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  • Commentaries

Ireland Case Commentaries

High Court Establishes Rigorous Standards for Dismissal Applications in Accord and Satisfaction Disputes

High Court Establishes Rigorous Standards for Dismissal Applications in Accord and Satisfaction Disputes

Date: Apr 14, 2023
High Court Establishes Rigorous Standards for Dismissal Applications in Accord and Satisfaction Disputes Introduction The case of Berrill & Ors v Kenmare Property Finance DAC (Approved) ([2023] IEHC...
Burke v The Governor of Cloverhill Prison: Upholding the Right to a Fair Detention Inquiry

Burke v The Governor of Cloverhill Prison: Upholding the Right to a Fair Detention Inquiry

Date: Apr 13, 2023
Burke v The Governor of Cloverhill Prison: Upholding the Right to a Fair Detention Inquiry Introduction Burke v The Governor of Cloverhill Prison (Approved) ([2023] IEHC 177) is a significant case...
Supreme Court of Ireland Grants Leave to Appeal in DPP v. C.P.: Implications for Access to Trial Transcripts and Appeal Procedures

Supreme Court of Ireland Grants Leave to Appeal in DPP v. C.P.: Implications for Access to Trial Transcripts and Appeal Procedures

Date: Apr 6, 2023
Supreme Court of Ireland Grants Leave to Appeal in DPP v. C.P.: Implications for Access to Trial Transcripts and Appeal Procedures Introduction The case of The People at The Suit of The Director of...
AA v The Minister for Children & Ors: High Court Upholds Ministerial Decision on Accommodation Transfer

AA v The Minister for Children & Ors: High Court Upholds Ministerial Decision on Accommodation Transfer

Date: Apr 4, 2023
AA v The Minister for Children & Ors: High Court Upholds Ministerial Decision on Accommodation Transfer Introduction In the case of AA v The Minister for Children & Ors (Approved) ([2023] IEHC 208),...
Inordinate Delay and Its Consequences in Civil Litigation: A Comprehensive Analysis of Conan v Sherry Fitzgerald (Commercial) Ltd [2023] IEHC 170

Inordinate Delay and Its Consequences in Civil Litigation: A Comprehensive Analysis of Conan v Sherry Fitzgerald (Commercial) Ltd [2023] IEHC 170

Date: Apr 1, 2023
Inordinate Delay and Its Consequences in Civil Litigation: A Comprehensive Analysis of Conan v Sherry Fitzgerald (Commercial) Ltd [2023] IEHC 170 Introduction The case of Mark Conan (Plaintiff)...
Lohan v Hatton [2023] IEHC 156: Remittance of Summary Proceedings Due to Factual Disputes and Cost Adjudication

Lohan v Hatton [2023] IEHC 156: Remittance of Summary Proceedings Due to Factual Disputes and Cost Adjudication

Date: Apr 1, 2023
Lohan v Hatton [2023] IEHC 156: Remittance of Summary Proceedings Due to Factual Disputes and Cost Adjudication Introduction Lohan v Hatton ([2023] IEHC 156) is a significant judgment delivered by...
Clarifying the Standards for Interlocutory Injunctive Relief in Receivership Matters: O'Brien v Murphy & Anor [2023] IEHC 167

Clarifying the Standards for Interlocutory Injunctive Relief in Receivership Matters: O'Brien v Murphy & Anor [2023] IEHC 167

Date: Apr 1, 2023
Clarifying the Standards for Interlocutory Injunctive Relief in Receivership Matters: O'Brien v Murphy & Anor [2023] IEHC 167 Introduction The case of O'Brien v Murphy & Anor (Approved) [2023] IEHC...
Strict Criteria for Leapfrog Appeals to the Supreme Court: Analysis of X.Y v. Tusla Child and Family Agency

Strict Criteria for Leapfrog Appeals to the Supreme Court: Analysis of X.Y v. Tusla Child and Family Agency

Date: Apr 1, 2023
Strict Criteria for Leapfrog Appeals to the Supreme Court: Analysis of X.Y v. Tusla Child and Family Agency Introduction X.Y v. Tusla Child and Family Agency is a significant case decided by the...
Heneghan v. Minister for Housing: Extending the Seanad University Franchise

Heneghan v. Minister for Housing: Extending the Seanad University Franchise

Date: Apr 1, 2023
Heneghan v. Minister for Housing: Extending the Seanad University Franchise Introduction The case Heneghan v. Minister for Housing, Planning & Local Government & ors ([2023] IESC 7) adjudicated by...
Heneghan v. Minister for Housing et al.: Supreme Court Enforces Duty to Expand Seanad University Electorate

Heneghan v. Minister for Housing et al.: Supreme Court Enforces Duty to Expand Seanad University Electorate

Date: Apr 1, 2023
Heneghan v. Minister for Housing et al.: Supreme Court Enforces Duty to Expand Seanad University Electorate Introduction The landmark case of Heneghan v. Minister for Housing, Planning & Local...
Interlocutory Injunctions and Fraud Claims: Insights from Gaynor v McDonald [2023] IEHC 166

Interlocutory Injunctions and Fraud Claims: Insights from Gaynor v McDonald [2023] IEHC 166

Date: Apr 1, 2023
Interlocutory Injunctions and Fraud Claims: Insights from Gaynor v McDonald [2023] IEHC 166 Introduction The case of Gaynor v McDonald (Approved) [2023] IEHC 166 was adjudicated in the High Court of...
Micks-Wallace v Dunne & Anor (Approved) [2023] IEHC 169: Jurisdictional Boundaries under Brussels Recast

Micks-Wallace v Dunne & Anor (Approved) [2023] IEHC 169: Jurisdictional Boundaries under Brussels Recast

Date: Apr 1, 2023
Micks-Wallace v Dunne & Anor (Approved) [2023] IEHC 169: Jurisdictional Boundaries under Brussels Recast Introduction The case of Micks-Wallace v Dunne & Anor (Approved) ([2023] IEHC 169) was...
Gardaí Obligations in Intoxicated Driving Cases: An Analysis of Director of Public Prosecutions v Tobin [2023] IEHC 260

Gardaí Obligations in Intoxicated Driving Cases: An Analysis of Director of Public Prosecutions v Tobin [2023] IEHC 260

Date: Apr 1, 2023
Gardaí Obligations in Intoxicated Driving Cases: An Analysis of Director of Public Prosecutions v Tobin [2023] IEHC 260 Introduction The case of Director of Public Prosecutions v Tobin (Approved)...
Clarifying Specimen Provision Obligations in Road Traffic Law: High Court Upholds Conviction in Casserly v DPP

Clarifying Specimen Provision Obligations in Road Traffic Law: High Court Upholds Conviction in Casserly v DPP

Date: Apr 1, 2023
Clarifying Specimen Provision Obligations in Road Traffic Law: High Court Upholds Conviction in Casserly v DPP Introduction The case of Casserly v The Director of Public Prosecutions (Approved)...
Proper Assessment and Detailing in Planning Permissions: A New Precedent from Shadowmill Ltd v An Bord Pleanála [2023] IEHC 157

Proper Assessment and Detailing in Planning Permissions: A New Precedent from Shadowmill Ltd v An Bord Pleanála [2023] IEHC 157

Date: Apr 1, 2023
Proper Assessment and Detailing in Planning Permissions: A New Precedent from Shadowmill Ltd v An Bord Pleanála [2023] IEHC 157 Introduction The Shadowmill Ltd v An Bord Pleanála & Ors decision,...
“Féadfar” Is Not “Must”: The Seventh Amendment, Judicial Limits, and the State’s Duty to Respond to a Referendum (Heneghan v Minister for Housing [2023] IESC 7)

“Féadfar” Is Not “Must”: The Seventh Amendment, Judicial Limits, and the State’s Duty to Respond to a Referendum (Heneghan v Minister for Housing [2023] IESC 7)

Date: Apr 1, 2023
“Féadfar” Is Not “Must”: The Seventh Amendment, Judicial Limits, and the State’s Duty to Respond to a Referendum Commentary on Heneghan v Minister for Housing, Planning and Local Government & Ors...
Unknown-Unknowns and Fair Trial Rights: The Supreme Court’s Materiality/Lost‑Chance Test for Uncollected “Recent Complaint” Evidence

Unknown-Unknowns and Fair Trial Rights: The Supreme Court’s Materiality/Lost‑Chance Test for Uncollected “Recent Complaint” Evidence

Date: Mar 31, 2023
Unknown-Unknowns and Fair Trial Rights: The Supreme Court’s Materiality/Lost‑Chance Test for Uncollected “Recent Complaint” Evidence Introduction In The People (at the suit of the Director of Public...
High Court Upholds Plaintiff's Action Amidst Prolonged Litigation: Dooley v Patterson Bannon Architects Ltd & Ors [2023] IEHC 163

High Court Upholds Plaintiff's Action Amidst Prolonged Litigation: Dooley v Patterson Bannon Architects Ltd & Ors [2023] IEHC 163

Date: Mar 31, 2023
High Court Upholds Plaintiff's Action Amidst Prolonged Litigation: Dooley v Patterson Bannon Architects Ltd & Ors [2023] IEHC 163 Introduction The case of Dooley v Patterson Bannon Architects Ltd &...
High Court Affirms Disciplinary Sanctions in Law Society of Ireland v. Walsh

High Court Affirms Disciplinary Sanctions in Law Society of Ireland v. Walsh

Date: Mar 31, 2023
High Court Affirms Disciplinary Sanctions in Law Society of Ireland v. Walsh Introduction The case of Law Society of Ireland v. Walsh ([2023] IEHC 165) represents a significant affirmation of the...
Balancing Delay and Justice: High Court of Ireland Refuses Strike-Out in Dooley v Clancy Construction

Balancing Delay and Justice: High Court of Ireland Refuses Strike-Out in Dooley v Clancy Construction

Date: Mar 31, 2023
Balancing Delay and Justice: High Court of Ireland Refuses Strike-Out in Dooley v Clancy Construction Introduction In the case of Dooley v Clancy Project Management LTD T/A Clancy Construction & Anor...
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