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  • Commentaries

admissibility-of-metadata-evidence-post-smyth:-a-new-precedent-in-irish-supreme-court Case Commentaries

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications

Date: Jan 15, 2026
Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications Case: Commission for Communications Regulation v Sky Ireland Ltd...
Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125

Date: Jan 15, 2026
Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125 1) Introduction Doyle v Buckley [Practising Under the Style and Title of J. Buckley &...
Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders

Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders

Date: Jan 14, 2026
Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders 1. Introduction LLC Eurochem North-West-2 v Tecnimont SPA & Anor concerned a focused but practically...
Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order

Date: Jan 14, 2026
Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order Case: Goode Concrete v Cement Roadstone Holdings PLC and Ors...
Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders

Date: Jan 14, 2026
Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders Case: Criminal Assets Bureau v X and Y and Z (Approved) Citation: [2026] IEHC 34 Court: High Court...
“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3)

“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3)

Date: Jan 13, 2026
“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3): Clarifying the Distinction from Reserved Costs on Interlocutory Motions Case: Meta Platform Ireland Ltd v The Data Protection...
Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a Pressing Exigency of Justice

Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a Pressing Exigency of Justice

Date: Jan 13, 2026
Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a “Pressing Exigency of Justice” Citation: [2026] IEHC 2 | Court: High Court (Phelan J) | Date:...

      Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company Insolvency Abuse

Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company Insolvency Abuse

Date: Jan 13, 2026
Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company...
Protected Tenancies under the Housing (Private Rented Dwellings) Act 1982 Are Life-Only: No Vesting in the Deceased Tenant’s Estate Outside the “Relevant Period”

Protected Tenancies under the Housing (Private Rented Dwellings) Act 1982 Are Life-Only: No Vesting in the Deceased Tenant’s Estate Outside the “Relevant Period”

Date: Jan 13, 2026
Protected Tenancies under the Housing (Private Rented Dwellings) Act 1982 Are Life-Only: No Vesting in the Deceased Tenant’s Estate Outside the “Relevant Period” 1) Introduction Michael v Doody...
Return Ordered Despite a Mature Child’s Objection Where Habitual Residence Remains in the State of Origin and the Objection Narrative Shows Influence Markers

Return Ordered Despite a Mature Child’s Objection Where Habitual Residence Remains in the State of Origin and the Objection Narrative Shows Influence Markers

Date: Jan 13, 2026
Return Ordered Despite a Mature Child’s Objection Where Habitual Residence Remains in the State of Origin and the Objection Narrative Shows Influence Markers Case: H.I.K. v K.L.S. (in the matter of...
Section 31 LCLRA 2009: No “Just and Equitable” Power to Force Co-Owners into a Speculative Developer Option; Court Orders Open-Market Sale

Section 31 LCLRA 2009: No “Just and Equitable” Power to Force Co-Owners into a Speculative Developer Option; Court Orders Open-Market Sale

Date: Jan 13, 2026
Section 31 LCLRA 2009: No “Just and Equitable” Power to Force Co-Owners into a Speculative Developer Option; Court Orders Open-Market Sale Introduction Connolly and Anor v Connolly and Anor...
Short Sexual Offence Sentences: Mandatory Consideration and Explanation of Community Disposal (Watson Not a Rigid Rule)

Short Sexual Offence Sentences: Mandatory Consideration and Explanation of Community Disposal (Watson Not a Rigid Rule)

Date: Jan 10, 2026
Short Sexual Offence Sentences: Mandatory Consideration and Explanation of Community Disposal (Watson Not a Rigid Rule) 1. Introduction Kasak, R. v ([2026] NICA 2 (Rev1)) is a sentence appeal in the...
Limits on Cross-Case “General Directions” and Judicially-Mandated Executive Policy in Closed Proceedings

Limits on Cross-Case “General Directions” and Judicially-Mandated Executive Policy in Closed Proceedings

Date: Jan 9, 2026
Limits on Cross-Case “General Directions” and Judicially-Mandated Executive Policy in Closed Proceedings 1. Introduction RA & Anor, R (On the Application Of) v Secretary of State for Foreign,...
£-In-£-Out and Scope-of-Duty Limits on Solicitors’ Negligence Claims for FSMA s.26 Exposure

£-In-£-Out and Scope-of-Duty Limits on Solicitors’ Negligence Claims for FSMA s.26 Exposure

Date: Jan 6, 2026
£-In-£-Out and Scope-of-Duty Limits on Solicitors’ Negligence Claims for FSMA s.26 Exposure 1. Introduction Case: Afan Valley Ltd & Ors v Lupton Fawcett LLP [2026] EWCA Civ 2 Court: England and Wales...
Harmless Error, Irish-Language Obligations and Environmental Assessment: Commentary on Wild Ireland Defence CLG v An Coimisiún Pleanála [2025] IEHC 726

Harmless Error, Irish-Language Obligations and Environmental Assessment: Commentary on Wild Ireland Defence CLG v An Coimisiún Pleanála [2025] IEHC 726

Date: Dec 24, 2025
Harmless Error, Irish-Language Obligations and Environmental Assessment: Commentary on Wild Ireland Defence CLG v An Coimisiún Pleanála [2025] IEHC 726 1. Introduction This High Court judgment,...
Retrospective Leave under Section 6 IBRC Act 2013 and the Kirwan Delay Framework: Commentary on Pounds & Philpott v IBRC & KPMG [2025] IEHC 720

Retrospective Leave under Section 6 IBRC Act 2013 and the Kirwan Delay Framework: Commentary on Pounds & Philpott v IBRC & KPMG [2025] IEHC 720

Date: Dec 24, 2025
Retrospective Leave under Section 6 IBRC Act 2013 and the Kirwan Delay Framework: Commentary on Pounds & Philpott v Irish Bank Resolution Corporation (in Special Liquidation) & KPMG [2025] IEHC 720...
Plain Intelligible Language, Independent Legal Advice and Ex Officio Review of Consumer Guarantees: Commentary on Pepper Finance v Coleman [2025] IEHC 747

Plain Intelligible Language, Independent Legal Advice and Ex Officio Review of Consumer Guarantees: Commentary on Pepper Finance v Coleman [2025] IEHC 747

Date: Dec 24, 2025
Plain Intelligible Language, Independent Legal Advice and Ex Officio Review of Consumer Guarantees: Commentary on Pepper Finance Corporation (Ireland) DAC v Coleman [2025] IEHC 747 1. Introduction...
Murphy v An Taoiseach & Ors [2025] IEHC 730 – Constitutional Validation of “Super Junior Ministers” and the Limits of Judicial Review of Cabinet Composition

Murphy v An Taoiseach & Ors [2025] IEHC 730 – Constitutional Validation of “Super Junior Ministers” and the Limits of Judicial Review of Cabinet Composition

Date: Dec 24, 2025
Murphy v An Taoiseach & Ors [2025] IEHC 730 – Constitutional Validation of “Super Junior Ministers” and the Limits of Judicial Review of Cabinet Composition 1. Introduction In Murphy v An Taoiseach &...
Telecoms Masts, “Urban Development Projects” and the Limits of EIA: Commentary on McGowan & Warnock v An Coimisiún Pleanála [2025] IEHC 727

Telecoms Masts, “Urban Development Projects” and the Limits of EIA: Commentary on McGowan & Warnock v An Coimisiún Pleanála [2025] IEHC 727

Date: Dec 24, 2025
Telecoms Masts, “Urban Development Projects” and the Limits of EIA: Commentary on McGowan & Warnock v An Coimisiún Pleanála [2025] IEHC 727 1. Introduction This judgment of Humphreys J in the High...
Six-Year-Old’s Objection Considered but Given Little Weight Where Influenced; Prompt Return Ordered Despite Consent-to-Travel History

Six-Year-Old’s Objection Considered but Given Little Weight Where Influenced; Prompt Return Ordered Despite Consent-to-Travel History

Date: Dec 24, 2025
Six-Year-Old’s Objection Considered but Given Little Weight Where Influenced; Prompt Return Ordered Despite Consent-to-Travel History 1. Introduction Petition of IK ([2025] CSOH 123, Lord Braid,...
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