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  • Commentaries

Ireland Case Commentaries

National Procedural Autonomy and Stays of GDPR Supervisory Decisions: Commentary on TikTok Technology Ltd v Data Protection Commission [2025] IEHC 619

National Procedural Autonomy and Stays of GDPR Supervisory Decisions: Commentary on TikTok Technology Ltd v Data Protection Commission [2025] IEHC 619

Date: Nov 14, 2025
National Procedural Autonomy and Stays of GDPR Supervisory Decisions: Commentary on TikTok Technology Ltd & TikTok Information Technologies UK Ltd v Data Protection Commission [2025] IEHC 619 1....
DPP v Dermody [2025] IEHC 620 – District Court Power to Dismiss Where Court Infrastructure Prevents Trial

DPP v Dermody [2025] IEHC 620 – District Court Power to Dismiss Where Court Infrastructure Prevents Trial

Date: Nov 14, 2025
District Court Power to Dismiss Criminal Charges Where Court Infrastructure Prevents Trial: Commentary on Director of Public Prosecutions v Dermody [2025] IEHC 620 Court: High Court (Ireland),...
Full and Frank Disclosure in Delay Motions and the Post‑Kirwan Framework: Commentary on Bank of Ireland Mortgage Bank v Lawlor [2025] IEHC 617

Full and Frank Disclosure in Delay Motions and the Post‑Kirwan Framework: Commentary on Bank of Ireland Mortgage Bank v Lawlor [2025] IEHC 617

Date: Nov 13, 2025
Full and Frank Disclosure in Delay Motions and the Post‑Kirwan Framework: Commentary on Bank of Ireland Mortgage Bank Unlimited Company v Lawlor & Anor [2025] IEHC 617 1. Introduction This commentary...
Proof of Merger in Mortgage Enforcement and Commercial Adequacy of Damages – Commentary on Mulcaire & Ors v Capital Flow Group DAC [2025] IEHC 622

Proof of Merger in Mortgage Enforcement and Commercial Adequacy of Damages – Commentary on Mulcaire & Ors v Capital Flow Group DAC [2025] IEHC 622

Date: Nov 13, 2025
Proof of Merger in Mortgage Enforcement and Commercial Adequacy of Damages: Commentary on Mulcaire & Ors v Capital Flow Group DAC & Gaynor [2025] IEHC 622 1. Introduction This High Court judgment of...
Contractual Waiver and Extinguishment of Mortgagee’s Title under the Statute of Limitations: Commentary on Mars Capital DAC v Walsh [2025] IESC 45

Contractual Waiver and Extinguishment of Mortgagee’s Title under the Statute of Limitations: Commentary on Mars Capital DAC v Walsh [2025] IESC 45

Date: Nov 13, 2025
Contractual Waiver and the Extinguishment of Mortgagee’s Title under the Statute of Limitations: Commentary on Mars Capital Finance Ireland DAC v Walsh [2025] IESC 45 1. Introduction The Supreme...

        Applying the Personal Injuries Guidelines to Historical Psychiatric Injury Claims
        and Calibrating Aggravated and Exemplary Damages in Intentional Assaults:
        Commentary on Doherty v Friel [2025] IEHC 718

Applying the Personal Injuries Guidelines to Historical Psychiatric Injury Claims and Calibrating Aggravated and Exemplary Damages in Intentional Assaults: Commentary on Doherty v Friel [2025] IEHC 718

Date: Nov 12, 2025
Applying the Personal Injuries Guidelines to Historical Psychiatric Injury Claims and Calibrating Aggravated and Exemplary Damages in Intentional Assaults: Commentary on Doherty v Friel [2025] IEHC...
Materiality as the Gateway under s.146B: Non‑material alterations to SID permissions need no EIA/AA or public participation and may be adopted mid‑litigation without objective bias

Materiality as the Gateway under s.146B: Non‑material alterations to SID permissions need no EIA/AA or public participation and may be adopted mid‑litigation without objective bias

Date: Nov 11, 2025
Materiality as the Gateway under s.146B: Non‑material alterations to SID permissions need no EIA/AA or public participation and may be adopted mid‑litigation without objective bias Introduction This...
Planning Conditions as Standard-and-Fallback, Harmless Error, and Curative Amendments: Commentary on Rural Residents Wind Aware v An Coimisiún Pleanála [2025] IEHC 600

Planning Conditions as Standard-and-Fallback, Harmless Error, and Curative Amendments: Commentary on Rural Residents Wind Aware v An Coimisiún Pleanála [2025] IEHC 600

Date: Nov 11, 2025
Planning Conditions as Standard-and-Fallback, Harmless Error, and Curative Amendments in SID Consents: Commentary on Rural Residents Wind Aware & Ors v An Coimisiún Pleanála & Ors [2025] IEHC 600...
When a fundamental EIA public‑notice breach does not trigger certiorari: the “phase‑two cure” discretion in North Westmeath Turbine Action Group v An Bord Pleanála [2025] IEHC 608

When a fundamental EIA public‑notice breach does not trigger certiorari: the “phase‑two cure” discretion in North Westmeath Turbine Action Group v An Bord Pleanála [2025] IEHC 608

Date: Nov 11, 2025
When a fundamental EIA public‑notice breach does not trigger certiorari: the “phase‑two cure” discretion in North Westmeath Turbine Action Group v An Bord Pleanála [2025] IEHC 608 Introduction This...
No Exceptional Point: Section 5 of the 2000 Act Encompasses Section 50 Refoulement Opinions; Article 15(c) Not Required at Refoulement Stage

No Exceptional Point: Section 5 of the 2000 Act Encompasses Section 50 Refoulement Opinions; Article 15(c) Not Required at Refoulement Stage

Date: Nov 11, 2025
No Exceptional Point: Section 5 of the 2000 Act Encompasses Section 50 Refoulement Opinions; Article 15(c) Not Required at Refoulement Stage Introduction This ruling of the High Court of Ireland...
No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 (Minister for Justice v Nistor [2025] IEHC 609)

No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 (Minister for Justice v Nistor [2025] IEHC 609)

Date: Nov 11, 2025
No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 Commentary on Minister for Justice v Nistor [2025] IEHC 609 (High Court of Ireland, 5 November...
Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway

Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway

Date: Nov 11, 2025
Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway Commentary on Hadnett v...
Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside

Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside

Date: Nov 11, 2025
Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside Introduction Foley v 360 Degrees Complete Maintenance...
‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591

‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591

Date: Nov 11, 2025
‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591 Introduction This High Court...
Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy

Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy

Date: Nov 11, 2025
Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy Introduction In Arkins & Anor v Labour Court [2025] IEHC 605, the...
Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy Proportionality)

Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy Proportionality)

Date: Nov 11, 2025
Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy...
Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney & Anor [No. 2] [2025] IEHC 602

Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney & Anor [No. 2] [2025] IEHC 602

Date: Nov 11, 2025
Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney...
Conditional Stays, Mortgage-to-Rent, and the Statutory Right to Vary Proceeds of Crime Orders: Commentary on Criminal Assets Bureau v O'Brien & Anor [2025] IEHC 603

Conditional Stays, Mortgage-to-Rent, and the Statutory Right to Vary Proceeds of Crime Orders: Commentary on Criminal Assets Bureau v O'Brien & Anor [2025] IEHC 603

Date: Nov 11, 2025
Conditional Stays, Mortgage-to-Rent, and the Statutory Right to Vary Proceeds of Crime Orders: A Commentary on Criminal Assets Bureau v O'Brien & Anor [2025] IEHC 603 1. Introduction This High Court...
Sweeney v Friel [2025] IEHC 716: Aggravated and Exemplary Damages for Abuse of Process and Judicial Discretion Not to Apply Collins v Parm Reductions

Sweeney v Friel [2025] IEHC 716: Aggravated and Exemplary Damages for Abuse of Process and Judicial Discretion Not to Apply Collins v Parm Reductions

Date: Nov 11, 2025
Sweeney v Friel [2025] IEHC 716: Aggravated and Exemplary Damages for Abuse of Process and Judicial Discretion Not to Apply Collins v Parm Reductions 1. Introduction The High Court decision in...
Provisional Medical Attribution as “Date of Knowledge” under the Statute of Limitations: Commentary on Kmiec v Noonan Services Group Ltd [2025] IEHC 694

Provisional Medical Attribution as “Date of Knowledge” under the Statute of Limitations: Commentary on Kmiec v Noonan Services Group Ltd [2025] IEHC 694

Date: Nov 11, 2025
Provisional Medical Attribution as “Date of Knowledge” under the Statute of Limitations: Commentary on Kmiec v Noonan Services Group Ltd [2025] IEHC 694 1. Introduction The High Court decision in...
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