periodic-inspection Case Commentaries

The DT Framework: Supreme Court Guidance on Proving Possession through Statutory Inferences (Director of Public Prosecutions v DT [2025] IESC 25)

Date: Jun 5, 2025

The DT Framework: Supreme Court Guidance on Proving Possession through Statutory Inferences (Director of Public Prosecutions v DT [2025] IESC 25) Introduction Director of Public Prosecutions v DT...

“Calibrating Cross-Examination in Summary Proceedings” – A Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor [2025] IEHC 351

Date: Jun 5, 2025

“Calibrating Cross-Examination in Summary Proceedings” A Detailed Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor – High Court (O’Higgins J) [2025] IEHC 351 1. Introduction Court:...

Extending Section 73 Liens Beyond 2009: The Supreme Court’s Framework in Promontoria (Oyster) DAC v Fox & Kean

Date: Jun 4, 2025

Extending Section 73 Liens Beyond 2009: The Supreme Court’s Framework in Promontoria (Oyster) DAC v Fox & Kean 1. Introduction Promontoria (Oyster) Designated Activity Company v Fox and Kean ([2025]...

RL v MR – Re-Drawing the Line Between “Living Apart” and “No Normal Marital Relationship” and Strengthening Financial-Disclosure Duties in Family Proceedings

Date: Jun 4, 2025

RL v MR – Re-Drawing the Line Between “Living Apart” and “No Normal Marital Relationship” and Strengthening Financial-Disclosure Duties in Family Proceedings Introduction RL v MR ([2025] IEHC 340) is...

“Co-Borrower Status ≠ Consent” – Everyday Finance Ltd v Marsh [2025] IEHC 326: Spousal Protection, Proof of Title and Redaction Standards in Irish Mortgage Litigation

Date: Jun 4, 2025

“Co-Borrower Status ≠ Consent” – Everyday Finance Ltd v Marsh [2025] IEHC 326 Introduction Everyday Finance Ltd v Marsh is a multi-faceted High Court appeal that touches nearly every fault line in...

“The Five-Fold Safeguard Framework”: High Court Clarifies the Pre-Conditions for Deprivation of Liberty under its Inherent Jurisdiction – Comment on HSE v DD [2025] IEHC 353

Date: Jun 4, 2025

“The Five-Fold Safeguard Framework”: High Court Clarifies the Pre-Conditions for Deprivation of Liberty under its Inherent Jurisdiction – Comment on HSE v DD [2025] IEHC 353 1. Introduction In HSE v...

Minister for Justice v Okojie: Re-affirming the Primacy of Issuing-State Assurances under s.45 of the 2003 Act

Date: Jun 4, 2025

Minister for Justice v Okojie [2025] IEHC 329 – “Once Assured, Always Assured”: The High Court affirms that a clear §45 assurance from an Issuing Judicial Authority stands unless objectively...

Defining “Place of Residence” for Bankruptcy Jurisdiction: Requirement of a Meaningful Connection (KSCP v Prince Hussam)

Date: May 31, 2025

Defining “Place of Residence” for Bankruptcy Jurisdiction: Requirement of a Meaningful Connection Introduction This commentary examines the Court of Appeal’s decision in Mobile Telecommunications...

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

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)

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

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

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

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

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

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

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

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

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

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...