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  • Commentaries

Ireland Case Commentaries

Jones v Obisesan: High Court Reaffirms Strict Limits on Substitution and Amendment in Judicial Review Proceedings

Jones v Obisesan: High Court Reaffirms Strict Limits on Substitution and Amendment in Judicial Review Proceedings

Date: Jun 19, 2025
Jones v Obisesan: High Court Reaffirms Strict Limits on Substitution and Amendment in Judicial Review Proceedings Introduction In Jones v Obisesan ([2025] IEHC 338) Mr Justice Garrett Simons...
“From Absolute Time-Bar to Discretionary Extension” – Barniville P. Affirms the High Court’s Power to Extend the 21-Day Limit in Appeals from Solicitors Disciplinary Tribunal Decisions

“From Absolute Time-Bar to Discretionary Extension” – Barniville P. Affirms the High Court’s Power to Extend the 21-Day Limit in Appeals from Solicitors Disciplinary Tribunal Decisions

Date: Jun 18, 2025
“From Absolute Time-Bar to Discretionary Extension” – Barniville P. Affirms the High Court’s Power to Extend the 21-Day Limit in Appeals from Solicitors Disciplinary Tribunal Decisions 1....
“One Project – One Public Notice” : The High Court clarifies that Environmental Impact Assessment publicity must cover wind-farm grid connections – Commentary on North Westmeath Turbine Action Group v. An Bord Pleanála & Sweetman v. An Bord Pleanála  [2025] IEHC 367

“One Project – One Public Notice” : The High Court clarifies that Environmental Impact Assessment publicity must cover wind-farm grid connections – Commentary on North Westmeath Turbine Action Group v. An Bord Pleanála & Sweetman v. An Bord Pleanála [2025] IEHC 367

Date: Jun 17, 2025
“One Project – One Public Notice” The High Court clarifies that Environmental Impact Assessment publicity must cover wind-farm grid connections Commentary on North Westmeath Turbine Action Group &...
The Ryanair v. Skyscanner Discovery Precedent: Embedding Proportionality, Sampling, and Temporal Reach in High-Tech Competition Litigation

The Ryanair v. Skyscanner Discovery Precedent: Embedding Proportionality, Sampling, and Temporal Reach in High-Tech Competition Litigation

Date: Jun 12, 2025
The Ryanair v. Skyscanner Discovery Precedent: Embedding Proportionality, Sampling, and Temporal Reach in High-Tech Competition Litigation 1. Introduction The High Court’s judgment in Ryanair DAC v....
Pepper Finance v O’Reilly – The High Court Clarifies the Evidential Threshold and Discovery Limits in s.62(7) Possession Actions

Pepper Finance v O’Reilly – The High Court Clarifies the Evidential Threshold and Discovery Limits in s.62(7) Possession Actions

Date: Jun 12, 2025
Pepper Finance v O’Reilly – The High Court Clarifies the Evidential Threshold and Discovery Limits in s.62(7) Possession Actions 1. Introduction Pepper Finance Corporation (Ireland) DAC (“Pepper”)...
Atlantic Endeavour v OPW ([2025] IEHC 324): Contractual Duration as the Determinant for Lifting Automatic Suspensions under the 2017 Review Procedures Regulations

Atlantic Endeavour v OPW ([2025] IEHC 324): Contractual Duration as the Determinant for Lifting Automatic Suspensions under the 2017 Review Procedures Regulations

Date: Jun 12, 2025
Atlantic Endeavour Ltd & Anor v Office of Public Works ([2025] IEHC 324) “Contractual Duration as the Determinant for Lifting Automatic Suspensions” 1. Introduction This High Court decision,...

        “Injurious Affection” Re-Defined:  The Supreme Court Clarifies the Scope of Compensation
        under s.53 Electricity (Supply) Act 1927 – O’Reilly v. ESB  [2025] IESC 27

“Injurious Affection” Re-Defined: The Supreme Court Clarifies the Scope of Compensation under s.53 Electricity (Supply) Act 1927 – O’Reilly v. ESB [2025] IESC 27

Date: Jun 12, 2025
“Injurious Affection” Re-Defined: Supreme Court Clarifies the Scope of Compensation for Electricity Wayleaves in Ireland 1. Introduction On 5 June 2025 the Supreme Court delivered a landmark ruling...
Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2]

Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2]

Date: Jun 9, 2025
Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2] Introduction McShane v Data Protection Commissioner [No. 2] ([2025] IEHC 314)...
Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy

Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy

Date: Jun 6, 2025
Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy Introduction On 5 June 2025 Mr Justice...
High Court Clarifies Scope of “Trial Resulting in the Decision” and Sovereignty Limits in Post-Brexit TCA Extradition: Minister for Justice v Maughan [2025] IEHC 346

High Court Clarifies Scope of “Trial Resulting in the Decision” and Sovereignty Limits in Post-Brexit TCA Extradition: Minister for Justice v Maughan [2025] IEHC 346

Date: Jun 6, 2025
High Court Clarifies Scope of “Trial Resulting in the Decision” and Sovereignty Limits in Post-Brexit TCA Extradition: Minister for Justice v Maughan [2025] IEHC 346 Introduction On 5 June 2025 the...
Supreme Court Clarifies Status of IFSPs as “Health Services” and Mandates Greater Specificity in Disability Service Statements

Supreme Court Clarifies Status of IFSPs as “Health Services” and Mandates Greater Specificity in Disability Service Statements

Date: Jun 5, 2025
Supreme Court Clarifies Status of IFSPs as “Health Services” and Mandates Greater Specificity in Disability Service Statements Introduction Y & anor v. Health Service Executive ([2025] IESC 26) is...
M.S. v Minister for Justice – Curtailing Discovery in Pre-Leave, Moot Judicial Review Proceedings

M.S. v Minister for Justice – Curtailing Discovery in Pre-Leave, Moot Judicial Review Proceedings

Date: Jun 5, 2025
M.S. v Minister for Justice – Curtailing Discovery in Pre-Leave, Moot Judicial Review Proceedings 1. Introduction In M.S. v Minister for Justice ([2025] IEHC 335) Ms. Justice Siobhán Phelan delivered...
Bank Misconduct as a Bar to Restitution –  Extending Consumer-Credit Protection to Victims of Forged Mortgages

Bank Misconduct as a Bar to Restitution – Extending Consumer-Credit Protection to Victims of Forged Mortgages

Date: Jun 5, 2025
Bank Misconduct as a Bar to Restitution – Extending Consumer-Credit Protection to Victims of Forged Mortgages 1. Introduction Bank of Ireland Mortgage Bank v Murray & anor, [2025] IESC 24, is...

        Donnan v. Parole Board – Costs Consequences When a Statutory Body
        Moots Judicial-Review Proceedings by Corrective Action

Donnan v. Parole Board – Costs Consequences When a Statutory Body Moots Judicial-Review Proceedings by Corrective Action

Date: Jun 5, 2025
Donnan v. Parole Board – Costs Consequences When a Statutory Body Moots Judicial-Review Proceedings by Corrective Action 1. Introduction Donnan v Parole Board ([2025] IEHC 328) is a High Court...

“From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána”

“From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána”

Date: Jun 5, 2025
From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána 1. Introduction G.W. v. Commissioner of An...
Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation

Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation

Date: Jun 5, 2025
Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation Introduction In Tolan v Brindley...
“A Mortgage in Name Alone”:  The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched non-signatory spouse – Commentary on Bank of Ireland Mortgage Bank v. Murray [2025] IESC 24

“A Mortgage in Name Alone”: The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched non-signatory spouse – Commentary on Bank of Ireland Mortgage Bank v. Murray [2025] IESC 24

Date: Jun 5, 2025
“A Mortgage in Name Alone”: The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched...
“Calibrating Cross-Examination in Summary Proceedings” – A Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor [2025] IEHC 351

“Calibrating Cross-Examination in Summary Proceedings” – A Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor [2025] IEHC 351

Date: Jun 5, 2025
“Calibrating Cross-Examination in Summary Proceedings” A Detailed Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor – High Court (O’Higgins J) [2025] IEHC 351 1. Introduction Court:...
Murray & Unjust Enrichment: Supreme Court Narrows the Defences – Bank of Ireland Mortgage Bank v Murray & anor [2025] IESC 24

Murray & Unjust Enrichment: Supreme Court Narrows the Defences – Bank of Ireland Mortgage Bank v Murray & anor [2025] IESC 24

Date: Jun 5, 2025
Murray & Unjust Enrichment: Supreme Court Narrows the Defences Commentary on Bank of Ireland Mortgage Bank v Murray & anor (Approved) [2025] IESC 24 1. Introduction In Bank of Ireland Mortgage Bank v...
The DT Framework: Supreme Court Guidance on Proving Possession through Statutory Inferences (Director of Public Prosecutions v DT [2025] IESC 25)

The DT Framework: Supreme Court Guidance on Proving Possession through Statutory Inferences (Director of Public Prosecutions v DT [2025] IESC 25)

Date: Jun 5, 2025
The DT Framework: Supreme Court Guidance on Proving Possession through Statutory Inferences (Director of Public Prosecutions v DT [2025] IESC 25) Introduction Director of Public Prosecutions v DT...
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