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  • Commentaries

Ireland Case Commentaries

Extending Section 73 Liens Beyond 2009: The Supreme Court’s Framework in Promontoria (Oyster) DAC v Fox & Kean

Extending Section 73 Liens Beyond 2009: The Supreme Court’s Framework in Promontoria (Oyster) DAC v Fox & Kean

Date: Jun 4, 2025
Extending Section 73 Liens Beyond 2009: The Supreme Court’s Framework in Promontoria (Oyster) DAC v Fox & Kean 1. Introduction Promontoria (Oyster) Designated Activity Company v Fox and Kean ([2025]...
RL v MR – Re-Drawing the Line Between “Living Apart” and “No Normal Marital Relationship” and Strengthening Financial-Disclosure Duties in Family Proceedings

RL v MR – Re-Drawing the Line Between “Living Apart” and “No Normal Marital Relationship” and Strengthening Financial-Disclosure Duties in Family Proceedings

Date: Jun 4, 2025
RL v MR – Re-Drawing the Line Between “Living Apart” and “No Normal Marital Relationship” and Strengthening Financial-Disclosure Duties in Family Proceedings Introduction RL v MR ([2025] IEHC 340) is...
“Co-Borrower Status ≠ Consent” – Everyday Finance Ltd v Marsh [2025] IEHC 326: Spousal Protection, Proof of Title and Redaction Standards in Irish Mortgage Litigation

“Co-Borrower Status ≠ Consent” – Everyday Finance Ltd v Marsh [2025] IEHC 326: Spousal Protection, Proof of Title and Redaction Standards in Irish Mortgage Litigation

Date: Jun 4, 2025
“Co-Borrower Status ≠ Consent” – Everyday Finance Ltd v Marsh [2025] IEHC 326 Introduction Everyday Finance Ltd v Marsh is a multi-faceted High Court appeal that touches nearly every fault line in...

        “The Five-Fold Safeguard Framework”: High Court Clarifies the Pre-Conditions for Deprivation of Liberty 
        under its Inherent Jurisdiction – Comment on HSE v DD [2025] IEHC 353

“The Five-Fold Safeguard Framework”: High Court Clarifies the Pre-Conditions for Deprivation of Liberty under its Inherent Jurisdiction – Comment on HSE v DD [2025] IEHC 353

Date: Jun 4, 2025
“The Five-Fold Safeguard Framework”: High Court Clarifies the Pre-Conditions for Deprivation of Liberty under its Inherent Jurisdiction – Comment on HSE v DD [2025] IEHC 353 1. Introduction In HSE v...
Minister for Justice v Okojie: Re-affirming the Primacy of Issuing-State Assurances under s.45 of the 2003 Act

Minister for Justice v Okojie: Re-affirming the Primacy of Issuing-State Assurances under s.45 of the 2003 Act

Date: Jun 4, 2025
Minister for Justice v Okojie [2025] IEHC 329 – “Once Assured, Always Assured”: The High Court affirms that a clear §45 assurance from an Issuing Judicial Authority stands unless objectively...
Detention Under Section 41 Confers Lawful Possession: Power to Open Vehicle Boot and Seize Evidence

Detention Under Section 41 Confers Lawful Possession: Power to Open Vehicle Boot and Seize Evidence

Date: May 31, 2025
Detention Under Section 41 Confers Lawful Possession: Power to Open Vehicle Boot and Seize Evidence Introduction Director of Public Prosecutions v Noonan ([2025] IESC 22) concerns the narrow but...
Expanding Protective Jurisdiction under Brussels I Recast: Liability Insurance and Consumer Contract Gateways Established in Farley v Mapfre

Expanding Protective Jurisdiction under Brussels I Recast: Liability Insurance and Consumer Contract Gateways Established in Farley v Mapfre

Date: May 31, 2025
Expanding Protective Jurisdiction under Brussels I Recast: Liability Insurance and Consumer Contract Gateways Established in Farley v Mapfre Introduction Farley v Mapfre Asistencia & Ors. ([2025]...
Requirement of Full Rehearing for Statutory Appeals under Section 7(13) of the Solicitors (Amendment) Act 1960 (as amended)

Requirement of Full Rehearing for Statutory Appeals under Section 7(13) of the Solicitors (Amendment) Act 1960 (as amended)

Date: May 31, 2025
Requirement of Full Rehearing for Statutory Appeals under Section 7(13) of the Solicitors (Amendment) Act 1960 (as amended) 1. Introduction This commentary examines the High Court’s decision in...
Valid Standing in Professional Negligence Claims: Requirement of Proper Appointment and Registration of Attorneys or Estate Rights

Valid Standing in Professional Negligence Claims: Requirement of Proper Appointment and Registration of Attorneys or Estate Rights

Date: May 31, 2025
Valid Standing in Professional Negligence Claims: Requirement of Proper Appointment and Registration of Attorneys or Estate Rights 1. Introduction McEvoy & Anor v Turner & Anor ([2025] IEHC 317) is a...
Order 122 Rule 11 RSC as Exclusive Basis for Dismissal for Want of Prosecution

Order 122 Rule 11 RSC as Exclusive Basis for Dismissal for Want of Prosecution

Date: May 31, 2025
Order 122 Rule 11 RSC as Exclusive Basis for Dismissal for Want of Prosecution Introduction In Kirwan v Connors & ors [2025] IESC 21, the Supreme Court of Ireland was asked to resolve a long-standing...
Kirwan v Connors & Ors: A Structured Test for Dismissing Proceedings for Want of Prosecution

Kirwan v Connors & Ors: A Structured Test for Dismissing Proceedings for Want of Prosecution

Date: May 31, 2025
Kirwan v Connors & Ors: A Structured Test for Dismissing Proceedings for Want of Prosecution 1. Introduction In Kirwan v Connors & Ors [2025] IESC 21, the Supreme Court of Ireland was invited to...
Evidence-Based Harmless Error Doctrine in Judicial Review of EU Law Assessments

Evidence-Based Harmless Error Doctrine in Judicial Review of EU Law Assessments

Date: May 31, 2025
Evidence-Based Harmless Error Doctrine in Judicial Review of EU Law Assessments Introduction Massey v An Bord Pleanála [No. 4] ([2025] IEHC 309) is the fourth chapter in a long-running High Court...
Affirming the Inherent Power to Search Lawfully Seized Vehicles Under Irish Law

Affirming the Inherent Power to Search Lawfully Seized Vehicles Under Irish Law

Date: May 31, 2025
Affirming the Inherent Power to Search Lawfully Seized Vehicles Under Irish Law Introduction Director of Public Prosecutions v Noonan ([2025] IESC 22) is a landmark Supreme Court decision clarifying...
Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test

Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test

Date: May 31, 2025
Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test Introduction This commentary examines the Supreme Court’s decision in Director of Public Prosecutions v....
Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21

Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21

Date: May 31, 2025
Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21 1. Introduction Kirwan v Connors & ors ([2025] IESC 21) is a landmark Supreme Court of Ireland decision...
Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out

Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out

Date: May 31, 2025
Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out Introduction Case Name: Kirwan v Connors & ors (Approved) [2025] IESC 21 (Supreme Court of Ireland) Date: 30 May...
Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review

Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review

Date: May 31, 2025
Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review 1. Introduction In Fahybeg Windfarm Opposition Group & Anor v An Bord Pleanála [2025] IEHC 310, the High Court...

    Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: 
    Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311

Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311

Date: May 31, 2025
Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311 Introduction Angela Heavey owns property adjacent to the...
The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove
            Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto

The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto

Date: May 31, 2025
The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto 1. Introduction In Gaultier v Four Judges of the Court of...
Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries

Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries

Date: May 30, 2025
Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries 1. Introduction Harrison v Commissioner of An Garda Síochána ([2025] IEHC 303) is a High Court judicial review...
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