| AIB plc v AIG Europe Limited and Ors [2019] 3 IR 650 | General principles governing pleadings and particulars. | Used to explain when particulars may be ordered and the consequences of failing to plead a positive case. [31][32] |
| Mahon v. Celbridge Spinning Co. Ltd. [1967] I.R. 1 | A party should know in broad outline the case it must meet. | Reflected in the principles governing adequate particulars. [33] |
| Cooney v. Browne [1985] I.R. 185 | Particulars may be ordered where a pleading is too general or imprecise. | Formed part of the general pleading principles adopted by the Court. [34] |
| Armstrong v. Moffatt [2013] IEHC 148 | Particulars cannot be used to obtain evidence. | Supported the distinction between material facts and evidence. [35] |
| James Elliott Construction Limited v. Lagan [2014] IEHC 547 | Oppressive or unreasonable requests for particulars should not be entertained. | Included in the Court’s statement of the applicable pleading principles. [36] |
| Pinson v. Lloyds and National Provincial Foreign Bank, Ld. [1941] 2 K.B. 72 | Particulars generally cannot be obtained of a denial. | Considered in explaining the relationship between denials and the burden of proof. [37][38] |
| Warner v. Sampson [1959] 1 Q.B. 297 | A denial and non-admission both put the opposing party to proof. | Supported the treatment of non-admissions in pleading. [37] |
| Duffy v. Ridley Properties Ltd. [2008] IESC 23 | A party may be prevented from advancing an unpleaded positive case. | Recognised as relevant to the possible consequence of failing to plead compliance facts. [39][32] |
| Moorview Developments Limited v. First Active plc [2005] IEHC 329 | A party must plead the facts it alleges, even if the opponent is said to know them. | Included in the Court’s explanation of the purpose of particulars. [40][41] |
| Thema International Fund plc v. HSBC Institutional Trust Services (Ireland) [2010] IEHC 19 | Witness statements and discovery may affect the timing and extent of particulars. | Referred to as part of the applicable principles, though not applied conclusively. [42][43] |
| Quinn Insurance Limited v. PriceWaterhouseCoopers [2015] IEHC 303 | The significance of surprise may be reduced where witness statements are exchanged. | Supported the discussion of particulars in commercial litigation. [42][44] |
| Playboy Enterprises International Incorporated v. Entertainment Media Networks Limited [2015] IEHC 102 | Particulars may have a more expansive role in complex cases. | Included in the general pleading principles. [45][46] |
| Weinberger v. Inglis [1918] 1 Ch 133 | The rule against particulars of a denial reflects the allocation of the burden of proof. | The Court adopted this rationale as explained in AIB. [38][47] |
| Mount Salus Residents v An Bord Pleanála [2023] IEHC 691 | Similar principles concerning denials and particulars. | Noted as consistent with the analysis in AIB. [48] |
| Koger v O'Donnell [2013] IESC 28 | An evidential burden may practically shift after a prima facie case is established, without shifting the ultimate legal burden. | Distinguished from the GDPR’s imposition of an ultimate burden concerning compliance. [49][50] |
| Hamoudi v Frontex (European Border and Coast Guard Agency), Case C-136/24 P | The burden of proof may require adaptation where necessary to ensure effective protection of rights. | Considered in relation to both evidential adaptation and the peculiar knowledge principle. [51][52][53] |
| SS v Valsts ieņēmumu dienests, Case C-175/20 | Under Article 5(2) GDPR, a controller must demonstrate compliance. | Supported the conclusion that the controller bears the burden concerning compliance with specific GDPR obligations. [54][55][56] |
| Meta Platforms, Case C-252/21 | A controller relying on necessity to justify processing bears the burden of proving it. | Supported the distinction between the claimant’s initial burden and the controller’s compliance burden. [57][58] |
| UZ v Bundesrepublik Deutschland, Case C-60/22 | The controller bears the burden of proving compliance under Article 5(2) GDPR. | Reinforced the general nature of the compliance burden. [59][60] |
| VB v Natsionalna agentsia za prihodite (NAP), Case C-340/21 | The controller bears the burden of proving that security measures were appropriate. | Applied as a strong example of a controller’s burden under the GDPR. [61][62][63][64] |
| ZQ, Case C-667/21 | In an Article 82 claim, the controller bears the burden concerning fault, while the claimant must establish infringement and damage. | Used to reject any suggestion that the controller bears the burden on every issue. [65][66][67][64] |
| TikTok v DPC [2026] IEHC 37 | A controller may be required to demonstrate GDPR compliance without an impermissible reversal of the burden. | Supported the Court’s conclusion concerning the burden on compliance. [68][69][70][71] |
| Campion v South Tipperary County Council [2015] 1 IR 716 | Principles governing preliminary trials. | The Court expressed reservations about the procedural suitability of the preliminary trial but proceeded to answer appropriate questions. [72][73][74] |
| LM v Commissioner of An Garda Síochána [2015] 2 IR 45 | The Court may decline to determine preliminary issues. | Relied on to decline Issues 1(e) and 3. [75][53] |
| Craughwell v Government of Ireland [2025] IECA 63 | Recognition of the court’s discretion concerning preliminary issues. | Referred to alongside LM. [75] |
| Re Custom House Capital Ltd [2011] 3 IR 323 | An ex parte order is provisional and may be revisited by an affected party. | Supported the Defendant’s ability to challenge the admissibility order. [76] |
| Mahony v Waterford, Limerick and Western Railway Co. | The peculiar knowledge principle may shift the burden where a matter is peculiarly within one party’s knowledge. | Used to explain the historical basis of the principle. [77][78] |
| Hanrahan v Merck, Sharp and Dohme [1988] ILRM 629 | The ordinary burden may shift where an essential matter lies pre-eminently within the defendant’s knowledge and capacity for proof. | Considered in defining the limits of the peculiar knowledge principle. [79][80] |
| Rothwell v MIBI [2003] 1 IR 268 | Mere difficulty of proof is insufficient; the matter must be within the defendant’s exclusive knowledge and capacity for proof. | Supported the conclusion that the issue required a factual matrix and could not be resolved abstractly. [81][82][53] |
| Data Privacy Stichting v Facebook Ireland, ECLI:NL:RBAMS:2023:1407 | The GDPR may alter the ordinary allocation of proof concerning controller compliance. | Referred to as consistent with the Court’s interpretation. [83] |