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  • Commentaries

all Case Commentaries

Materiality as the Gateway under s.146B: Non‑material alterations to SID permissions need no EIA/AA or public participation and may be adopted mid‑litigation without objective bias

Materiality as the Gateway under s.146B: Non‑material alterations to SID permissions need no EIA/AA or public participation and may be adopted mid‑litigation without objective bias

Date: Nov 11, 2025
Materiality as the Gateway under s.146B: Non‑material alterations to SID permissions need no EIA/AA or public participation and may be adopted mid‑litigation without objective bias Introduction This...
Planning Conditions as Standard-and-Fallback, Harmless Error, and Curative Amendments: Commentary on Rural Residents Wind Aware v An Coimisiún Pleanála [2025] IEHC 600

Planning Conditions as Standard-and-Fallback, Harmless Error, and Curative Amendments: Commentary on Rural Residents Wind Aware v An Coimisiún Pleanála [2025] IEHC 600

Date: Nov 11, 2025
Planning Conditions as Standard-and-Fallback, Harmless Error, and Curative Amendments in SID Consents: Commentary on Rural Residents Wind Aware & Ors v An Coimisiún Pleanála & Ors [2025] IEHC 600...
When a fundamental EIA public‑notice breach does not trigger certiorari: the “phase‑two cure” discretion in North Westmeath Turbine Action Group v An Bord Pleanála [2025] IEHC 608

When a fundamental EIA public‑notice breach does not trigger certiorari: the “phase‑two cure” discretion in North Westmeath Turbine Action Group v An Bord Pleanála [2025] IEHC 608

Date: Nov 11, 2025
When a fundamental EIA public‑notice breach does not trigger certiorari: the “phase‑two cure” discretion in North Westmeath Turbine Action Group v An Bord Pleanála [2025] IEHC 608 Introduction This...
No Exceptional Point: Section 5 of the 2000 Act Encompasses Section 50 Refoulement Opinions; Article 15(c) Not Required at Refoulement Stage

No Exceptional Point: Section 5 of the 2000 Act Encompasses Section 50 Refoulement Opinions; Article 15(c) Not Required at Refoulement Stage

Date: Nov 11, 2025
No Exceptional Point: Section 5 of the 2000 Act Encompasses Section 50 Refoulement Opinions; Article 15(c) Not Required at Refoulement Stage Introduction This ruling of the High Court of Ireland...
No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 (Minister for Justice v Nistor [2025] IEHC 609)

No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 (Minister for Justice v Nistor [2025] IEHC 609)

Date: Nov 11, 2025
No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 Commentary on Minister for Justice v Nistor [2025] IEHC 609 (High Court of Ireland, 5 November...
Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway

Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway

Date: Nov 11, 2025
Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway Commentary on Hadnett v...
Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside

Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside

Date: Nov 11, 2025
Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside Introduction Foley v 360 Degrees Complete Maintenance...
‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591

‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591

Date: Nov 11, 2025
‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591 Introduction This High Court...
Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy

Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy

Date: Nov 11, 2025
Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy Introduction In Arkins & Anor v Labour Court [2025] IEHC 605, the...
Reaffirming the Salem Discretion: Court of Appeal Declines to Determine Academic Appeal on NRPF Support and Article 8

Reaffirming the Salem Discretion: Court of Appeal Declines to Determine Academic Appeal on NRPF Support and Article 8

Date: Nov 11, 2025
Reaffirming the Salem Discretion: Court of Appeal Declines to Determine Academic Appeal on NRPF Support and Article 8 Introduction In LR, R (On the Application Of) v Coventry City Council [2025] EWCA...
No Automatic Restitutionary Interest on Set-Aside Payments: Fairness-Based Allocation to Interest First (Evonik UK Holdings Ltd v HMRC [2025] EWCA Civ 1392)

No Automatic Restitutionary Interest on Set-Aside Payments: Fairness-Based Allocation to Interest First (Evonik UK Holdings Ltd v HMRC [2025] EWCA Civ 1392)

Date: Nov 11, 2025
No Automatic Restitutionary Interest on Set-Aside Payments: Fairness-Based Allocation to Interest First Case: Evonik UK Holdings Ltd v Revenue and Customs [2025] EWCA Civ 1392 Court: England and...
Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy Proportionality)

Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy Proportionality)

Date: Nov 11, 2025
Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy...
Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney & Anor [No. 2] [2025] IEHC 602

Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney & Anor [No. 2] [2025] IEHC 602

Date: Nov 11, 2025
Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney...
De minimis Loss of Ancient Woodland under NPF4 Policy 6(b)(i) Can Be Outweighed; Adequate Reasons May Be Supplied by a Report of Handling

De minimis Loss of Ancient Woodland under NPF4 Policy 6(b)(i) Can Be Outweighed; Adequate Reasons May Be Supplied by a Report of Handling

Date: Nov 8, 2025
De minimis Loss of Ancient Woodland under NPF4 Policy 6(b)(i) Can Be Outweighed; Adequate Reasons May Be Supplied by a Report of Handling Introduction In [2025] CSOH 102 (Outer House, Court of...
Certified Dilapidations Cost as the Landlord’s Only Remedy Quoad Condition: HFD Glasgow 3 Ltd v Student Loans Company Ltd [2025] CSOH 101

Certified Dilapidations Cost as the Landlord’s Only Remedy Quoad Condition: HFD Glasgow 3 Ltd v Student Loans Company Ltd [2025] CSOH 101

Date: Nov 8, 2025
Certified Dilapidations Cost as the Landlord’s Only Remedy Quoad Condition Case: HFD Glasgow 3 Limited v Student Loans Company Limited Citation: [2025] CSOH 101 (Outer House, Court of Session) Judge:...
Extended Sentences for Children: Dangerousness Confirmed and DTOs Cannot Run Concurrently with an Extended Sentence (R v TJ [2025] EWCA Crim 1391)

Extended Sentences for Children: Dangerousness Confirmed and DTOs Cannot Run Concurrently with an Extended Sentence (R v TJ [2025] EWCA Crim 1391)

Date: Nov 7, 2025
Extended Sentences for Children: Dangerousness Confirmed and DTOs Cannot Run Concurrently with an Extended Sentence (R v TJ [2025] EWCA Crim 1391) Introduction This commentary analyses the Court of...
Short‑Term Control Still a “Significant Role”: Plea Credit, Harm Category, and Administrative Surcharge Clarified in R v Adetoyi [2025] EWCA Crim 1393

Short‑Term Control Still a “Significant Role”: Plea Credit, Harm Category, and Administrative Surcharge Clarified in R v Adetoyi [2025] EWCA Crim 1393

Date: Nov 7, 2025
Short‑Term Control Still a “Significant Role”: Plea Credit, Harm Category, and Administrative Surcharge Clarified in R v Adetoyi [2025] EWCA Crim 1393 Court: England and Wales Court of Appeal...
Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c)

Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c)

Date: Nov 7, 2025
Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c) Introduction In Stop Portland Waste Incinerator v Secretary of State for Housing,...
“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required

“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required

Date: Nov 7, 2025
“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required Case: Secretary of State (Entry Clearance...
RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations

RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations

Date: Nov 7, 2025
RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations Introduction This...
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