Ireland Case Commentaries

Unreasonable Delay Justifies Vacating Lis Pendens: Promontoria (Finn) Ltd v Markham [2024] IEHC 201

Date: Apr 13, 2024

Unreasonable Delay Justifies Vacating Lis Pendens: Promontoria (Finn) Ltd v Markham [2024] IEHC 201 Introduction In the High Court of Ireland decision Promontoria (Finn) Limited v Thomas Markham...

Doran v Tailte Éireann [2024] IEHC 209: Reinforcing Strict Adherence to Judicial Review Time Limits

Date: Apr 13, 2024

Doran v Tailte Éireann [2024] IEHC 209: Reinforcing Strict Adherence to Judicial Review Time Limits Introduction Doran v Tailte Éireann ([2024] IEHC 209) is a significant judgment delivered by Mr....

Sherwin v An Bord Pleanála [2024] IESC 13: Pioneering Interpretation of Protected Structures and Judicial Standards for Development Plan Contraventions

Date: Apr 12, 2024

Sherwin v An Bord Pleanála [2024] IESC 13 Introduction The case of Sherwin v An Bord Pleanála ([2024] IESC 13) represents a landmark decision by the Supreme Court of Ireland, addressing critical...

Maher v Dublin City Council [2024]: DSA Levies Do Not Supersede Existing Mortgage Charges

Date: Apr 12, 2024

Maher v Dublin City Council [2024]: DSA Levies Do Not Supersede Existing Mortgage Charges Introduction Maher v Dublin City Council is a landmark decision delivered by the Supreme Court of Ireland on...

Strict Adherence to Time Limits in Judicial Review: McDonagh v Garda Síochána Ombudsman Commission [2024] IEHC 200

Date: Apr 12, 2024

Strict Adherence to Time Limits in Judicial Review: McDonagh v Garda Síochána Ombudsman Commission [2024] IEHC 200 Introduction In the landmark case of McDonagh v Garda Síochána Ombudsman Commission...

McHugh v Minister for the Environment: Establishing Precedence on Locus Standi and Statute of Limitations in Environmental Law

Date: Apr 12, 2024

McHugh v Minister for the Environment: Establishing Precedence on Locus Standi and Statute of Limitations in Environmental Law Introduction The case of Harry McHugh v Minister for the Environment,...

Dillon v Irish Life Assurance PLC: Clarifying Civil Actions Under PIAB and GDPR

Date: Apr 12, 2024

Dillon v Irish Life Assurance PLC: Clarifying Civil Actions Under PIAB and GDPR Introduction Dillon v Irish Life Assurance PLC ([2024] IEHC 203) is a pivotal judgment delivered by Mr. Justice Barry...

Overreaching of Statutory Derelict Sites Charge in Sale by Mortgagee

Date: Apr 12, 2024

Overreaching of Statutory Derelict Sites Charge in Sale by Mortgagee Introduction Maher v Dublin City Council (Approved) ([2024] IESC 14) is a landmark decision by the Supreme Court of Ireland that...

Establishing Legal Capacity for Enduring Power of Attorney: Insights from E.M. v M.M. [2024] IEHC 238

Date: Apr 12, 2024

Establishing Legal Capacity for Enduring Power of Attorney: Insights from E.M. v M.M. [2024] IEHC 238 Introduction The case of E.M. v M.M. ([2024] IEHC 238) adjudicated by the High Court of Ireland...

Comprehensive Commentary on Revenue Commissioners v Covidien Ltd [2024] IEHC 192

Date: Apr 12, 2024

Revenue Commissioners v Covidien Ltd [2024] IEHC 192: A Landmark Decision on VAT Deductibility Introduction The case of Revenue Commissioners v Covidien Ltd ([2024] IEHC 192) heard in the High Court...

Whole Development Considered Unauthorized Due to Material Deviations in High Court Judgment

Date: Apr 11, 2024

Whole Development Considered Unauthorized Due to Material Deviations in High Court Judgment Introduction The High Court of Ireland delivered a significant judgment on April 10, 2024, in the case of...

Affirming Section 54: Best Interests of the Child in Child and Family Agency & Ors v Adoption Authority of Ireland & Ors [2024] IEHC 227

Date: Apr 11, 2024

Affirming Section 54: Best Interests of the Child in Child and Family Agency & Ors v Adoption Authority of Ireland & Ors [2024] IEHC 227 Introduction The case of Child and Family Agency & Ors v...

Discharge from Wardship and Appointment of Decision-Making Representative under the Assisted Decision-Making Capacity Act 2015: A Comprehensive Commentary on Re A Ward [AK] (Approved) [2024] IEHC 237

Date: Apr 11, 2024

Discharge from Wardship and Appointment of Decision-Making Representative under the Assisted Decision-Making Capacity Act 2015 Introduction The High Court of Ireland delivered a significant judgment...

MD v The Board of Secondary School: Establishing Rigorous Standards for Interlocutory Injunctions in Educational Judicial Reviews

Date: Apr 11, 2024

MD v The Board of Secondary School: Establishing Rigorous Standards for Interlocutory Injunctions in Educational Judicial Reviews 1. Introduction The case of MD v The Board of Secondary School...

Discharge from Wardship and Appointment of Decision-Making Representative: Re A Ward [MS] [2024] IEHC 239

Date: Apr 11, 2024

Discharge from Wardship and Appointment of Decision-Making Representative: Re A Ward [MS] [2024] IEHC 239 Introduction Re A Ward [MS] (Approved) ([2024] IEHC 239) is a landmark judgment delivered by...

Reaffirming Judicial Review Standards: Insights from MD v The Board of Secondary School ([2024] IESC 11)

Date: Apr 11, 2024

Reaffirming Judicial Review Standards: Insights from MD v The Board of Secondary School ([2024] IESC 11) Introduction The case of MD v The Board of Secondary School (Approved) ([2024] IESC 11)...

Rigorous Standards for Injunctions in Commercial Agreement Breaches: Duddy v Propiteer [2024] IEHC 190

Date: Apr 10, 2024

Rigorous Standards for Injunctions in Commercial Agreement Breaches: Duddy v Propiteer [2024] IEHC 190 Introduction In the High Court of Ireland case Duddy Hospitality Ireland Holdings Ltd & Ors v...

Supreme Court of Ireland Upholds Judicial Council’s Personal Injury Guidelines: A New Constitutional Precedent

Date: Apr 10, 2024

Supreme Court of Ireland Upholds Judicial Council’s Personal Injury Guidelines: A New Constitutional Precedent Introduction The Supreme Court of Ireland, in the landmark case Delaney v The Personal...

Constitutional Validity of Mandatory Personal Injury Guidelines: Delaney v PIAB

Date: Apr 10, 2024

Constitutional Validity of Mandatory Personal Injury Guidelines: Delaney v PIAB Introduction The case of Delaney v The Personal Injuries Board & Ors (Approved) adjudicated by the Supreme Court of...

Supreme Court Upholds Separation of Powers: Judicial Council's Personal Injury Guidelines Require Legislative Approval

Date: Apr 10, 2024

Supreme Court Upholds Separation of Powers: Judicial Council's Personal Injury Guidelines Require Legislative Approval Introduction In the landmark case of Delaney v The Personal Injuries Board & Ors...