Ireland Case Commentaries

Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641

Date: Nov 1, 2024

Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641 Introduction The High Court of Ireland delivered a pivotal...

Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640

Date: Nov 1, 2024

Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640 Introduction The High Court of Ireland...

Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors

Date: Nov 1, 2024

Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors Introduction The case of Child and Family Agency v D.A & Ors is a...

High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects

Date: Nov 1, 2024

High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects Introduction The case of Croghan & Ors v Collins & Ors (Approved) ([2024] IEHC 607) was adjudicated by...

High Court Establishes Statutory Jurisdiction to Remit Aquaculture Licensing Decisions under the Fisheries (Amendment) Act 1997

Date: Nov 1, 2024

High Court Establishes Statutory Jurisdiction to Remit Aquaculture Licensing Decisions under the Fisheries (Amendment) Act 1997 Introduction The case of Salmon Watch Ireland CLG v Aquaculture...

High Court Establishes Charitable Fundraising Through Retail as Exempt Under Valuation Act

Date: Nov 1, 2024

High Court Establishes Charitable Fundraising Through Retail as Exempt Under Valuation Act Introduction In the landmark case of NCBI Retail v Commissioner of Valuation ([2024] IEHC 606), the High...

Security for Costs: High Court Refuses Defendant's Motion in Tahboub v Joint Arab-Irish Chamber of Commerce CLG

Date: Nov 1, 2024

Security for Costs: High Court Refuses Defendant's Motion in Tahboub v Joint Arab-Irish Chamber of Commerce CLG Introduction In the matter of Tahboub v Joint Arab-Irish Chamber of Commerce CLG...

Gradual Investments Ltd v Kennedy: Enforceability of Abatement Agreements and Penalty Clauses

Date: Oct 31, 2024

Gradual Investments Ltd v Kennedy: Enforceability of Abatement Agreements and Penalty Clauses Introduction Gradual Investments Ltd v Kennedy (Approved) ([2024] IEHC 602) is a landmark decision...

Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587: Establishing the Integrity of Personal Injury Claims under Section 26

Date: Oct 31, 2024

Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587: Establishing the Integrity of Personal Injury Claims under Section 26 Introduction The High Court of Ireland, in the matter of Lynch v Motor...

Addressing Vexatious Litigation: High Court's Stance on Security for Costs in Ulster Bank DAC & Ors v McDonagh & Ors [2024] IEHC 609

Date: Oct 31, 2024

Addressing Vexatious Litigation: High Court's Stance on Security for Costs in Ulster Bank DAC & Ors v McDonagh & Ors [2024] IEHC 609 Introduction In the landmark case of Ulster Bank DAC & Ors v...

High Court Establishes Limits on Criminal Assets Bureau's Intervention in Disability Allowance Claims

Date: Oct 30, 2024

High Court Establishes Limits on Criminal Assets Bureau's Intervention in Disability Allowance Claims Introduction The case of Gilligan v Criminal Assets Bureau & Ors (Approved) ([2024] IEHC 601)...

Establishing the Abuse of Process in European Arrest Warrant Surrenders: Minister for Justice v Wilgorz ([2024] IEHC 644)

Date: Oct 30, 2024

Establishing the Abuse of Process in European Arrest Warrant Surrenders: Minister for Justice v Wilgorz ([2024] IEHC 644) Introduction In the High Court of Ireland case titled Minister for Justice v...

No Enforceable Right to Review Under DA 2005: Comprehensive Commentary on M & Anor v Health Service Executive, B v. Health Service Executive (Approved) ([2024] IEHC 621)

Date: Oct 25, 2024

No Enforceable Right to Review Under DA 2005 M & Anor v Health Service Executive, B v. Health Service Executive (Approved) ([2024] IEHC 621) Introduction The High Court of Ireland delivered a...

High Court Affirms Surrender under EAW: Strengthening Mutual Recognition and Strict Exception Criteria

Date: Oct 24, 2024

High Court Affirms Surrender under EAW: Strengthening Mutual Recognition and Strict Exception Criteria Introduction In the landmark case Minister for Justice v Zajac (Approved) ([2024] IEHC 618), the...

Enhanced Judicial Safeguards in Extradition: Minister for Justice & Equality v Walsh ([2024] IESC 47)

Date: Oct 23, 2024

Enhanced Judicial Safeguards in Extradition: Minister for Justice & Equality v Walsh ([2024] IESC 47) Introduction The case of Minister for Justice & Equality v Walsh ([2024] IESC 47) addresses...

Striking Out Frivolous Litigation and Judicial Immunity: A Comprehensive Analysis of W.Z. v Ireland & Ors [2024] IEHC 595

Date: Oct 23, 2024

Striking Out Frivolous Litigation and Judicial Immunity: A Comprehensive Analysis of W.Z. v Ireland & Ors [2024] IEHC 595 Introduction Case: W.Z. v Ireland & Ors (Approved) [2024] IEHC 595 Court:...

Apportionment of Liability in Workplace Injury: Davidovic v Apleona HSG Ltd & Ors [2024] IEHC 596

Date: Oct 22, 2024

Apportionment of Liability in Workplace Injury: Davidovic v Apleona HSG Ltd & Ors [2024] IEHC 596 Introduction The case of Davidovic v Apleona HSG Ltd & Ors ([2024] IEHC 596) adjudicated by the High...

Reaffirming the EU Duty of Cooperation: High Court Quashes IPT Decision in H v International Protection Appeals Tribunal

Date: Oct 22, 2024

Reaffirming the EU Duty of Cooperation: High Court Quashes IPT Decision in H v International Protection Appeals Tribunal Introduction The High Court of Ireland delivered a landmark judgment on...

Consent as the Connecting Thread: Irish High Court stays national IP and contract claims under Art. 136 EUTMR and Brussels Recast; strict Order 11 evidence reaffirmed

Date: Oct 19, 2024

Consent as the Connecting Thread: High Court stays national IP and contract claims under Art. 136 EUTMR and Brussels Recast; strict Order 11 evidence reaffirmed Introduction In Merck KGaA & Ors v...

Sangeeta Rana and Lehrasib Ali v The Minister for Justice: Establishing the Duty to Engage in Good Character Assessments under Special Schemes

Date: Oct 19, 2024

Sangeeta Rana and Lehrasib Ali v The Minister for Justice: Establishing the Duty to Engage in Good Character Assessments under Special Schemes Introduction The Supreme Court of Ireland delivered its...