Ireland Case Commentaries

“Remaining for the Result” – Supreme Court Defines the Scope of the Roadside Oral-Fluid Test under s.10 of the Road Traffic Act 2010 (DPP v O’Flaherty, [2024] IESC 54)

Date: Nov 26, 2024

“Remaining for the Result” – Supreme Court Defines the Scope of the Roadside Oral-Fluid Test under s.10 of the Road Traffic Act 2010 Commentary on The Director of Public Prosecutions (McCluskey) v...

Equitable Property Division and Maintenance under the Family Law (Divorce) Act: Analysis of S v R ([2024] IEHC 736)

Date: Nov 26, 2024

Equitable Property Division and Maintenance under the Family Law (Divorce) Act: Analysis of S v R ([2024] IEHC 736) Introduction The case of S v R ([2024] IEHC 736) adjudicated by the High Court of...

High Court of Ireland Sets Precedent on Assignment of Personal Guarantees in Summary Judgments

Date: Nov 23, 2024

High Court of Ireland Sets Precedent on Assignment of Personal Guarantees in Summary Judgments Introduction The case of Linked Recoveries Ltd v Dunne (Approved) [2024] IEHC 701 before the High Court...

Tracey v Burton [2024] IEHC 762: Limits on Psychiatric and Reputational Damages Arising from Termination of a Commercial Contract for Services

Date: Nov 22, 2024

Tracey v Burton & Ors [2024] IEHC 762: Limits on Psychiatric and Reputational Damages Arising from Termination of a Commercial Contract for Services 1. Introduction This High Court judgment of...

No Prejudice, No Adjournment: The High Court’s Re-statement of the Test for Minor Amendments and Adjournment Requests under Order 28 RSC – Commentary on Howley v McMahon [2024] IEHC 677

Date: Nov 22, 2024

No Prejudice, No Adjournment: The High Court’s Re-statement of the Test for Minor Amendments and Adjournment Requests under Order 28 RSC – Commentary on Howley v McMahon [2024] IEHC 677 1....

Balancing Transparency and Confidentiality: Insights from Industrial Development Agency v Information Commissioner [2024] IEHC 649

Date: Nov 21, 2024

Balancing Transparency and Confidentiality: Insights from Industrial Development Agency v Information Commissioner [2024] IEHC 649 Introduction The High Court of Ireland delivered a pivotal judgment...

Supreme Court Upholds District Court's Authority to Reassess Jurisdiction in Summary Trials

Date: Nov 21, 2024

Supreme Court Upholds District Court's Authority to Reassess Jurisdiction in Summary Trials Introduction The case of Doherty v The Director of Public Prosecutions Corcoran v The Director of Public...

“Effective Access” ≠ “Sectoral Access” – The High Court Confirms State Discretion to Exclude International-Protection Applicants from Public-Sector Work (AM v. Minister for Enterprise, Trade and Employment & Ors, [2024] IEHC 660)

Date: Nov 21, 2024

“Effective Access” ≠ “Sectoral Access” – The High Court Confirms State Discretion to Exclude International-Protection Applicants from Public-Sector Work (AM v. Minister for Enterprise, Trade and...

Convoy Caution: The High Court Clarifies the Duty of Care Between Emergency-Service Vehicles – Comment on O’Mahony v Kerry County Council [2024] IEHC 672

Date: Nov 21, 2024

Convoy Caution: The High Court Clarifies the Duty of Care Between Emergency-Service Vehicles – Comment on O’Mahony v Kerry County Council [2024] IEHC 672 1. Introduction On 20 November 2024 the High...

Balanced Sequencing of Parallel Proceedings: Noble v Greenstar Sets a New Template for Managing Overlapping Contract & Professional-Negligence Actions

Date: Nov 21, 2024

Balanced Sequencing of Parallel Proceedings: Noble v Greenstar Sets a New Template for Managing Overlapping Contract & Professional-Negligence Actions Introduction Michael Noble (“the Plaintiff”)...

Hanley v PBR Restaurants: High Court Clarifies Labour Court’s De Novo Jurisdiction and Modernises Employment-Status Tests

Date: Nov 20, 2024

Hanley v PBR Restaurants LTD t/a Fish Shack Café – High Court Clarifies Labour Court’s De Novo Jurisdiction and Modernises Employment-Status Tests 1. Introduction The High Court of Ireland (Bolger...

High Court Refutes Strike Out of Constitutional Challenge to Family Home Protection Act 1976 in Ooi v Ireland & Ors

Date: Nov 20, 2024

High Court Refutes Strike Out of Constitutional Challenge to Family Home Protection Act 1976 in Ooi v Ireland & Ors Introduction Ooi v Ireland & Ors ([2024] IEHC 663) is a significant judgment...

Little v Chief Appeals Officer – Displacement of the 1877 Act as the Statutory Basis for Costs in the Superior Courts

Date: Nov 20, 2024

Little v Chief Appeals Officer, Social Welfare Appeals Office & Minister for Social Protection Supreme Court Clarifies – and Effectively Displaces – Section 53 of the Supreme Court of Judicature...

“From Winner-Takes-All to Presumptive No-Order” – The New Supreme Court Starting-Point on Costs in Public-Interest Appeals of General Public Importance

Date: Nov 20, 2024

“From Winner-Takes-All to Presumptive No-Order” – A Commentary on Little v Chief Appeals Officer & Minister for Social Protection [2024] IESC 53, Supreme Court of Ireland 1. Introduction Little v...

High Court Reinforces Defense Rights Protections in European Arrest Warrant Surrender Decisions: Minister for Justice v. Anusiewicz

Date: Nov 16, 2024

High Court Reinforces Defense Rights Protections in European Arrest Warrant Surrender Decisions: Minister for Justice v. Anusiewicz Introduction The case of Minister for Justice v. Anusiewicz [2024]...

Settlement Acknowledgment Estoppel defeats Statute‑of‑Limitations defences in mortgage possession; s.26 Building Societies Act 1989 confined to sales under power of sale

Date: Nov 16, 2024

Settlement Acknowledgment Estoppel defeats Statute‑of‑Limitations defences in mortgage possession; s.26 Building Societies Act 1989 confined to sales under power of sale Introduction This commentary...

Enforcing the Balance of Justice: Dismissal for Inordinate and Inexcusable Delay in Professional Negligence Claims - McAndrew v Bourke [2024] IEHC 651

Date: Nov 14, 2024

Enforcing the Balance of Justice: Dismissal for Inordinate and Inexcusable Delay in Professional Negligence Claims - McAndrew v Bourke [2024] IEHC 651 Introduction The High Court of Ireland, in the...

Protection of Visual Amenity in Strategic Housing Developments: Leech & Anor v An Bord Pleanála & Ors [2024] IEHC 599

Date: Nov 13, 2024

Protection of Visual Amenity in Strategic Housing Developments Introduction The case of Leech & Anor v An Bord Pleanála & Ors ([2024] IEHC 599) presents a pivotal moment in Irish planning law,...

Permissive Interpretation of Social Welfare Regulations: Insights from B.M and J.M v Chief Appeals Officer et al. [2024] IESC 51

Date: Nov 13, 2024

Permissive Interpretation of Social Welfare Regulations: Insights from B.M and J.M v Chief Appeals Officer et al. [2024] IESC 51 Introduction The Supreme Court of Ireland, in the case of B.M and J.M...

Stratification of Residency Permits in High Court Ruling: EL v Minister for Justice [2024] IEHC 647

Date: Nov 13, 2024

Stratification of Residency Permits in High Court Ruling: EL v Minister for Justice [2024] IEHC 647 Introduction In the case of EL v Minister for Justice (Approved) ([2024] IEHC 647), the High Court...