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  • Commentaries

Ireland Case Commentaries

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...
Recognition of International Stepparent Adoption Orders Involving Commercial Surrogacy: A Comprehensive Analysis of Adoption Authority of Ireland v. C and D and the Attorney General ([2023] IESC 6)

Recognition of International Stepparent Adoption Orders Involving Commercial Surrogacy: A Comprehensive Analysis of Adoption Authority of Ireland v. C and D and the Attorney General ([2023] IESC 6)

Date: Mar 31, 2023
Recognition of International Stepparent Adoption Orders Involving Commercial Surrogacy: A Comprehensive Analysis of Adoption Authority of Ireland v. C and D and the Attorney General ([2023] IESC 6)...
Recognition of Foreign Stepparent Adoptions Involving Commercial Surrogacy Not Contrary to Public Policy – Supreme Court of Ireland

Recognition of Foreign Stepparent Adoptions Involving Commercial Surrogacy Not Contrary to Public Policy – Supreme Court of Ireland

Date: Mar 31, 2023
Recognition of Foreign Stepparent Adoptions Involving Commercial Surrogacy Not Contrary to Public Policy – Supreme Court of Ireland Introduction The Supreme Court of Ireland delivered a landmark...
Determining Bona Fides and Proper Purpose in Vacating Lis Pendens: Darcy v AIB PLC & Ors [2023] IEHC 162

Determining Bona Fides and Proper Purpose in Vacating Lis Pendens: Darcy v AIB PLC & Ors [2023] IEHC 162

Date: Mar 30, 2023
Determining Bona Fides and Proper Purpose in Vacating Lis Pendens: Darcy v AIB PLC & Ors [2023] IEHC 162 Introduction Darcy v AIB PLC & Ors [2023] IEHC 162 is a significant judgment delivered by Ms....
Establishing Remittal Jurisdiction in Light of Statutory Amendments and EU Law: Barford Holdings Ltd v Fingal County Council

Establishing Remittal Jurisdiction in Light of Statutory Amendments and EU Law: Barford Holdings Ltd v Fingal County Council

Date: Mar 30, 2023
Establishing Remittal Jurisdiction in Light of Statutory Amendments and EU Law Barford Holdings Ltd v Fingal County Council (2023) IEHC 161 Introduction The case of Barford Holdings Ltd v Fingal...
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