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  • Commentaries

establishing-the-implied- Case Commentaries

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...
Conditional Stays, Mortgage-to-Rent, and the Statutory Right to Vary Proceeds of Crime Orders: Commentary on Criminal Assets Bureau v O'Brien & Anor [2025] IEHC 603

Conditional Stays, Mortgage-to-Rent, and the Statutory Right to Vary Proceeds of Crime Orders: Commentary on Criminal Assets Bureau v O'Brien & Anor [2025] IEHC 603

Date: Nov 11, 2025
Conditional Stays, Mortgage-to-Rent, and the Statutory Right to Vary Proceeds of Crime Orders: A Commentary on Criminal Assets Bureau v O'Brien & Anor [2025] IEHC 603 1. Introduction This High Court...
Sweeney v Friel [2025] IEHC 716: Aggravated and Exemplary Damages for Abuse of Process and Judicial Discretion Not to Apply Collins v Parm Reductions

Sweeney v Friel [2025] IEHC 716: Aggravated and Exemplary Damages for Abuse of Process and Judicial Discretion Not to Apply Collins v Parm Reductions

Date: Nov 11, 2025
Sweeney v Friel [2025] IEHC 716: Aggravated and Exemplary Damages for Abuse of Process and Judicial Discretion Not to Apply Collins v Parm Reductions 1. Introduction The High Court decision in...
Provisional Medical Attribution as “Date of Knowledge” under the Statute of Limitations: Commentary on Kmiec v Noonan Services Group Ltd [2025] IEHC 694

Provisional Medical Attribution as “Date of Knowledge” under the Statute of Limitations: Commentary on Kmiec v Noonan Services Group Ltd [2025] IEHC 694

Date: Nov 11, 2025
Provisional Medical Attribution as “Date of Knowledge” under the Statute of Limitations: Commentary on Kmiec v Noonan Services Group Ltd [2025] IEHC 694 1. Introduction The High Court decision in...
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:...
Section 21 of the Consumer Insurance Contracts Act 2019 Confined to Consumer Insurance Contracts: 
    Commentary on M & Anor v Centric Health Primary Care Ltd & Anor [2025] IEHC 735

Section 21 of the Consumer Insurance Contracts Act 2019 Confined to Consumer Insurance Contracts: Commentary on M & Anor v Centric Health Primary Care Ltd & Anor [2025] IEHC 735

Date: Nov 8, 2025
Section 21 of the Consumer Insurance Contracts Act 2019 Confined to Consumer Insurance Contracts: Commentary on M & Anor v Centric Health Primary Care Ltd & Anor [2025] IEHC 735 1. Introduction This...
Authentic Identity, Human Dignity and the Integrity of Civil Registration in Witness Protection: Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025] IESC 44

Authentic Identity, Human Dignity and the Integrity of Civil Registration in Witness Protection: Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025] IESC 44

Date: Nov 8, 2025
Authentic Identity, Human Dignity and the Integrity of Civil Registration in Witness Protection: Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025] IESC 44 1. Introduction This...
No Constitutional Right to Fictitious Identity Documents & Human Dignity as Value: Commentary on Doe & ors v Commissioner of An Garda Síochána [2025] IESC 44

No Constitutional Right to Fictitious Identity Documents & Human Dignity as Value: Commentary on Doe & ors v Commissioner of An Garda Síochána [2025] IESC 44

Date: Nov 8, 2025
No Constitutional Right to Fictitious Identity Documents and Human Dignity as a Constitutional Value (Not a Stand‑Alone Right) Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025]...
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