Ireland Case Commentaries

Section 60 Interim Suspension for Non-Disclosure of Foreign Fitness-to-Practise Proceedings and Alleged Dishonesty

Date: Jul 2, 2026

Section 60 Interim Suspension for Non-Disclosure of Foreign Fitness-to-Practise Proceedings and Alleged Dishonesty 1) Introduction In Health and Social Care Professionals Council v XW [2026] IEHC...

Relevance and Necessity as the Governing Test for Further Vouching (HC51) and Case-Managed Disclosure in Affidavit of Means Litigation

Date: Jul 2, 2026

Relevance and Necessity as the Governing Test for Further Vouching (HC51) and Case-Managed Disclosure in Affidavit of Means Litigation 1. Introduction A.M.D. v B.D. (Affidavit of Means; vouching;...

“Costs of the adjudication” include the 8% adjudication court fee; adjudicators cannot reopen Section D allowances post-determination despite an un-beaten tender

Date: Jul 2, 2026

“Costs of the adjudication” include the 8% adjudication court fee; adjudicators cannot reopen Section D allowances post-determination despite an un-beaten tender Case: Melia v Health Service...

Section 60 Interim Suspension for Public Protection: Strong Case + Likely Serious Sanction, with Limited Weight to Livelihood Where No Irish Practice is Evidenced

Date: Jul 2, 2026

Section 60 Interim Suspension for Public Protection: Strong Case + Likely Serious Sanction, with Limited Weight to Livelihood Where No Irish Practice is Evidenced 1) Introduction In The Health And...

Section 819 Restriction Requires Proof of Insolvency (Not Merely a Creditors’ Voluntary Liquidation) and Disqualification Demands Proven Unfitness Beyond Passive Acquiescence

Date: Jul 1, 2026

Section 819 Restriction Requires Proof of Insolvency (Not Merely a Creditors’ Voluntary Liquidation) and Disqualification Demands Proven Unfitness Beyond Passive Acquiescence 1) Introduction In...

RCR Category 2 Requires a Positive, Very-High-Confidence Finding of Benignity: Persistence and Developing Microcalcifications Can Mandate Recall

Date: Jul 1, 2026

RCR Category 2 Requires a Positive, Very-High-Confidence Finding of Benignity: Persistence and Developing Microcalcifications Can Mandate Recall Case: McSweeney v Health Service Executive (Approved)...

Presumption of Advancement Sustains Adult Children’s Remainder Interest Despite Resulting Trust: Life-Interest Valuation on Court-Ordered Sale

Date: Jul 1, 2026

Presumption of Advancement Sustains Adult Children’s Remainder Interest Despite Resulting Trust: Life-Interest Valuation on Court-Ordered Sale Case: A.A. v C.B. and Ors (Beneficial Interest;...

Article 83 GDPR Fines: Parent-Group Turnover, Defence Rights and Aggregation—Irish High Court Refers Key Questions to the CJEU

Date: Jul 1, 2026

Article 83 GDPR Fines: Parent-Group Turnover, Defence Rights and Aggregation—Irish High Court Refers Key Questions to the CJEU 1) Introduction In TikTok Technology Ltd and Anor v Data Protection...

Leave to Appeal in Planning JR: Proposed Questions Must Properly Arise from Pleadings, Record and Findings (Friends of the Irish Environment v An Coimisiún Pleanála [No. 2])

Date: Jun 27, 2026

Leave to Appeal in Planning JR: Proposed Questions Must Properly Arise from Pleadings, the Administrative Record and the Trial Court’s Findings Case Friends of the Irish Environment v An Coimisiún...

Respite-Cost Vouching Not Required and Compensatory Payments for Missed Access in Section 37 Family Appeals

Date: Jun 27, 2026

Respite-Cost Vouching Not Required and Compensatory Payments for Missed Access in Section 37 Family Appeals Case: L.M. v N.O. (Circuit Court Appeal, ancillary orders, vouching) (Approved) Citation:...

Material Contravention on Appeal: No Implied “Exceptional Reasons” Test, and SEA Does Not Regulate Project-Level Departures from SEA-Assessed Plans

Date: Jun 27, 2026

Material Contravention on Appeal: No Implied “Exceptional Reasons” Test, and SEA Does Not Regulate Project-Level Departures from SEA-Assessed Plans Case: Kimmage Dublin Residents Alliance Company Ltd...

Development Plan Objectives Are Enabling, Not Prohibitory: Interpreting “Rural Enterprise” and “Dependent on Locality” under Objective EDO 54

Date: Jun 27, 2026

Development Plan Objectives Are Enabling, Not Prohibitory: Interpreting “Rural Enterprise” and “Dependent on Locality” under Objective EDO 54 Case: Rocket Pyrotechnics (Ireland) Ltd v An Coimisiun...

Section 160 PDA 2000: Performance Bonds, Detailed Method Statements, and Conditional Surrender of Possession as Tools of Mandatory Remediation

Date: Jun 27, 2026

Section 160 PDA 2000: Performance Bonds, Detailed Method Statements, and Conditional Surrender of Possession as Tools of Mandatory Remediation 1) Introduction This decision of the High Court...

Interrogatories in s.56 Family Reunification Delay Challenges: “Security checks” must be concretised where relied upon to justify prolonged delay

Date: Jun 27, 2026

Interrogatories in s.56 Family Reunification Delay Challenges: “Security checks” must be concretised where relied upon to justify prolonged delay Case: S.M. v The Minister For Justice, Home Affairs...

Deportation and Trial-in-Absentia in European Arrest Warrants: “Unequivocal” Knowledge Cannot Be Inferred from Deemed Notice to Lawyers

Date: Jun 25, 2026

Deportation and Trial-in-Absentia in European Arrest Warrants: “Unequivocal” Knowledge Cannot Be Inferred from Deemed Notice to Lawyers Court: High Court of Ireland | Citation: [2026] IEHC 405 |...

Irish Champerty Clarified: Debt-Recovery Percentage Fees and “No Foal, No Fee” Retainers Upheld (and Champerty Confirmed as a Defence)

Date: Jun 23, 2026

Irish Champerty Clarified: Debt-Recovery Percentage Fees and “No Foal, No Fee” Retainers Upheld (and Champerty Confirmed as a Defence) 1. Introduction Howley v McClean; Howley v. Howard (Approved)...

Separate Constitutional Right-to-Life Analysis Required in s.3(11) Deportation Revocation Where Suicide Risk is Raised

Date: Jun 23, 2026

Separate Constitutional Right-to-Life Analysis Required in s.3(11) Deportation Revocation Where Suicide Risk is Raised 1. Introduction In J.K. and Ors v The Minister For Justice, Home Affairs and...

Material Contravention Requires Explicit Engagement: Playground Standards and the Commission’s Autonomous Duty to Protect Future Residents’ Amenity

Date: Jun 23, 2026

Material Contravention Requires Explicit Engagement: Playground Standards and the Commission’s Autonomous Duty to Protect Future Residents’ Amenity 1) Introduction In Abbey Park and District...

Interlocutory Relief Challenging Registered Title: Strong Evidence of Fraud/Mistake Required; Damages and Delay Defeat Equitable Relief

Date: Jun 23, 2026

Interlocutory Relief Challenging Registered Title: Strong Evidence of Fraud/Mistake Required; Damages and Delay Defeat Equitable Relief 1. Introduction In Barrington v Attorney General & Ors [2026]...

Voluntary Post‑Proceedings MARP Engagement Does Not Bar Possession Absent a Code‑Mandated Moratorium or Provision 59 Alternative Repayment Arrangement

Date: Jun 23, 2026

Voluntary Post‑Proceedings MARP Engagement Does Not Bar Possession Absent a Code‑Mandated Moratorium or Provision 59 Alternative Repayment Arrangement Court: High Court of Ireland (Circuit Appeal)...