Ireland Case Commentaries

Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd

Date: May 15, 2025

Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd Introduction This commentary examines the High Court of Ireland’s decision in Duffy v MSCL...

“Pending but Not Yet Law” – The High Court Charts the Limits of Judicial Reliance on Draft Personal Injury Guidelines

Date: May 15, 2025

“Pending but Not Yet Law” – The High Court Charts the Limits of Judicial Reliance on Draft Personal Injury Guidelines 1. Introduction Case: Somers v Commission­er of An Garda Síochána & Ors [2025]...

Privity of Interest and Abuse of Process: Harrington v SRF Ltd & Ors

Date: May 15, 2025

Privity of Interest and Abuse of Process: Harrington v SRF Ltd & Ors Introduction Harrington v SRF Ltd & Ors [2025] IEHC 252 concerned John Harrington’s attempt to vacate or nullify a default...

Clarifying “Person” in the Courts (No.3) Act: Authorising Unincorporated Solicitor Firms to Apply for District Court Summonses

Date: May 14, 2025

Clarifying “Person” in the Courts (No.3) Act: Authorising Unincorporated Solicitor Firms to Apply for District Court Summonses Introduction This commentary examines the landmark Supreme Court...

Inclusive Interpretation of “Person” under s.1(6)(a) of the Courts (No. 3) Act 1986: Unincorporated Associations’ Right to Apply for Summons Affirmed

Date: May 14, 2025

Inclusive Interpretation of “Person” under s.1(6)(a) of the Courts (No. 3) Act 1986: Unincorporated Associations’ Right to Apply for Summons Affirmed 1. Introduction This landmark decision arises...

Duty to Provide Adequate Reasons for Refusal of Enhanced Remission and Mootness of Post-Release Challenges

Date: May 14, 2025

Duty to Provide Adequate Reasons for Refusal of Enhanced Remission and Mootness of Post-Release Challenges Introduction H.S. v. Minister for Justice ([2025] IEHC 271) is a High Court Judicial Review...

Discovery in Summary Appeal Proceedings: Limitation of Pre-Hearing Documentary Applications

Date: May 14, 2025

Discovery in Summary Appeal Proceedings: Limitation of Pre-Hearing Documentary Applications Introduction The High Court of Ireland’s decision in Tanager DAC & Anor v Doyle & Anor ([2025] IEHC 275)...

Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction

Date: May 14, 2025

Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction Introduction Tweedswood Ltd & anor v Power (Approved) [2025] IESC 18 is a Supreme Court of...

Interlocutory Injunctions: Duty to Expedite Proceedings and Appellate Oversight

Date: May 14, 2025

Interlocutory Injunctions: Duty to Expedite Proceedings and Appellate Oversight Introduction Tweedswood Ltd & anor v Power [2025] IESC 18 is a landmark Supreme Court of Ireland decision that...

Immediate Costs Awards under Order 99, Rule 2(5): Clarifying Cost Payments in Jurisdiction and Discovery Motions

Date: May 13, 2025

Immediate Costs Awards under Order 99, Rule 2(5): Clarifying Cost Payments in Jurisdiction and Discovery Motions Introduction This commentary examines the High Court’s costs ruling in Yasar v CCC...

Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act

Date: May 10, 2025

Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act Introduction Kelleher v Irish Prison Service & Ors [2025] IEHC 253 is a High Court...

Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997

Date: May 10, 2025

Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997 Introduction Revenue Commissioners v Getty Images International ULC ([2025] IEHC 268) is...

Validation of Substituted Service via Social Media in Irish Family Law

Date: May 10, 2025

Validation of Substituted Service via Social Media in Irish Family Law 1. Introduction In S S & Ors v A Tax Appeal Commissioner (Approved) [2025] IECA 96 (commonly referred to as J v H in the High...

Inherent Jurisdiction Anonymity Orders as Remedy for Aged-Out Child Defendants

Date: May 10, 2025

Inherent Jurisdiction Anonymity Orders as Remedy for Aged-Out Child Defendants Introduction This commentary examines the Supreme Court of Ireland decision in Doe (No. 1), Doe (No. 2) and Doe (No. 3)...

Establishing a Bona Fide Defence of Non est Factum and Misrepresentation Precludes Summary Judgment: M. Kelliher 1998 Ltd v Ashe [2025] IEHC 269

Date: May 10, 2025

Establishing a Bona Fide Defence of Non est Factum and Misrepresentation Precludes Summary Judgment 1. Introduction In M. Kelliher 1998 Ltd v Ashe [2025] IEHC 269, the High Court considered whether...

Mandatory Award of Costs on Interlocutory Injunctions under O.99 r.2(3): Philpott v Pepper Finance [2025] IEHC 274

Date: May 10, 2025

Mandatory Award of Costs on Interlocutory Injunctions under O.99 r.2(3): Philpott v Pepper Finance [2025] IEHC 274 Introduction Philpott & Anor v Pepper Finance Corporation (Ireland) DAC & Anor [No....

Rochford v Kelly: Reasonable Grounds for Public Order Arrests and Digital Evidence Search Warrants

Date: May 9, 2025

Rochford v Kelly: Reasonable Grounds for Public Order Arrests and Digital Evidence Search Warrants Introduction Rochford v Kelly & Ors [2025] IEHC 251 is a landmark High Court decision of Mr. Justice...

Empowering Vulnerable Adults: Discharge from Wardship and the Primacy of Decision-Making Representatives under Section 55 of the Assisted Decision-Making (Capacity) Act 2015

Date: May 9, 2025

Empowering Vulnerable Adults: Discharge from Wardship and the Primacy of Decision-Making Representatives under Section 55 of the Assisted Decision-Making (Capacity) Act 2015 1. Introduction This...

Inherent Jurisdiction for Post-Brexit Recognition of Northern Ireland Administration Proceedings

Date: May 8, 2025

Inherent Jurisdiction for Post-Brexit Recognition of Northern Ireland Administration Proceedings Introduction This commentary examines the High Court of Ireland’s decision in Re: Mercer Agencies Ltd...

Evidence-Based Domestic Violence Safety Orders & Proportional Ancillary Relief in Short-Term Marriages

Date: May 8, 2025

Evidence-Based Domestic Violence Safety Orders & Proportional Ancillary Relief in Short-Term Marriages 1. Introduction The High Court decision in E v N (Approved) [2025] IEHC 323 addresses two core...