periodic-inspection Case Commentaries

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

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

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

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

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)

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...

“Doing Justice” as a Basis for Disclosure of Special Criminal Court Open-Court Materials to a Public Inquiry

Date: May 29, 2025

“Doing Justice” as a Basis for Disclosure of Special Criminal Court Open-Court Materials to a Public Inquiry 1. Introduction In The Minister for Justice v The Director of Public Prosecutions and Anor...

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

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....

Ensuring Needs-Based Analysis and Remittal in Ancillary Relief: B v B [2025] NICA 27

Date: May 29, 2025

Ensuring Needs-Based Analysis and Remittal in Ancillary Relief: B v B [2025] NICA 27 Introduction B v B ([2025] NICA 27) is a decision of the Court of Appeal in Northern Ireland addressing the...

“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed

Date: May 28, 2025

“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed Introduction In Appeal against Sentence by NS v. HMA ([2025] HCJAC 24) the Scottish High...

Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd

Date: May 28, 2025

Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd 1. Introduction This commentary examines the High...

Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings

Date: May 28, 2025

Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings Introduction This commentary examines the decision in Milligan v Jaguar Land Rover Automotive Plc and...

“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000

Date: May 28, 2025

“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000 Introduction Grall v Meath County Council ([2025] IEHC 318) is a sequel...

Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions

Date: May 27, 2025

Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions 1. Introduction In Scully v Coucal Ltd [2025]...

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Date: May 27, 2025

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast) Introduction This commentary examines the Supreme Court of Ireland’s landmark decision in Scully v...

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Date: May 27, 2025

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965 Introduction The Estate of Michael Joseph McNally [Deceased], Re ([2025] IEHC 299) is a High Court probate...

No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act

Date: May 24, 2025

No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act Introduction This case concerns an appeal by the Manchester Ship Canal Company Ltd (“MSC”)...

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Date: May 24, 2025

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296) Introduction This case concerns a dispute between Sunward Holdings Limited (“Sunward”), the...

“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting”

Date: May 24, 2025

“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting” Introduction Bhundia v Dhar (Re Five Delta Ltd – Insolvency Act 1986) [2025] EWHC 1227 (Ch) is a Court of...