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  • Commentaries

Ireland Case Commentaries

Murphy v. Roscommon County Council: Re-defining the Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case & Clarifying the Non-Joinder Rule for Trial Judges

Murphy v. Roscommon County Council: Re-defining the Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case & Clarifying the Non-Joinder Rule for Trial Judges

Date: Aug 1, 2025
Murphy v. Roscommon County Council (High Court, 2025): A Landmark on (1) the Low “Arguable Grounds” Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case and (2) the Obligation...
Adjournments Pending Foreign Proceedings Require Proven Overlap and Proportionality: High Court prioritises expeditious hearing and domestic warrant control in Ryanair v CCPC

Adjournments Pending Foreign Proceedings Require Proven Overlap and Proportionality: High Court prioritises expeditious hearing and domestic warrant control in Ryanair v CCPC

Date: Aug 1, 2025
Adjournments Pending Foreign Proceedings Require Proven Overlap and Proportionality: High Court prioritises expeditious hearing and domestic warrant control in Ryanair v CCPC Introduction In Ryanair...
Expert Evidence and Demonstrable Loss as Gatekeepers: High Court clarifies early strike‑out of solicitor‑negligence claims under Order 19, rule 28

Expert Evidence and Demonstrable Loss as Gatekeepers: High Court clarifies early strike‑out of solicitor‑negligence claims under Order 19, rule 28

Date: Aug 1, 2025
Expert Evidence and Demonstrable Loss as Gatekeepers: High Court clarifies early strike‑out of solicitor‑negligence claims under Order 19, rule 28 Introduction In Zapryanova v Rochford Gibbons...
“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449

“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449

Date: Aug 1, 2025
“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449 1 – Introduction Sexton v. An Bord Pleanála (“Sexton”) is the High...
“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion: A Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439)

“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion: A Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439)

Date: Aug 1, 2025
“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439) 1. Introduction In Xerotech Ltd v Ayro Inc, Ms Justice Emily...
Drawdown Trumps Unfulfilled Valuation Preconditions in Commercial Lending: Borrowers Have No Right to Bank Valuations Absent Assumption of Responsibility (Allied Irish Banks plc & Everyday Finance DAC v Doran [2025] IEHC 515)

Drawdown Trumps Unfulfilled Valuation Preconditions in Commercial Lending: Borrowers Have No Right to Bank Valuations Absent Assumption of Responsibility (Allied Irish Banks plc & Everyday Finance DAC v Doran [2025] IEHC 515)

Date: Aug 1, 2025
Drawdown Trumps Unfulfilled Valuation Preconditions in Commercial Lending: Borrowers Have No Right to Bank Valuations Absent Assumption of Responsibility Case: Allied Irish Banks PLC & Everyday...
“Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies”

“Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies”

Date: Jul 31, 2025
Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies 1. Introduction Case: O'Donoghue & Manning...
The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch related Acronyms – Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462

The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch related Acronyms – Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462

Date: Jul 31, 2025
The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch Related Acronyms Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462 1....
The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation

The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation

Date: Jul 30, 2025
The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation 1. Introduction Sherlock Mongans & Anor v Clare County...
Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and Youth & Ors [2025] IEHC 431

Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and Youth & Ors [2025] IEHC 431

Date: Jul 30, 2025
Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and...
Rochford v. Kelly: Financial Hardship Alone Cannot Displace the Default Costs Rule in Private Tort Actions Against the State

Rochford v. Kelly: Financial Hardship Alone Cannot Displace the Default Costs Rule in Private Tort Actions Against the State

Date: Jul 30, 2025
Rochford v. Kelly: Financial Hardship Alone Cannot Displace the Default Costs Rule in Private Tort Actions Against the State Introduction In the supplemental costs judgment of Rochford v. Kelly & Ors...
Beyond Gorry: The High Court Defines the Minister’s Discretion to Refuse Revocation of a Deportation Order Despite a Post-Order Marriage

Beyond Gorry: The High Court Defines the Minister’s Discretion to Refuse Revocation of a Deportation Order Despite a Post-Order Marriage

Date: Jul 30, 2025
Beyond Gorry: The High Court Defines the Minister’s Discretion to Refuse Revocation of a Deportation Order Despite a Post-Order Marriage 1. Introduction I & Anor v Minister for Justice ([2025] IEHC...
Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424

Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424

Date: Jul 30, 2025
Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424 1. Introduction Dillon v Connolly ([2025] IEHC 424) arises from the long-running administration...
“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Cork County Council v Collins, [2025] IEHC 429)

“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Cork County Council v Collins, [2025] IEHC 429)

Date: Jul 30, 2025
“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Commentary on Cork County Council v Collins, [2025] IEHC 429) 1. Introduction In this landmark...
“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” – A Commentary on Bank of Ireland Mortgage Bank UC v. Cody & Ors [2025] IEHC 419

“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” – A Commentary on Bank of Ireland Mortgage Bank UC v. Cody & Ors [2025] IEHC 419

Date: Jul 30, 2025
“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” Commentary on Bank of Ireland Mortgage Bank UC v Cody & Ors [2025] IEHC 419 1. Introduction This...
The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes

The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes

Date: Jul 30, 2025
The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes Introduction Arkins v Labour Court ([2025] IEHC 416) concerns a...
Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB: Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37

Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB: Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37

Date: Jul 30, 2025
Supreme Court Clarifies that Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB Purposes Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37 1. Introduction Dillon v...
“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations

“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations

Date: Jul 30, 2025
“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations Introduction Decision: B.D., T.D. & M.D. v. International Protection...
Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of Ireland [2025] IEHC 484

Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of Ireland [2025] IEHC 484

Date: Jul 30, 2025
Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of...
L v T [2025] IEHC 573: Sham Separation Agreements Cannot Oust the Court—High Court Prioritises “Proper Provision” and Authorises Property Orders over Beneficial Interests

L v T [2025] IEHC 573: Sham Separation Agreements Cannot Oust the Court—High Court Prioritises “Proper Provision” and Authorises Property Orders over Beneficial Interests

Date: Jul 26, 2025
L v T [2025] IEHC 573: Sham Separation Agreements Cannot Oust the Court—High Court Prioritises “Proper Provision” and Authorises Property Orders over Beneficial Interests Citation: [2025] IEHC 573 |...
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