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  • Commentaries

Ireland Case Commentaries

Failure to Consider Material Considerations: Solan v An Bord Pleanála [2023] IEHC 58

Failure to Consider Material Considerations: Solan v An Bord Pleanála [2023] IEHC 58

Date: Feb 4, 2023
Failure to Consider Material Considerations: Solan v An Bord Pleanála [2023] IEHC 58 Introduction The case of Gary Solan v An Bord Pleanála ([2023] IEHC 58) marks a significant judicial review in the...
Judicial Review in Mental Health Services: Affirming HSE's Discretion and Continuing Duty Under the Health Act 2004

Judicial Review in Mental Health Services: Affirming HSE's Discretion and Continuing Duty Under the Health Act 2004

Date: Feb 3, 2023
Judicial Review in Mental Health Services: Affirming HSE's Discretion and Continuing Duty Under the Health Act 2004 Introduction The High Court of Ireland delivered a pivotal judgment on February 2,...
Surrender Under the European Arrest Warrant Act: Supreme Court Sets Clarifying Precedents

Surrender Under the European Arrest Warrant Act: Supreme Court Sets Clarifying Precedents

Date: Feb 3, 2023
Surrender Under the European Arrest Warrant Act: Supreme Court Sets Clarifying Precedents Introduction The Supreme Court of Ireland recently delivered a pivotal decision in the case of The Minister...
Proper Weighting of Medico-Legal Evidence in Asylum Claims: Insights from A.S v International Protection Appeals Tribunal & Anor ([2023] IEHC 53)

Proper Weighting of Medico-Legal Evidence in Asylum Claims: Insights from A.S v International Protection Appeals Tribunal & Anor ([2023] IEHC 53)

Date: Feb 3, 2023
Proper Weighting of Medico-Legal Evidence in Asylum Claims: Insights from A.S v International Protection Appeals Tribunal & Anor ([2023] IEHC 53) Introduction The case of A.S v International...
Enforcing "No Foal, No Fee" Agreements: Insights from Microclean Environmental Ltd v Bradley & Anor

Enforcing "No Foal, No Fee" Agreements: Insights from Microclean Environmental Ltd v Bradley & Anor

Date: Feb 3, 2023
Enforcing "No Foal, No Fee" Agreements: Insights from Microclean Environmental Ltd v Bradley & Anor Introduction Microclean Environmental Ltd v Bradley & Anor ([2023] IEHC 52) is a significant...
Clarifying Mootness in Supreme Court Appeals: Insights from Odum & Ors v Minister for Justice & Equality [2023] IESC 3

Clarifying Mootness in Supreme Court Appeals: Insights from Odum & Ors v Minister for Justice & Equality [2023] IESC 3

Date: Feb 3, 2023
Clarifying Mootness in Supreme Court Appeals: Insights from Odum & Ors v Minister for Justice & Equality [2023] IESC 3 Introduction The case of Odum & Ors v Minister for Justice & Equality ([2023]...
Supreme Court Establishes Clarity in Immigration Law: Middelkamp v Minister for Justice & Equality & IHREC ([2023] IESC 2)

Supreme Court Establishes Clarity in Immigration Law: Middelkamp v Minister for Justice & Equality & IHREC ([2023] IESC 2)

Date: Feb 2, 2023
Supreme Court Establishes Clarity in Immigration Law: Middelkamp v Minister for Justice & Equality & IHREC ([2023] IESC 2 Introduction The case of Jamiee Middelkamp v Minister for Justice and...
Retention of Residence Rights Post-Divorce: I.T. v Minister for Justice [2023] IEHC 40

Retention of Residence Rights Post-Divorce: I.T. v Minister for Justice [2023] IEHC 40

Date: Feb 2, 2023
Retention of Residence Rights Post-Divorce: I.T. v Minister for Justice [2023] IEHC 40 Introduction The case of I.T. v Minister for Justice ([2023] IEHC 40) examines the intricate interplay between...
Strict Adherence to Leave to Appeal Criteria: Carroll v. Residential Tenancies Board

Strict Adherence to Leave to Appeal Criteria: Carroll v. Residential Tenancies Board

Date: Feb 1, 2023
Strict Adherence to Leave to Appeal Criteria: Carroll v. Residential Tenancies Board Introduction The case of Reginald Carroll v. Residential Tenancies Board ([2023] IESCDET 12) serves as a pivotal...
Enhancing Judicial Efficiency: Active Case Management in Wilson's Hospital School v Burke

Enhancing Judicial Efficiency: Active Case Management in Wilson's Hospital School v Burke

Date: Feb 1, 2023
Enhancing Judicial Efficiency: Active Case Management in Wilson's Hospital School v Burke Introduction Board of Management of Wilson's Hospital School v Burke (Approved) ([2023] IEHC 41) is a...
Affirmation of 'Costs Follow the Event' and Interpretation of Section 169(1) of the Legal Services Regulation Act 2015 in THE HEALTH SERVICE EXECUTIVE v ROFTEK LIMITED [2023] IEHC 42

Affirmation of 'Costs Follow the Event' and Interpretation of Section 169(1) of the Legal Services Regulation Act 2015 in THE HEALTH SERVICE EXECUTIVE v ROFTEK LIMITED [2023] IEHC 42

Date: Feb 1, 2023
Affirmation of 'Costs Follow the Event' and Interpretation of Section 169(1) of the Legal Services Regulation Act 2015 in THE HEALTH SERVICE EXECUTIVE v ROFTEK LIMITED [2023] IEHC 42 Introduction The...
Supreme Court Upholds Denial of Leave to Appeal in Sheridan v. Allied Irish Banks PLC: Establishing Standards for Granting Leave

Supreme Court Upholds Denial of Leave to Appeal in Sheridan v. Allied Irish Banks PLC: Establishing Standards for Granting Leave

Date: Jan 31, 2023
Supreme Court Upholds Denial of Leave to Appeal in Sheridan v. Allied Irish Banks PLC: Establishing Standards for Granting Leave Introduction In the landmark case John Sheridan v. Allied Irish Banks...
Supreme Court Upholds Res Judicata and Henderson v. Henderson in Denying Leave to Appeal: Sheridan v. Emerald Contract Cleaners Ltd

Supreme Court Upholds Res Judicata and Henderson v. Henderson in Denying Leave to Appeal: Sheridan v. Emerald Contract Cleaners Ltd

Date: Jan 31, 2023
Supreme Court Upholds Res Judicata and Henderson v. Henderson in Denying Leave to Appeal: Sheridan v. Emerald Contract Cleaners Ltd Introduction The case of John Sheridan v. Emerald Contract Cleaners...
Supreme Court Upholds Balancing Test in Prosecutorial Delay: Furlong v. DPP

Supreme Court Upholds Balancing Test in Prosecutorial Delay: Furlong v. DPP

Date: Jan 31, 2023
Supreme Court Upholds Balancing Test in Prosecutorial Delay: Furlong v. DPP Introduction Sean Furlong v. The Director of Public Prosecutions (2023_IESCDET_8) is a pivotal case adjudicated by the...
Exceptional Jurisdiction to Set Aside Final Judgments: Insights from Start Mortgages dac v Kavanagh & anor [2023] IEHC 37

Exceptional Jurisdiction to Set Aside Final Judgments: Insights from Start Mortgages dac v Kavanagh & anor [2023] IEHC 37

Date: Jan 31, 2023
Exceptional Jurisdiction to Set Aside Final Judgments: Insights from Start Mortgages dac v Kavanagh & anor [2023] IEHC 37 Introduction The case of Start Mortgages dac v Kavanagh & anor ([2023] IEHC...
Admissibility of Psychological Evidence in Criminal Trials: Insights from The People v. B.K. (2023)

Admissibility of Psychological Evidence in Criminal Trials: Insights from The People v. B.K. (2023)

Date: Jan 31, 2023
Admissibility of Psychological Evidence in Criminal Trials: Insights from The People v. B.K. (2023) Introduction The Supreme Court of Ireland, in the case of The People (at the Suit of The Director...
Amending Court Orders: Insights from Dowling & Ors v Ireland & Ors [2023] IEHC 38

Amending Court Orders: Insights from Dowling & Ors v Ireland & Ors [2023] IEHC 38

Date: Jan 28, 2023
Amending Court Orders: Insights from Dowling & Ors v Ireland & Ors [2023] IEHC 38 Introduction Dowling & Ors v Ireland & Ors [2023] IEHC 38 is a significant judgment delivered by Mr. Justice Garrett...
Sherwin v An Bord Pleanála: High Court Landmark on Protection of Historical Structures

Sherwin v An Bord Pleanála: High Court Landmark on Protection of Historical Structures

Date: Jan 28, 2023
Sherwin v An Bord Pleanála: High Court Landmark on Protection of Historical Structures Introduction The case Sherwin v An Bord Pleanála ([2023] IEHC 26) represents a significant judicial review in...
Coughlan & Anor v O'Brien & Ors: Clarifying the Scope of Receiver Appointments under the Registration of Title Act 1964

Coughlan & Anor v O'Brien & Ors: Clarifying the Scope of Receiver Appointments under the Registration of Title Act 1964

Date: Jan 28, 2023
Coughlan & Anor v O'Brien & Ors: Clarifying the Scope of Receiver Appointments under the Registration of Title Act 1964 Introduction The High Court of Ireland delivered its judgment in the case of...
Imposition of Daily Fines for Civil Contempt: Insights from The Board of Management of Wilson's Hospital School v Burke [2023] IEHC 36

Imposition of Daily Fines for Civil Contempt: Insights from The Board of Management of Wilson's Hospital School v Burke [2023] IEHC 36

Date: Jan 27, 2023
Imposition of Daily Fines for Civil Contempt: Insights from The Board of Management of Wilson's Hospital School v Burke [2023] IEHC 36 Introduction The case of The Board of Management of Wilson's...
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