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  • Commentaries

Ireland Case Commentaries

Beades v KBC & Ors – Definitive Guidance on Strike-Out Motions, Henderson Abuse, and Limited Isaac Wunder Orders

Beades v KBC & Ors – Definitive Guidance on Strike-Out Motions, Henderson Abuse, and Limited Isaac Wunder Orders

Date: Jun 28, 2025
Beades v KBC & Others: High Court Clarifies Strike-Out Threshold, Henderson abuse, and Scope of Isaac Wunder Orders 1. Introduction This extensive decision of Mr Justice Conor Dignam, delivered on 27...
The Dinnegan Principle: The Dominance of Objective Evidence over Evolving Allegations in School-yard Personal-Injury Litigation

The Dinnegan Principle: The Dominance of Objective Evidence over Evolving Allegations in School-yard Personal-Injury Litigation

Date: Jun 28, 2025
The Dinnegan Principle: The Dominance of Objective Evidence over Evolving Allegations in School-yard Personal-Injury Litigation Introduction Dinnegan v Trustees and Board of Management of Loughegar...
The Bradley Principle: Confirming Testamentary Capacity Despite Documented Cognitive Impairment

The Bradley Principle: Confirming Testamentary Capacity Despite Documented Cognitive Impairment

Date: Jun 28, 2025
The Bradley Principle: Confirming Testamentary Capacity Despite Documented Cognitive Impairment Introduction Citation: Re: The Estate of Margaret Bradley (Approved) [2025] IEHC 365, High Court of...
“Facts-at-Time” Test for Receiver Sales: Ryan v. Promontoria (Aran) Ireland Ltd [2025] IEHC 362

“Facts-at-Time” Test for Receiver Sales: Ryan v. Promontoria (Aran) Ireland Ltd [2025] IEHC 362

Date: Jun 28, 2025
“Facts-at-Time” Test for Receiver Sales: Ryan v. Promontoria (Aran) Ireland Ltd & Ors – A Comprehensive Commentary 1. Introduction Ryan v Promontoria (Aran) Ireland Ltd & Ors ([2025] IEHC 362)...
“The Everyday Mishap” Doctrine & the Precision-in-Pleadings Rule: Commentary on Lawless v Keatley [2025] IEHC 364

“The Everyday Mishap” Doctrine & the Precision-in-Pleadings Rule: Commentary on Lawless v Keatley [2025] IEHC 364

Date: Jun 27, 2025
“The Everyday Mishap” Doctrine & the Precision-in-Pleadings Rule Commentary on Lawless v Keatley [2025] IEHC 364 1. Introduction Lawless v Keatley is a High Court appeal from the Circuit Court in...
High Court Discretion to Admit Fresh Evidence on Section 37 Appeals – Comment on S v E [2025] IEHC 377

High Court Discretion to Admit Fresh Evidence on Section 37 Appeals – Comment on S v E [2025] IEHC 377

Date: Jun 27, 2025
High Court Discretion to Admit Fresh Evidence on Section 37 Appeals – Comment on S v E [2025] IEHC 377 1. Introduction Parties: The wife (S) as applicant/respondent in the Circuit Court and appellant...
“Frivolity Re-Defined” – Ward v DPP and the New Low Threshold for Mandamus to Compel a Case Stated

“Frivolity Re-Defined” – Ward v DPP and the New Low Threshold for Mandamus to Compel a Case Stated

Date: Jun 26, 2025
“Frivolity Re-Defined” – Ward v Director of Public Prosecutions [2025] IEHC 355 and the New Low Threshold for Mandamus to Compel a Case Stated 1. Introduction Ward v DPP is the latest High Court...
The Engagement-Duty Costs Rule: P.K. v V.O.S. & Anor and the Proportional Reduction of Costs for Inadequate Pre-Litigation Engagement

The Engagement-Duty Costs Rule: P.K. v V.O.S. & Anor and the Proportional Reduction of Costs for Inadequate Pre-Litigation Engagement

Date: Jun 26, 2025
The Engagement-Duty Costs Rule: P.K. v V.O.S. & Anor and the Proportional Reduction of Costs for Inadequate Pre-Litigation Engagement 1. Introduction P.K. v V.O.S. & Anor ([2025] IEHC 354) is a High...
Section 160 Injunctions Cannot Be Used to Collaterally Attack Planning Permissions –  Malone v Laois County Council & Ors ([2025] IEHC 345)

Section 160 Injunctions Cannot Be Used to Collaterally Attack Planning Permissions – Malone v Laois County Council & Ors ([2025] IEHC 345)

Date: Jun 26, 2025
Section 160 Injunctions Cannot Be Used to Collaterally Attack Planning Permissions – Malone v Laois County Council & Ors ([2025] IEHC 345) 1. Introduction In Malone & McEvoy v Laois County Council,...
Keane v. Clerk of the Dáil – Clarifying Who May Inspect “Sealed” Election Materials under ss.129-130 of the Electoral Act 1992

Keane v. Clerk of the Dáil – Clarifying Who May Inspect “Sealed” Election Materials under ss.129-130 of the Electoral Act 1992

Date: Jun 26, 2025
Keane v. Clerk of the Dáil – Clarifying Who May Inspect “Sealed” Election Materials under ss.129-130 of the Electoral Act 1992 High Court of Ireland – Ms. Justice Emily Egan – 19 June 2025 – [2025]...
Non‑validated Biomarkers and Conference Posters Can Render a Dosing Regimen Obvious: The High Court’s Sandoz v Bayer (Rivaroxaban OD) Decision

Non‑validated Biomarkers and Conference Posters Can Render a Dosing Regimen Obvious: The High Court’s Sandoz v Bayer (Rivaroxaban OD) Decision

Date: Jun 26, 2025
Non‑validated Biomarkers and Conference Posters Can Render a Dosing Regimen Obvious: The High Court’s Sandoz v Bayer (Rivaroxaban OD) Decision Introduction In Sandoz AG & Rowex Ltd v Bayer...

        Bord na Móna Biomass v Gorman – High Court Reinforces the Conclusive Effect of the Land Registry and Summarily Rejects “Sovereign-Citizen” Jurisdiction Challenges

Bord na Móna Biomass v Gorman – High Court Reinforces the Conclusive Effect of the Land Registry and Summarily Rejects “Sovereign-Citizen” Jurisdiction Challenges

Date: Jun 25, 2025
Bord na Móna Biomass v Gorman – High Court Reinforces the Conclusive Effect of the Land Registry and Summarily Rejects “Sovereign-Citizen” Jurisdiction Challenges Introduction In Bord na Móna Biomass...
Criminal Assets Bureau v. O’Brien & Anor – Clarifying the “Serious Risk of Injustice” and Proportionality Tests under the Proceeds of Crime Act 1996

Criminal Assets Bureau v. O’Brien & Anor – Clarifying the “Serious Risk of Injustice” and Proportionality Tests under the Proceeds of Crime Act 1996

Date: Jun 25, 2025
Criminal Assets Bureau v. O’Brien & Anor – Clarifying the “Serious Risk of Injustice” and Proportionality Tests under the Proceeds of Crime Act 1996 1. Introduction The High Court’s decision in...
Mahmud v Minister for Justice — The “Objective-Evidence” Standard for Revoking EU Residence Rights

Mahmud v Minister for Justice — The “Objective-Evidence” Standard for Revoking EU Residence Rights

Date: Jun 25, 2025
Mahmud v Minister for Justice — The “Objective-Evidence” Standard for Revoking EU Residence Rights 1. Introduction In Mahmud v Minister for Justice ([2025] IEHC 356) the High Court (O’Donnell J.)...
“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412

“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412

Date: Jun 25, 2025
“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412 1. Introduction DS v Minister for Defence & Ors centres on a serving soldier’s...
Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications

Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications

Date: Jun 25, 2025
Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications 1. Introduction Downtul Ltd (In Liquidation) v...
Limiting Speculative Credibility Assessments in International Protection Appeals: Commentary on J.L. v. International Protection Appeals Tribunal & Minister for Justice [2025] IEHC 347

Limiting Speculative Credibility Assessments in International Protection Appeals: Commentary on J.L. v. International Protection Appeals Tribunal & Minister for Justice [2025] IEHC 347

Date: Jun 20, 2025
Limiting Speculative Credibility Assessments in International Protection Appeals Commentary on J.L. v. International Protection Appeals Tribunal & Minister for Justice [2025] IEHC 347 1. Introduction...
Burden of Proof on Objections to Enduring Powers of Attorney & Tolerance of Minor Formal Defects – A Comment on DK & Anor v PK ([2025] IEHC 344)

Burden of Proof on Objections to Enduring Powers of Attorney & Tolerance of Minor Formal Defects – A Comment on DK & Anor v PK ([2025] IEHC 344)

Date: Jun 19, 2025
“Once Facial Validity Is Shown, the Objector Must Prove Otherwise” – Barniville P clarifies the Burden in EPA Objections and the Treatment of Minor Formal Flaws Commentary on DK & CK v PK (Approved)...
Proper Provision over Parity – KB v RB [2025] IEHC 342

Proper Provision over Parity – KB v RB [2025] IEHC 342

Date: Jun 19, 2025
“Proper Provision over Parity” – High Court Clarifies Asset Division Where Housing Needs of the Primary Carer Prevail Commentary on KB v RB (Approved) [2025] IEHC 342 1. Introduction KB v RB was an...
Proportional Costing in Construction-Adjudication Enforcement after a Late Jurisdictional Objection – Commentary on Tenderbids Ltd t/a Bastion v Electrical Waste Management Ltd [2025] IEHC 339

Proportional Costing in Construction-Adjudication Enforcement after a Late Jurisdictional Objection – Commentary on Tenderbids Ltd t/a Bastion v Electrical Waste Management Ltd [2025] IEHC 339

Date: Jun 19, 2025
Proportional Costing in Construction-Adjudication Enforcement after a Late Jurisdictional Objection – Commentary on Tenderbids Ltd t/a Bastion v Electrical Waste Management Ltd [2025] IEHC 339 1....
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