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  • Commentaries

consent-reaffirmed-as-no-defence-in-assault-occasioning-actual-bodily-harm:-hobday-v-r.-2025-ewca-crim-46 Case Commentaries

Detention Under Section 41 Confers Lawful Possession: Power to Open Vehicle Boot and Seize Evidence

Detention Under Section 41 Confers Lawful Possession: Power to Open Vehicle Boot and Seize Evidence

Date: May 31, 2025
Detention Under Section 41 Confers Lawful Possession: Power to Open Vehicle Boot and Seize Evidence Introduction Director of Public Prosecutions v Noonan ([2025] IESC 22) concerns the narrow but...
Expanding Protective Jurisdiction under Brussels I Recast: Liability Insurance and Consumer Contract Gateways Established in Farley v Mapfre

Expanding Protective Jurisdiction under Brussels I Recast: Liability Insurance and Consumer Contract Gateways Established in Farley v Mapfre

Date: May 31, 2025
Expanding Protective Jurisdiction under Brussels I Recast: Liability Insurance and Consumer Contract Gateways Established in Farley v Mapfre Introduction Farley v Mapfre Asistencia & Ors. ([2025]...
Requirement of Full Rehearing for Statutory Appeals under Section 7(13) of the Solicitors (Amendment) Act 1960 (as amended)

Requirement of Full Rehearing for Statutory Appeals under Section 7(13) of the Solicitors (Amendment) Act 1960 (as amended)

Date: May 31, 2025
Requirement of Full Rehearing for Statutory Appeals under Section 7(13) of the Solicitors (Amendment) Act 1960 (as amended) 1. Introduction This commentary examines the High Court’s decision in...
Valid Standing in Professional Negligence Claims: Requirement of Proper Appointment and Registration of Attorneys or Estate Rights

Valid Standing in Professional Negligence Claims: Requirement of Proper Appointment and Registration of Attorneys or Estate Rights

Date: May 31, 2025
Valid Standing in Professional Negligence Claims: Requirement of Proper Appointment and Registration of Attorneys or Estate Rights 1. Introduction McEvoy & Anor v Turner & Anor ([2025] IEHC 317) is a...
Order 122 Rule 11 RSC as Exclusive Basis for Dismissal for Want of Prosecution

Order 122 Rule 11 RSC as Exclusive Basis for Dismissal for Want of Prosecution

Date: May 31, 2025
Order 122 Rule 11 RSC as Exclusive Basis for Dismissal for Want of Prosecution Introduction In Kirwan v Connors & ors [2025] IESC 21, the Supreme Court of Ireland was asked to resolve a long-standing...
Kirwan v Connors & Ors: A Structured Test for Dismissing Proceedings for Want of Prosecution

Kirwan v Connors & Ors: A Structured Test for Dismissing Proceedings for Want of Prosecution

Date: May 31, 2025
Kirwan v Connors & Ors: A Structured Test for Dismissing Proceedings for Want of Prosecution 1. Introduction In Kirwan v Connors & Ors [2025] IESC 21, the Supreme Court of Ireland was invited to...
Evidence-Based Harmless Error Doctrine in Judicial Review of EU Law Assessments

Evidence-Based Harmless Error Doctrine in Judicial Review of EU Law Assessments

Date: May 31, 2025
Evidence-Based Harmless Error Doctrine in Judicial Review of EU Law Assessments Introduction Massey v An Bord Pleanála [No. 4] ([2025] IEHC 309) is the fourth chapter in a long-running High Court...
Affirming the Inherent Power to Search Lawfully Seized Vehicles Under Irish Law

Affirming the Inherent Power to Search Lawfully Seized Vehicles Under Irish Law

Date: May 31, 2025
Affirming the Inherent Power to Search Lawfully Seized Vehicles Under Irish Law Introduction Director of Public Prosecutions v Noonan ([2025] IESC 22) is a landmark Supreme Court decision clarifying...
Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test

Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test

Date: May 31, 2025
Emphasising Two-Year Inactivity under Ord. 122, r.11: Adjusting the Primor Strike-Out Test Introduction This commentary examines the Supreme Court’s decision in Director of Public Prosecutions v....
Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21

Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21

Date: May 31, 2025
Abolition of Prejudice Requirement in Dismissal – Kirwan v Connors (Approved) [2025] IESC 21 1. Introduction Kirwan v Connors & ors ([2025] IESC 21) is a landmark Supreme Court of Ireland decision...
Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out

Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out

Date: May 31, 2025
Refining the Primor Principles: Two-Year Dormancy Rule as the Yardstick for Strike-Out Introduction Case Name: Kirwan v Connors & ors (Approved) [2025] IESC 21 (Supreme Court of Ireland) Date: 30 May...
Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review

Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review

Date: May 31, 2025
Principle of Sensible Interpretation and Onus of Proof in Planning Judicial Review 1. Introduction In Fahybeg Windfarm Opposition Group & Anor v An Bord Pleanála [2025] IEHC 310, the High Court...

    Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: 
    Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311

Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311

Date: May 31, 2025
Flexibility in Appeals from Ex Parte Leave Refusals and Scrutiny of CPO Rationales: Heavey v An Bord Pleanála [No. 2] [2025] IEHC 311 Introduction Angela Heavey owns property adjacent to the...
The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove
            Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto

The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto

Date: May 31, 2025
The “Gaultier Principle”: High Court Lacks Jurisdiction to Remove Superior-Court Judges or Re-open Their Decisions by Way of Quo Warranto 1. Introduction In Gaultier v Four Judges of the Court of...
Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries

Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries

Date: May 30, 2025
Fair Procedures, Suspension Review and Prematurity in Garda Disciplinary Inquiries 1. Introduction Harrison v Commissioner of An Garda Síochána ([2025] IEHC 303) is a High Court judicial review...
“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation

“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation

Date: May 30, 2025
“Chain-of-Title Scrutiny” – Fitzwilliam Loan Management v Conneally and the New Threshold for Summary Judgment in Assigned Loan Litigation 1. Introduction Fitzwilliam Loan Management Unlimited...
“Special Care as a Remedy of Last Resort” – An Analysis of JT (A Minor) v Child and Family Agency [2025] IEHC 316

“Special Care as a Remedy of Last Resort” – An Analysis of JT (A Minor) v Child and Family Agency [2025] IEHC 316

Date: May 30, 2025
“Special Care as a Remedy of Last Resort” – Judicial Review Boundaries Clarified in JT (A Minor) v Child and Family Agency [2025] IEHC 316 1. Introduction The High Court judgment delivered by Ms...
“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans (Commentary on Liqun v. Minister for Justice & Equality [2025] IEHC 352)

“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans (Commentary on Liqun v. Minister for Justice & Equality [2025] IEHC 352)

Date: May 29, 2025
“Putting the Applicant on the Right Road” – The Fair-Notice Obligation before Imposing Visa Exclusion Bans Commentary on Liqun v. Minister for Justice & Equality & Minister for Business, Enterprise...
Defendant’s Wrongdoing as Countervailing Factor in Delay Applications: Mullen v O'Brien & Anor ([2025] IEHC 302)

Defendant’s Wrongdoing as Countervailing Factor in Delay Applications: Mullen v O'Brien & Anor ([2025] IEHC 302)

Date: May 29, 2025
Defendant’s Wrongdoing as Countervailing Factor in Delay Applications Introduction Mullen v O'Brien & Anor ([2025] IEHC 302) is a High Court decision delivered by Mr Justice Barry O’Donnell on May...
EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order  
— [2025] CSOH 45

EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order — [2025] CSOH 45

Date: May 29, 2025
EO: Incapacity of Natural Parents and the Necessity-Only Adoption Order — [2025] CSOH 45 Introduction In AD10/23 the Outer House of the Scottish Court of Session was asked to decide whether J.K....
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