Ireland Case Commentaries

Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications

Date: Mar 11, 2025

Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications Introduction The case of A.R. v Ireland & Anor ([2025] IEHC 132) addresses several interrelated...

Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law

Date: Mar 11, 2025

Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law Introduction The judgment in McGreal v Minister for Housing, Local Government and Heritage of Ireland...

Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Date: Mar 11, 2025

Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280 1. Introduction This case arises under the Child Abduction and Enforcement of Custody...

Strict Limits on Costs for Unsuccessful Public-Interest Appellants in Statutory-Interpretation Appeals

Date: Mar 8, 2025

Strict Limits on Costs for Unsuccessful Public-Interest Appellants in Statutory-Interpretation Appeals 1. Introduction This ruling concerns costs following the Supreme Court’s substantive judgment in...

Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases

Date: Mar 8, 2025

Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases Introduction The judgment in Z v S (Approved) ([2025] IEHC 136) delivered by Mr. Justice Barry...

Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity

Date: Mar 6, 2025

Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity Introduction The case of The Governor of a Prison v A ([2025] IEHC 147) addresses a highly...

Establishing a Modular Trial Framework in Complex Medical Negligence Litigation

Date: Mar 6, 2025

Establishing a Modular Trial Framework in Complex Medical Negligence Litigation Introduction The case of Thompson [A Minor] v Health Service Executive (Approved) ([2025] IEHC 156) represents a...

Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne

Date: Mar 6, 2025

Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne Introduction This commentary examines the High Court of Ireland’s judgment in Dunne [A Bankrupt] & Ors v Dunne...

Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive

Date: Mar 5, 2025

Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive Introduction This commentary examines a detailed judicial decision...

The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality

Date: Mar 5, 2025

The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality Introduction This commentary examines the landmark Judgment in the case of Recorded Artists Actors...

Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment

Date: Mar 5, 2025

Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment 1. Introduction The judgment in Irish Bank Resolution Corporation Ltd (In Special Liquidation) & anor v Fingleton...

The Incorporation of 'Costs of the Adjudication' in the Statutory Time Limit for Consideration under the 2015 Act

Date: Mar 5, 2025

The Incorporation of "Costs of the Adjudication" in the Statutory Time Limit for Consideration under the 2015 Act Introduction This commentary examines the High Court’s decision in H.J. Ward LLP v...

New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation

Date: Mar 5, 2025

New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation Introduction The judgment in Murphy v An Bord Pleanala & Anor (Approved) ([2025] IEHC 117)...

Interlocutory Costs Must Be Determined Now: “Not Possible Justly” Requires Truly Exceptional Circumstances, with Pragmatic Power to Stay Pending an Imminent Trial

Date: Mar 4, 2025

Interlocutory Costs Must Be Determined Now: “Not Possible Justly” Requires Truly Exceptional Circumstances, with Pragmatic Power to Stay Pending an Imminent Trial 1. Introduction This Supreme Court...

Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010

Date: Mar 4, 2025

Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010 Introduction The judgment in Child and Family Agency & Ors v Adoption Authority of Ireland & Ors...

Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB

Date: Mar 1, 2025

Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB Introduction The case of Olaszewski v The Residential Tenancies Board (Approved) [2025] IEHC 113...

Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327

Date: Mar 1, 2025

Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327 Introduction The judgment in McE v Chief Appeals Officer & Ors ([2025] IEHC 114) represents a...

Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals

Date: Mar 1, 2025

Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals Introduction In Raza v Minister for Justice ([2025]...

Nasr v Minister for Justice: No New Grounds on Review and Disclosure of Third‑Party Allegations — Fair Procedure Requires a “Sufficiently Solid Factual Basis” in EU Free‑Movement Marriage‑of‑Convenience Decisions

Date: Feb 28, 2025

Nasr v Minister for Justice: No New Grounds on Review and Disclosure of Third‑Party Allegations — Fair Procedure Requires a “Sufficiently Solid Factual Basis” in EU Free‑Movement...

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Date: Feb 22, 2025

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate Introduction This commentary offers an in-depth analysis of a comprehensive judgment concerning the exercise...