Ireland Case Commentaries

The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge

Date: Mar 26, 2025

The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge Introduction The judgment in Grimes v Cork Circuit Court Judge & Anor (Approved)...

The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent

Date: Mar 26, 2025

The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent Introduction The judgment in Doyle & Ors v An Bord Pleanala & Ors ([2025]...

Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions

Date: Mar 26, 2025

Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions Introduction Tracey v Commissioner of An Garda Síochána [2025] IEHC 234 was decided by the...

New Precedent on Residual Discretion and Feasibility in Capacity Auctions

Date: Mar 26, 2025

New Precedent on Residual Discretion and Feasibility in Capacity Auctions Introduction This commentary examines the recent judgment in the twin actions, Kilshane Energy Ltd v EirGrid PLC & Others and...

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Date: Mar 25, 2025

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment Introduction This commentary examines the High Court decision in Leech & Anor v An...

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Date: Mar 22, 2025

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law Introduction The case of Thompson & Anor v An Bord Pleanala & Ors [No.4]...

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Date: Mar 22, 2025

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates Introduction In NUA Healthcare Services Ltd v Commissioner for Valuation; Redwood Extended Care Facility v Commissioner for...

Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest

Date: Mar 21, 2025

Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest Introduction The judgment in Sweetman v Environmental Protection Agency & Ors...

Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law

Date: Mar 21, 2025

Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law Introduction In the case of Protect East Meath Ltd v Meath County Council (Approved) [2025] IEHC...

New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance

Date: Mar 21, 2025

New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance Introduction The case of L v Teaching Council (Approved) [2025] IEHC 155 before the High...

New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies

Date: Mar 21, 2025

New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies Introduction The judgment in the case of GT v Minister for Justice & Anor [No.2]...

Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings

Date: Mar 21, 2025

Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings Introduction The judgment in Ambasaid Ltd & Anor v MBCC Foods [Ireland] (Approved) ([2025] IEHC 152)...

Divorce as a Status Matter Lies Beyond an EPA’s Reach: High Court mandates Guardian ad Litem for Incapacitated Respondents

Date: Mar 21, 2025

Divorce as a Status Matter Lies Beyond an EPA’s Reach: High Court mandates Guardian ad Litem for Incapacitated Respondents Introduction In T OS v C OS [2025] IEHC 538, the High Court (Jackson J.)...

Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018

Date: Mar 15, 2025

Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018 Introduction This commentary examines the High Court of Ireland’s...

New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions

Date: Mar 15, 2025

New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions Introduction The case of Minister for Justice v Orsolic (Approved) [2025] IEHC 169 before the...

Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes

Date: Mar 15, 2025

Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes Introduction The case of Verbenagrove Ltd v Evans & Anor ([2025] IEHC 151) before the...

New Precedent on the Incompatibility of Judicial Review Mechanisms in Child Sentencing: Limits on Life Sentences and Suspended Custodial Orders

Date: Mar 14, 2025

New Precedent on the Incompatibility of Judicial Review Mechanisms in Child Sentencing: Limits on Life Sentences and Suspended Custodial Orders Introduction The Supreme Court's decision in Director...

One-Step Fundamental Rights Evaluation in TCAW Surrenders: A New Judicial Precedent

Date: Mar 14, 2025

One-Step Fundamental Rights Evaluation in TCAW Surrenders: A New Judicial Precedent Introduction The judgment in Verbenagrove Ltd v Evans & Anor (Approved) [2025] IEHC 168 represents a significant...

Wasted Costs and Adjournment Liability: Clarifying the Jurisdiction under Order 99 and the Legal Services Regulation Act 2015 in PP v Commissioner of An Garda Síochána & Ors

Date: Mar 14, 2025

Wasted Costs and Adjournment Liability: Clarifying the Jurisdiction under Order 99 and the Legal Services Regulation Act 2015 in PP v Commissioner of An Garda Síochána & Ors 1. Introduction PP v...

“The First-Appearance Rule” & Narrow Construction of s.5(5): A Comprehensive Commentary on Breban v. Catch Security Systems Ltd [2025] IEHC 366

Date: Mar 14, 2025

“The First-Appearance Rule” & Narrow Construction of s.5(5) Comprehensive Commentary on Breban v. Catch Security Systems Ltd [2025] IEHC 366 1. Introduction The High Court decision in Breban v. Catch...