral Attacks on Unchallenged LAP Extensions in SEA Transposition Challenges Introduction Ballyboden Tidy Towns Group v An Bord Pleanála & Ors [No. 2] [2025] IEHC 277 is a High...

Enforcement of Possession Orders via Attachment and Committal: Criteria, Jurisdiction and Finality

Date: May 17, 2025

Enforcement of Possession Orders via Attachment and Committal: Criteria, Jurisdiction and Finality Introduction In Mars Capital Finance Ireland DAC v O’Halloran & Anor [2025] IEHC 307, the High Court...

Clarifying Commencement of Appeal Period under s.123 of the Residential Tenancies Act 2004: “Issue” and “Filing” Dates Defined

Date: May 17, 2025

Clarifying Commencement of Appeal Period under s.123 of the Residential Tenancies Act 2004: “Issue” and “Filing” Dates Defined Introduction This commentary examines the High Court’s decision in...

Clarifying Assessment Officers’ Duties Under Section 8 of the Disability Act 2005

Date: May 16, 2025

Clarifying Assessment Officers’ Duties Under Section 8 of the Disability Act 2005 Introduction C.D. (a minor) sued the Health Service Executive (HSE) and the Minister for Education in the High Court...

Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284)

Date: May 16, 2025

Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284) Introduction The High Court of Ireland’s decision in Logan v Wilson & Anor ([2025] IEHC...

Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005

Date: May 16, 2025

Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005 Introduction Mulligan...

DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards

Date: May 16, 2025

DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards Introduction DF v CK ([2025] IEHC 343) is a landmark decision of the High Court of...

Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications

Date: May 16, 2025

Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications Introduction SK Fishing Limited v Companies Act (Approved) [2025] IEHC 235 is a High Court decision...

Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe

Date: May 15, 2025

Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe Introduction The High Court judgment in Martin v O’Keeffe & Anor ([2025] IEHC 272) addresses the...