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  • Commentaries

Ireland Case Commentaries

Contractual Estoppel from Settlement Recitals Bars Post‑Settlement Challenges to Mortgagee’s Power of Sale: Donlon & Anor v Promontoria (Aran) Ltd [2025] IEHC 568

Contractual Estoppel from Settlement Recitals Bars Post‑Settlement Challenges to Mortgagee’s Power of Sale: Donlon & Anor v Promontoria (Aran) Ltd [2025] IEHC 568

Date: Nov 4, 2025
Contractual Estoppel from Settlement Recitals Bars Post‑Settlement Challenges to Mortgagee’s Power of Sale Commentary on Donlon & Anor v Promontoria (Aran) Ltd & Ors [2025] IEHC 568 (High Court,...
“Necessary in the Interests of Justice”: Supreme Court sets the framework for non‑party access to court audio records, notice to victims, and limits on dissemination — Smith v DPP (Supreme Court, 30 Oct 2025)

“Necessary in the Interests of Justice”: Supreme Court sets the framework for non‑party access to court audio records, notice to victims, and limits on dissemination — Smith v DPP (Supreme Court, 30 Oct 2025)

Date: Nov 4, 2025
“Necessary in the Interests of Justice”: Supreme Court sets the framework for non‑party access to court audio records, notice to victims, and limits on dissemination — Smith v DPP (30 October 2025)...
Smith v DPP [2025] IESC 42: Conditional, Purpose‑Limited Access to Court Audio and Transcripts under Order 123—No “Direct Line” from Open Justice to Record Access

Smith v DPP [2025] IESC 42: Conditional, Purpose‑Limited Access to Court Audio and Transcripts under Order 123—No “Direct Line” from Open Justice to Record Access

Date: Nov 4, 2025
Smith v The Director of Public Prosecutions [2025] IESC 42: Conditional, Purpose‑Limited Access to Court Audio and Transcripts under Order 123—No “Direct Line” from Open Justice to Record Access...
High Court’s Continuing Jurisdiction Over Child Arrangement Orders Despite Consent to District Court Variation – Commentary on R.N. v J.K. [2025] IEHC 688

High Court’s Continuing Jurisdiction Over Child Arrangement Orders Despite Consent to District Court Variation – Commentary on R.N. v J.K. [2025] IEHC 688

Date: Nov 4, 2025
High Court’s Continuing Jurisdiction Over Child Arrangement Orders Despite Consent to District Court Variation 1. Introduction This commentary examines the decision of the High Court of Ireland...

      Late-stage amendments adding new professional negligence claims refused absent expert evidence and where limitation and prejudice concerns arise: Lunney v Canny [2025] IEHC 592

Late-stage amendments adding new professional negligence claims refused absent expert evidence and where limitation and prejudice concerns arise: Lunney v Canny [2025] IEHC 592

Date: Nov 1, 2025
Late-stage amendments adding new professional negligence claims refused absent expert evidence and where limitation and prejudice concerns arise Introduction In Lunney & Anor v Canny & Anor...
Judicial Economy, Preliminary Issues and Pathfinder Litigation: Commentary on Meta Platforms Ireland Ltd v Data Protection Commissioner [2025] IEHC 631

Judicial Economy, Preliminary Issues and Pathfinder Litigation: Commentary on Meta Platforms Ireland Ltd v Data Protection Commissioner [2025] IEHC 631

Date: Nov 1, 2025
Judicial Economy, Preliminary Issues and the Limits of Pathfinder Litigation: Meta Platforms Ireland Ltd v Data Protection Commissioner [2025] IEHC 631 1. Introduction The decision in Meta Platforms...
Doyle v Minister for Public Expenditure and Reform [2025] IEHC 652: Primacy of Contemporaneous Medical Evidence in Proving Causation for Degenerative Spinal Conditions under the Garda Compensation Acts

Doyle v Minister for Public Expenditure and Reform [2025] IEHC 652: Primacy of Contemporaneous Medical Evidence in Proving Causation for Degenerative Spinal Conditions under the Garda Compensation Acts

Date: Nov 1, 2025
Doyle v Minister for Public Expenditure and Reform [2025] IEHC 652: Primacy of Contemporaneous Medical Evidence in Proving Causation for Degenerative Spinal Conditions under the Garda Compensation...
R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default

R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default

Date: Oct 31, 2025
R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default Case: R v L (Approved)...
No Implied Revocation of Stand‑Alone Temporary Permissions and Their Effect on “Undocumented” Status under the 2022 Regularisation Scheme – Commentary on MSB v Minister for Justice [2025] IEHC 566

No Implied Revocation of Stand‑Alone Temporary Permissions and Their Effect on “Undocumented” Status under the 2022 Regularisation Scheme – Commentary on MSB v Minister for Justice [2025] IEHC 566

Date: Oct 31, 2025
No Implied Revocation of Stand‑Alone Temporary Permissions and Their Effect on “Undocumented” Status under the 2022 Regularisation Scheme Commentary on MSB v The Minister for Justice [2025] IEHC 566...
No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

Date: Oct 30, 2025
No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561 Court: High Court of...
Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Date: Oct 30, 2025
Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation...
State Consent to Termination of Pregnancy for an Incapacitated Minor under Article 42A and Section 9 of the 2018 Act: Commentary on DE (A Minor) [2025] IEHC 604

State Consent to Termination of Pregnancy for an Incapacitated Minor under Article 42A and Section 9 of the 2018 Act: Commentary on DE (A Minor) [2025] IEHC 604

Date: Oct 30, 2025
State Consent to Termination of Pregnancy for an Incapacitated Minor under Article 42A and Section 9 of the 2018 Act: Commentary on DE (A Minor) [2025] IEHC 604 1. Introduction 1.1. The case in...
Abuse of Process Precludes Public‑Interest Costs Relief: Commentary on Browne v Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553

Abuse of Process Precludes Public‑Interest Costs Relief: Commentary on Browne v Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553

Date: Oct 29, 2025
Abuse of Process Precludes Public‑Interest Costs Relief: Browne v The Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553 Introduction This High Court costs judgment, delivered by...
Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary

Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary

Date: Oct 29, 2025
Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary Introduction In Allied Irish Banks plc v The Dragon’s Head Ltd...
Clarifying the Threshold for Pre‑Action Inspection under s.12 PIAB Act 2003: Commentary on M v T [2025] IEHC 623

Clarifying the Threshold for Pre‑Action Inspection under s.12 PIAB Act 2003: Commentary on M v T [2025] IEHC 623

Date: Oct 29, 2025
Clarifying the Threshold for Pre‑Action Inspection under s.12 of the Personal Injuries Assessment Board Act 2003: Commentary on M v T [2025] IEHC 623 1. Introduction This commentary examines the...
Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker

Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker

Date: Oct 25, 2025
Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker Case: Y.A.M v International Protection Appeals Tribunal & Ors [2025] IEHC 596...
Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception (F.A.A. v Minister for Justice [2025] IEHC 614)

Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception (F.A.A. v Minister for Justice [2025] IEHC 614)

Date: Oct 25, 2025
Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception Case Note on F.A.A. v Minister for Justice [2025] IEHC 614 (High Court of Ireland, 24...
Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v IPAT & Minister [2025] IEHC 578

Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v IPAT & Minister [2025] IEHC 578

Date: Oct 24, 2025
Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v International Protection Appeals Tribunal & Minister...

        AR v Minister for Justice [2025] IEHC 552:
        Limiting Luximon and Confirming Deferred Assessment of Private‑Life Rights
        for Unlawfully Present Migrants

AR v Minister for Justice [2025] IEHC 552: Limiting Luximon and Confirming Deferred Assessment of Private‑Life Rights for Unlawfully Present Migrants

Date: Oct 24, 2025
AR v Minister for Justice [2025] IEHC 552: Limiting Luximon and Confirming Deferred Assessment of Private‑Life Rights for Unlawfully Present Migrants 1. Introduction This High Court judgment of...
Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision

Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision

Date: Oct 24, 2025
Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision Introduction This...
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