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  • Commentaries

Ireland Case Commentaries

“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation

“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation

Date: May 30, 2025
“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation 1. Introduction Fitzwilliam Loan Management Unlimited...
“Special Care as a Remedy of Last Resort” – An Analysis of JT (A Minor) v Child and Family Agency [2025] IEHC 316

“Special Care as a Remedy of Last Resort” – An Analysis of JT (A Minor) v Child and Family Agency [2025] IEHC 316

Date: May 30, 2025
“Special Care as a Remedy of Last Resort” – Judicial Review Boundaries Clarified in JT (A Minor) v Child and Family Agency [2025] IEHC 316 1. Introduction The High Court judgment delivered by Ms...
“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans (Commentary on Liqun v. Minister for Justice & Equality [2025] IEHC 352)

“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans (Commentary on Liqun v. Minister for Justice & Equality [2025] IEHC 352)

Date: May 29, 2025
“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans Commentary on Liqun v. Minister for Justice & Equality & Minister for Business, Enterprise...
Defendant’s Wrongdoing as Countervailing Factor in Delay Applications: Mullen v O'Brien & Anor ([2025] IEHC 302)

Defendant’s Wrongdoing as Countervailing Factor in Delay Applications: Mullen v O'Brien & Anor ([2025] IEHC 302)

Date: May 29, 2025
Defendant’s Wrongdoing as Countervailing Factor in Delay Applications Introduction Mullen v O'Brien & Anor ([2025] IEHC 302) is a High Court decision delivered by Mr Justice Barry O’Donnell on May...
Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd

Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd

Date: May 28, 2025
Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd 1. Introduction This commentary examines the High...
“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000

“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000

Date: May 28, 2025
“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000 Introduction Grall v Meath County Council ([2025] IEHC 318) is a sequel...
Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions

Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions

Date: May 27, 2025
Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions 1. Introduction In Scully v Coucal Ltd [2025]...
Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Date: May 27, 2025
Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast) Introduction This commentary examines the Supreme Court of Ireland’s landmark decision in Scully v...
Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Date: May 27, 2025
Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965 Introduction The Estate of Michael Joseph McNally [Deceased], Re ([2025] IEHC 299) is a High Court probate...
Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Date: May 24, 2025
Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296) Introduction This case concerns a dispute between Sunward Holdings Limited (“Sunward”), the...
Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Date: May 24, 2025
Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified Introduction This commentary examines the High Court’s decision in...
De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

Date: May 24, 2025
De Novo Review and Oral-Hearing Discretion in International Protection Appeals Introduction M.M.S. v International Protection Appeals Tribunal & Ors [2025] IEHC 294 is a High Court judgment of Mr...
Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Date: May 24, 2025
Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act Introduction In Pszonka v Residential Tenancies Board (Approved) [2025] IEHC 291,...
Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Date: May 23, 2025
Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289 1. Introduction In the High Court judgment of Howley v S & Ors ([2025] IEHC 289), Mr...
The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

Date: May 23, 2025
The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces Introduction Doran v Residential Tenancies Board [2025] IEHC 290 is a High Court decision delivered by...
Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Date: May 22, 2025
Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle Introduction In MA v RE ([2025] IEHC 341), Ms. Justice Nuala Jackson was asked, at an...
Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Date: May 22, 2025
Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings Introduction Minister for Justice and Equality v Puk ([2025] IEHC 295) concerned...
Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria)

Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria)

Date: May 21, 2025
Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria) Introduction Kehoe v Promontoria (Aran) Ltd & Anor [2025] IEHC 286 is a...
Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders

Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders

Date: May 21, 2025
Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders Introduction In Boulbet v SumUp Ltd ([2025] IEHC 285), Mr. Justice Nolan of the High Court of Ireland...
Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act

Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act

Date: May 20, 2025
Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act Introduction This commentary examines the High Court judgment in Protect East Meath Ltd...
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