Horsley v SLCC: No “Best Evidence” or Investigative Duty at Eligibility Stage; Objective Basis Required for Allegations of Document Falsification Introduction In [2025] CSIH 28 (31 October 2025), the...
Post‑Abatement Stigma Damages in Nuisance: High Court recognises market‑value loss where injunction requires ongoing engagement and verification Introduction This commentary examines the Irish High...
Electronic Peaceable Re‑Entry and the “Free Ride” Bar to Mandatory Injunctions: New Guidance from Perfect Stripe Ltd t/a Grafter v Fennell & Ors [2025] IEHC 585 Court: High Court (Commercial Court),...
No amendment prejudice where statute bar was inevitable: High Court permits late PIAB authorisation and limitation defences Case: O’ Flaherty v Comyns & Ors [2025] IEHC 590 (High Court, Stack J., 31...
A cautious strike‑out standard in cross‑undertaking damages inquiries: Beneficial ownership and agent illegality are potentially relevant (Nolan & Ors v Dildar Ltd & Ors [2025] IEHC 575) Introduction...
Passage of Time as a Standalone Ground for Dismissal: High Court applies Kirwan’s five‑year inactivity rule and clarifies what counts as a “step in the proceedings” Introduction This commentary...
“All Just Claims” Means What It Says: High Court Clarifies Receivers’ Duties Under Equitable Execution to Account for Third‑Party Proprietary Interests Introduction In Massey & Ors v Kennedy & Ors...
Risk of Loss, Intended Loss and Emotional Harm in Fraud Sentencing: Commentary on R v Blaauw [2025] EWCA Crim 1508 1. Introduction This commentary examines the decision of the England and Wales Court...
Unpleaded Climate Points Cannot Be Certified; EIA Does Not Require State‑Wide Cumulative Traffic GHG Assessment — Commentary on Friends of Killymooney Lough v An Coimisiún Pleanála (No. 2) [2025]...
Contractual Estoppel from Settlement Recitals Bars Post‑Settlement Challenges to Mortgagee’s Power of Sale Commentary on Donlon & Anor v Promontoria (Aran) Ltd & Ors [2025] IEHC 568 (High Court,...
O’Pray v R: Maturity Discounts for Young Adults and s.322 Uplifts to Murder Minimum Terms Clarified Introduction This commentary examines the decision of the England and Wales Court of Appeal...
No Bad Faith in Pressing for Preferred FRAND Forum Absent Legitimate Objection: ‘First Seised’ Not Determinative and Interim Licences Should Be Jurisdiction‑Neutral Case: Samsung Electronics Co. Ltd...
“Necessary in the Interests of Justice”: Supreme Court sets the framework for non‑party access to court audio records, notice to victims, and limits on dissemination — Smith v DPP (30 October 2025)...
Smith v The Director of Public Prosecutions [2025] IESC 42: Conditional, Purpose‑Limited Access to Court Audio and Transcripts under Order 123—No “Direct Line” from Open Justice to Record Access...
High Court’s Continuing Jurisdiction Over Child Arrangement Orders Despite Consent to District Court Variation 1. Introduction This commentary examines the decision of the High Court of Ireland...
Ambulatory Defined Terms and Deferred Consideration: “Reduction/Release” of a Zone of Influence—not Mere Permission—Triggers Payment; Rectification Requires a Proved Outward Accord Introduction In...
Consequences, Not Formalism: Return-Date Omission Not Fatal to Parliamentary Election Petitions; Retrospective Validation of Service Under CPR 6.15(2) Permitted Case: Moore v Royal Mail Group Ltd &...
Re D (Threshold Findings and Final Orders at IRH): No “Deemed Proof” of Threshold — Court of Appeal mandates express s.31(2) findings and adequate reasons; Standard Form Orders para 148 to be...
Late-stage amendments adding new professional negligence claims refused absent expert evidence and where limitation and prejudice concerns arise Introduction In Lunney & Anor v Canny & Anor...
Judicial Economy, Preliminary Issues and the Limits of Pathfinder Litigation: Meta Platforms Ireland Ltd v Data Protection Commissioner [2025] IEHC 631 1. Introduction The decision in Meta Platforms...