Ireland Case Commentaries

Discharge from Wardship and Appointment of Decision-Making Representative: Establishing New Protocols under the Assisted Decision-Making (Capacity) Act 2015

Date: Feb 22, 2024

Discharge from Wardship and Appointment of Decision-Making Representative: Establishing New Protocols under the Assisted Decision-Making (Capacity) Act 2015 Introduction The case of In Re A Ward:...

Clarifying the Test for Employment Prospects in Deportation Orders: E.M. v The Minister for Justice and Equality [2024] IESC 3

Date: Feb 22, 2024

Clarifying the Test for Employment Prospects in Deportation Orders: E.M. v The Minister for Justice and Equality [2024] IESC 3 Introduction The case of E.M. v The Minister for Justice and Equality...

Inclusion of Reply-Pleaded Issues in Document Discovery: Ailmount Investments Limited v Bank of Ireland Nominee 1 Limited & Anor

Date: Feb 22, 2024

Inclusion of Reply-Pleaded Issues in Document Discovery: Ailmount Investments Limited v Bank of Ireland Nominee 1 Limited & Anor ([2024] IEHC 97) Introduction The High Court of Ireland delivered a...

Cost Allocation in Interlocutory Applications: Insights from First Names Trust Company [Ireland] Ltd v Kirk & Anor

Date: Feb 21, 2024

Cost Allocation in Interlocutory Applications: Insights from First Names Trust Company [Ireland] Ltd v Kirk & Anor Introduction The High Court of Ireland delivered a pivotal ruling in the case of...

Finality of Possession Orders Reinforced: Insights from Start Mortgages v Gilmore & Anor [2024] IEHC 93

Date: Feb 21, 2024

Finality of Possession Orders Reinforced: Insights from Start Mortgages Designed Activity Company v Gilmore & Anor (Approved) [2024] IEHC 93 Introduction The High Court of Ireland delivered a pivotal...

Kavanagh v Salesian of Don Bosco of Ireland: Clarifying School Duty of Care During Transitional Periods

Date: Feb 21, 2024

Kavanagh v Salesian of Don Bosco of Ireland: Clarifying School Duty of Care During Transitional Periods Introduction Kavanagh v Salesian of Don Bosco of Ireland (Approved) [2024] IEHC 172 is a...

Establishing Mechanical Soundness in Plumbing Installations: Insights from Whelan & Anor v McKeon Brothers Limited

Date: Feb 21, 2024

Establishing Mechanical Soundness in Plumbing Installations: Insights from Whelan & Anor v McKeon Brothers Limited ([2024] IEHC 90) Introduction Whelan & Anor v McKeon Brothers Limited is a landmark...

Cohesion Infheistiochtai Ltd v Salumi Grazing Ltd & Anor: Reinforcing the Restraint of Abusive Winding-Up Petitions for Disputed Claims

Date: Feb 21, 2024

Cohesion Infheistiochtai Ltd v Salumi Grazing Ltd & Anor: Reinforcing the Restraint of Abusive Winding-Up Petitions for Disputed Claims Introduction The High Court of Ireland delivered its judgment...

St. Margaret's Recycling & Anor v An Bord Pleanala: Upholding Strict Standards for Non-Conforming Uses and Environmental Assessments

Date: Feb 21, 2024

St. Margaret's Recycling & Anor v An Bord Pleanala: Upholding Strict Standards for Non-Conforming Uses and Environmental Assessments Introduction St. Margaret's Recycling & Anor v An Bord Pleanala...

Balancing Confidentiality and Relevance in Judicial Discovery: Insights from Dilger v Burke & Ors (Approved) [2024] IEHC 62

Date: Feb 20, 2024

Balancing Confidentiality and Relevance in Judicial Discovery: Insights from Dilger v Burke & Ors (Approved) [2024] IEHC 62 Introduction The case of Dilger v Burke & Ors (Approved) ([2024] IEHC 62)...

High Court Establishes Preconditions for Extracting Letters of Administration in Absent Representation Cases

Date: Feb 20, 2024

High Court Establishes Preconditions for Extracting Letters of Administration in Absent Representation Cases Introduction The case of Joseph Kelly, Decd., RE (Approved) ([2024] IEHC 87) addresses the...

Abuse of Process and Res Judicata in Collateral Attacks: Carthy v Ireland & Ors [2024] IEHC 63

Date: Feb 20, 2024

Abuse of Process and Res Judicata in Collateral Attacks: Carthy v Ireland & Ors [2024] IEHC 63 Introduction In the case of Carthy v Ireland & Ors (Approved) [2024] IEHC 63, the High Court of Ireland...

General Prejudice Insufficient to Dismiss Claims: High Court Upholds Plaintiff's Right to Proceed – Dwyer Nolan Developments Ltd v County Council of Wicklow [2024] IEHC 120

Date: Feb 17, 2024

General Prejudice Insufficient to Dismiss Claims: High Court Upholds Plaintiff's Right to Proceed – Dwyer Nolan Developments Ltd v County Council of Wicklow [2024] IEHC 120 Introduction The case of...

E.D. v C.K. [2024] IEHC 126: Enhanced Consideration of Conduct in Domestic Violence Reliefs under the Family Law Act, 2018

Date: Feb 17, 2024

E.D. v C.K. [2024] IEHC 126: Enhanced Consideration of Conduct in Domestic Violence Reliefs under the Family Law Act, 2018 Introduction E.D. v C.K. ([2024] IEHC 126) is a significant judgment...

Court Limits Inherent Jurisdiction and Rejects Isaac Wunder Order in Leahy v Tippo International Ltd [2024] IEHC 98

Date: Feb 17, 2024

Court Limits Inherent Jurisdiction and Rejects Isaac Wunder Order in Leahy v Tippo International Ltd [2024] IEHC 98 Introduction Leahy v Tippo International Ltd ([2024] IEHC 98) is a landmark case...

High Court Establishes Strict Interpretation of 'Fit and Proper Person' in Waste Management Permits

Date: Feb 17, 2024

High Court Establishes Strict Interpretation of 'Fit and Proper Person' in Waste Management Permits Introduction In the landmark case Alan Pilkington T/A Pilkington Grab Hire v Offaly County Council...

McMahon v The Revenue Commissioners: A Landmark Decision on Capital Gains Tax Assessments and Statutory Time Limits

Date: Feb 17, 2024

McMahon v The Revenue Commissioners: A Landmark Decision on Capital Gains Tax Assessments and Statutory Time Limits Introduction In the High Court of Ireland's judgment delivered on February 16,...

Summary Judgment Refused in Lee & Anor v Lee & Ors: Implications for Restitution Claims

Date: Feb 17, 2024

Summary Judgment Refused in Lee & Anor v Lee & Ors: Implications for Restitution Claims Introduction The case of Lee & Anor v Lee & Ors (Approved) ([2024] IEHC 127) adjudicated by the High Court of...

Granting Interim Relief in Derivative Actions: Insights from Sutton v Salumi Grazing Ltd [2024] IEHC 286

Date: Feb 17, 2024

Granting Interim Relief in Derivative Actions: Insights from Sutton v Salumi Grazing Ltd [2024] IEHC 286 Introduction Sutton v Salumi Grazing Ltd T/A Salumi Grazing & Ors (Approved) ([2024] IEHC 286)...

Reaffirmation of Objective Bias Principles in Disciplinary Proceedings: Burke v O Longain & Ors ([2024] IEHC 207)

Date: Feb 16, 2024

Reaffirmation of Objective Bias Principles in Disciplinary Proceedings: Burke v O Longain & Ors ([2024] IEHC 207) Introduction In the High Court of Ireland case Burke v O Longain & Ors ([2024] IEHC...