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  • Commentaries

vesting-of-trusts-at-death:-insights-from-waters& Case Commentaries


        Donnan v. Parole Board – Costs Consequences When a Statutory Body
        Moots Judicial-Review Proceedings by Corrective Action

Donnan v. Parole Board – Costs Consequences When a Statutory Body Moots Judicial-Review Proceedings by Corrective Action

Date: Jun 5, 2025
Donnan v. Parole Board – Costs Consequences When a Statutory Body Moots Judicial-Review Proceedings by Corrective Action 1. Introduction Donnan v Parole Board ([2025] IEHC 328) is a High Court...

“From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána”

“From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána”

Date: Jun 5, 2025
From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána 1. Introduction G.W. v. Commissioner of An...
Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation

Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation

Date: Jun 5, 2025
Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation Introduction In Tolan v Brindley...
“A Mortgage in Name Alone”:  The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched non-signatory spouse – Commentary on Bank of Ireland Mortgage Bank v. Murray [2025] IESC 24

“A Mortgage in Name Alone”: The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched non-signatory spouse – Commentary on Bank of Ireland Mortgage Bank v. Murray [2025] IESC 24

Date: Jun 5, 2025
“A Mortgage in Name Alone”: The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched...
Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial – Commentary on R v BSH [2025] EWCA Crim 706

Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial – Commentary on R v BSH [2025] EWCA Crim 706

Date: Jun 5, 2025
Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial A Comprehensive Commentary on R v BSH ([2025] EWCA Crim 706) 1. Introduction In R v BSH the Court of...
“Calibrating Cross-Examination in Summary Proceedings” – A Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor [2025] IEHC 351

“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:...
Murray & Unjust Enrichment: Supreme Court Narrows the Defences – Bank of Ireland Mortgage Bank v Murray & anor [2025] IESC 24

Murray & Unjust Enrichment: Supreme Court Narrows the Defences – Bank of Ireland Mortgage Bank v Murray & anor [2025] IESC 24

Date: Jun 5, 2025
Murray & Unjust Enrichment: Supreme Court Narrows the Defences Commentary on Bank of Ireland Mortgage Bank v Murray & anor (Approved) [2025] IESC 24 1. Introduction In Bank of Ireland Mortgage Bank v...
The DT Framework: Supreme Court Guidance on Proving Possession through Statutory Inferences (Director of Public Prosecutions v DT [2025] IESC 25)

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

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

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

“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

“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

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)

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

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...
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