LAW IN PRACTICE
INTERVIEW
The Greenland question Cross-border protection for vulnerable adults
Irish Refugee Council CEO Nick Henderson
CLOSING ARGUMENT Irish is having a moment: will it last?
THE BAR
REVIEW VOL U M E 31 / NUMBER 4 / O CTO BER 2026
EU LEGISLATION SPECIAL EDITION
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CONTENTS 107
108
109
115
Message from the Chair
Editor’s note
News
News feature
EBA celebrates early career members Daniel O’Connell Lecture
Well-being and resilience in practice
117
xxvi
120
Interview
Legal update
Law in practice
A place of refuge
The Greenland question
126
131
135
Law in practice
Law in practice
Closing argument
Pay transparency
Cross-border protection for vulnerable adults
Irish is having a moment: will it last?
EDITORIAL BOARD Editor Helen Murray BL
The Bar Review The Bar of Ireland Distillery Building 145-151 Church Street Dublin DO7 WDX8 Direct: +353 (0)1 817 5025 Fax: +353 (0)1 817 5150 Email: communications@lawlibrary.ie Web: www.lawlibrary.ie
David Conlan Smyth SC Tom Flynn SC Clíona Kimber SC Paul McGarry SC Sean Ó hUallacháin SC Proinsias Ó Maolchalain SC Bairbre O’Neill SC Peggy O’Rourke SC Morgan Shelley SC Lydia Bunni BL Dearbhla M. Cunningham BL Liam Dockery BL Simon Donagh BL Arran Dowling-Hussey BL Mary-Paula Guinness BL Stephen Hanaphy BL Michael Kinsley BL Cian McGoldrick BL Catherine Needham BL James Nerney BL
Una Nesdale BL Emer Ní Chúgáin BL Tim O’Connor BL Michael O’Doherty BL Tanya Smyth BL Shirley Coulter, CEO Stephen Lowry, Director of Communications & Public Affairs Dearbhla Shirt, Web & Digital Officer Gary LaCumber, Law Library Vanessa Curley, Law Library Paul O’Grady, Publisher Ann-Marie Hardiman, Think Media
PUBLISHERS Published on behalf of The Bar of Ireland by Think Media Ltd Editorial: Caoimhe Coolican Ann-Marie Hardiman Paul O’Grady Design: Rebecca Bohan Tony Byrne Advertising: Paul O’Grady
Commercial matters and news items relating to The Bar Review should be addressed to: Paul O’Grady The Bar Review Think Media Ltd, The Malthouse, 537 NCR, Dublin D01 H2F5 Tel: +353 (0)1 856 1166 Email: paul@thinkmedia.ie Web: www.thinkmedia.ie
www.lawlibrary.ie Views expressed by contributors or correspondents are not necessarily those of The Bar of Ireland or the publisher and neither The Bar of Ireland nor the publisher accept any responsibility for them.
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
106
MESSAGE FROM THE CHAIR
WHY HUMAN JUDGEMENT STILL MATTERS As a new legal term begins, the new Chair sets out the case for an independent Bar.
I
competing arguments, scrutinising power, and
efficiency, convenience and social control. Citizens
precedent nor technology can provide a complete
were conditioned to avoid deep thought, difficult
answer. It also depends upon decision-makers who
questions and dissent. Stability was secured not
can be held accountable for their judgements. I
through oppression, but through the gradual
remain confident that, while our profession will
surrender of critical judgement. Nearly a century later,
continue to evolve, the need for independent
we face new questions about the relationship
advocates,
between artificial intelligence (AI) and the role of
representation will endure. In an age of AI, human
human judgement. Huxley was not writing about
judgement may prove more valuable than ever.
n 1932, Aldous Huxley published Brave New World, his dystopian vision of a society built upon
exercising judgement in situations where neither
advisers
and
skilled
modern technology, but about the dangers of a
Séamus Clarke SC
If judgement remains central to the administration
society that prizes convenience above critical thought.
Senior Counsel, Barrister – Member of the Inner Bar
of justice, then our task is not merely to defend its
Chair of the Council of The Bar of Ireland
importance in principle, but to ensure that it
That concern remains strikingly relevant today. For lawyers, that question is particularly important.
remains available in practice. An independent Bar
The administration of justice is rarely convenient. It
107
trusted
can only serve the public interest if citizens have
requires difficult questions to be asked, assumptions
The work of a barrister has never consisted merely in
meaningful access to legal representation and to
to be challenged and competing interests to be
the transmission of information. It demands analysis,
the courts themselves.
balanced. The law exists because human affairs are
discretion, persuasion, and ethical responsibility. It
As I begin my term as Chair, one of the enduring
complex, requiring careful judgement where certainty
requires decisions about competing rights and
problems we face is the urgent need for reform of
is elusive. Few now doubt that AI will fundamentally
interests where certainty is often elusive and where
civil legal aid and the long-term sustainability of
alter aspects of legal practice. Before asking how
reasonable minds may legitimately disagree.
criminal legal aid. No more than healthcare or
technology might change the profession, however, it
The history of the Irish Bar provides powerful
education, the justice system is not an optional
is worth asking a more fundamental question: why
examples of the importance of independent
service that can be neglected when resources are
does the profession exist in the first place?
judgement. From John Philpot Curran’s defence
scarce. It is fundamental to the functioning of the
The answer lies not in technology, but in the nature
of civil liberties to Mary Robinson’s advocacy for
State and to the health of a civil society. The
of democratic society itself. The rule of law depends
constitutional rights, the profession’s greatest
challenges facing civil legal aid are no longer matters
not merely on courts and legislation, but on
contribution has rarely been the recitation of
of debate; they are matters of record. Eligibility
institutions capable of ensuring that power is
legal rules. It has been the exercise of
thresholds exclude many who cannot realistically
challenged, rights are vindicated, and justice is
independent judgement and skilled advocacy in
afford representation. Remuneration levels now fall
accessible. Among those institutions, the independent
the service of justice. Those qualities are no less
well below what is necessary to sustain long-term
referral Bar occupies an indispensable place. Its
essential in an age of AI than they were in the
participation by advocates in this essential area.
importance does not depend upon the technology of
time of Curran or Robinson.
Throughout my years in practice, some of the finest
any particular age but on the continuing need for
The administration of justice ultimately depends
advocacy I have witnessed has been delivered in
independent judgement in the service of justice.
upon independent minds capable of weighing
legally aided cases. The quality of representation
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
EDITOR’S NOTE
EUROPEAN
available to a citizen should never depend upon financial means. Rights have little practical value if the means of enforcing them are beyond reach.
MATTERS
While progress has been made in recent years on criminal legal aid fees, including the restoration of FEMPI-era reductions, further work remains necessary. If the link with public service pay agreements is not restored, the real value of criminal legal aid fees will be continuously eroded. The Council will continue to engage on legislative
This edition places a special focus on legal and political developments at EU level.
and policy reforms affecting access to and the administration of justice. The Bar has a vital role to play in public debate. It reflects the experience of practitioners who are uniquely placed to identify the practical consequences of legal and policy change. Whether the issue concerns judicial review, family justice, legal aid reform, or emerging technologies, the Bar has both a role and a responsibility to contribute constructively to the national conversation. Before concluding, I wish to acknowledge the contribution of my predecessor, Seán Guerin SC, to that conversation. Over the past two years, Seán
Helen Murray BL
provided thoughtful and effective leadership at a
Editor
time of significant challenge and change for our
The Bar Review
profession, leaving a strong foundation upon which we can continue to build. I am grateful for his service, counsel and friendship. The enduring value of the independent Bar lies in its continuing capacity to exercise judgement with independence, accountability, integrity and skill in the service of justice. In an age increasingly shaped
T
o coincide with Ireland hosting the
and Joseph Bradley BL highlight the
Presidency of the Council of the
challenges and obligations for Irish
European Union, this edition of
employers in light of the EU Pay
The Bar Review has an EU theme.
Transparency Directive.
by AI, that responsibility extends beyond
Colleague and MEP Cynthia Ní Mhurchú
The Irish Refugee Council is this year’s
representing individual clients. It includes defending
has written about her experience of using
recipient of The Bar of Ireland Human
the habits of critical thought, reasoned argument
Irish as a working language in the
Rights Award and its Chief Executive Nick
and independent judgement upon which the rule of
European Parliament.
Henderson is the subject of this month’s
law itself depends. If Huxley was right to warn that
Cathy Duggan BL and Laoise Mangan BL
interview. He is frank about the impact of
convenience can become a substitute for thinking,
have written a comprehensive article on
the Covid-19 pandemic and more recent
then the enduring task of the independent Bar is to
the latest developments in EU law
global political change on the number of
ensure that justice is never reduced to convenience
regarding vulnerable adults and decision-
refugees arriving in Ireland, and the nature
alone. Law requires judgement, independence, and
making. Niamh Ní Aonghusa BL examines
of their treatment by the State.
the willingness to confront difficult questions.
the position of Greenland in the current
Finally, The Bar Review would like to
Whatever advances the future may bring, those
global political landscape and in the
extend a warm welcome to all our new
qualities will remain indispensable to the
context of the EU Treaty’s mutual defence
members, and to wish them well at the
administration of justice, the rule of law and,
and assistance clause.
beginning of this exciting chapter in their
ultimately, a free society.
Then, onto brass tacks: Cathy McGrady BL
working lives.
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
108
NEWS
Specialist Bar Association news Sovereignty and seeds
Do no harm
In collaboration with the Irish Seed Savers
On Wednesday, June 17, the Immigration,
Association, the Climate Bar Association hosted
Asylum and Citizenship Bar Association
an event on June 12, focussing on a
(IACBA) held an event titled ‘Do no harm:
development in EU law that may allow for Irish
working with clients in crisis’. The event offered
heritage seeds to be shared – something that
guidance to practitioners on how to work with
is otherwise restricted under common market
vulnerable clients – as well as looking after
regulations. The first session comprised a
themselves in the process. Chair of the IACBA
presentation and discussion where attendees
Aoife McMahon BL moderated the session,
heard from both barristers and a representative
which heard from speakers Dr Joan Giller, Dr
from the Irish Seed Savers Association. The
From left: Laura Hogan BL; Molly Higgins BL; Liam
Fiona McKenna, and Dr Patrick Bracken. The
second session focussed on how environmental
Vanmechelen BL; Elaine Bradley, Irish Seed Savers
range of experience of the expert speakers –
law can do better to benefit rural communities.
Association; and, Donnchadh Woulfe BL.
from mental health, to obstetrics, general
Overall, attendees gained an insight on past challenges, while identifying practical ways to improve
practice and more – gave attendees many
environmental outcomes and support rural communities in tandem.
different perspectives on the topic.
Dublin Dispute Resolution Centre Ireland’s premier dispute resolution venue At the DDRC, we take pride in delivering exceptionally high-quality meeting spaces and supplementary services in close proximity to the Four Courts complex. Key features of our centre Neutrality: DDRC serves as a neutral venue for all parties. Conveniently located in the heart of Dublin's legal community, we are easy to access.
Prime location: on the first floor of the Distillery Building, DDRC offers the perfect setting for consultations, arbitrations, mediations, and settlements.
Fully serviced and accessible for all users: we take care of all your business needs. DDRC guarantees a seamless, positive experience.
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CONTACT US NOW FOR MORE DETAILS Distillery Building, 145-151 Church Street, Dublin D07 WDX8, Ireland. Tel +353 (0)1 817 5277, Email: ddrc@lawlibrary.ie www.dublinarbitration.ie
109
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
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NEWS
EBA celebrates early career members The Employment Bar Association (EBA) brought attention to young Bar members in its symposium on June 19. Before this event, six early career members were chosen to write papers on different topics pertaining to employment law. These members were mentored by senior barristers and then presented their work at the symposium. The papers covered a multi-faceted range of topics – from the right to request hybrid/remote working, to emerging litigation Paola Alejandra Léon BL at the EBA Symposium.
Adam Elebert BL presenting at the EBA Symposium.
employment cases since Karshan, unfair
workplace. The event gave newer members the
to an audience, and was followed by networking
dismissals, and AI-driven decision-making in the
experience of preparing and presenting a paper
in The Sheds.
trends and procedure in the Workplace Relations Commission. Also touched on were self-
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111
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
BROUGHT TO YOU BY
NEWS
Changing planning landscape The first half of the year brought about significant changes in planning law, including commencement of sections of the 2024 Act, the publication of the Critical Infrastructure Bill 2026, and the coming into force of the Planning and Development (Costs of Part 9 Judicial Review Proceedings) Regulations 2026, meaning that there was much to discuss for the Planning, Environment and Local Government Bar Association at its Annual Conference on July 3. Hosted at the Dublin Dispute Resolution Centre, attendees heard reflections on the Climate Act, updates on planning enforcement, recent judgments of the Court of Justice of the European Union, and
From left: Alex White SC; Tom Flynn SC; Rosalind O’Connell BL; and, Mr
Alan Keating SC addressing the
the Planning and Development Act 2024.
Justice Richard Humphreys.
recent PELGBA conference.
Michelle Farrell
Fionnghuala Burns
Fee Recovery Manager Ext: 5053 feerecovery@lawlibrary.ie
Fee Recovery Administrator
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
112
NEWS
Effective mortgage enforcement
ICBA in Limerick The Irish Criminal Bar Association’s Annual took Strand
(ICBA)
Conference place
at
the
Hotel
in
Limerick on Saturday, July 18. Limerick was the topic of one of the On June 24, the Financial Services Bar Association and the Corporate and
presentations by Amy Nix BL, who spoke on the history of criminal practice in
Insolvency Bar Association held a joint event titled ‘Effective Mortgage
Limerick. Other speakers included Ms Justice Siobhan Lankford, Ms Justice
Enforcement from Default to Recovery’. The seminar aimed to inform
Úna Ní Raifeartaigh, John Berry SC, Maurice Coffey SC, John Colthurst BL,
attendees of the suite of enforcement mechanisms available to
and Dr Mary Phelan. The presentations centred around criminal law – including
practitioners. At the end of the presentation, participants understood the
social media and the law of evidence, criminal practice in the European Court
key elements of effective mortgage enforcement from default to recovery.
of Human Rights, and Irish law and mental disorder. The event was followed
The event was followed by food and drink at The Sheds.
by the ICBA’s AGM and a gala dinner.
Civil Legal Aid campaign
Human Rights Conference
On Friday, September 4, a coalition of organisations representing those who rely on, work within and advocate for Ireland’s civil legal aid system called on the Government to make meaningful investment in civil legal aid a priority in Budget 2027 to allow for comprehensive reform of the system. Séamus Clarke SC, incoming Chair of the Council of The Bar of Ireland, said: “This coalition brings together
organisations
with
different
perspectives but a shared objective: ensuring that the civil legal aid system is an effective and sustainable service. Government has already received detailed recommendations from the
From left: Mr Justice Micheál P. O’Higgins; Saoirse Brady, Irish Penal Reform Trust; Simon Donagh BL, Chair,
Independent
Bar of Ireland Human Rights Committee; Brian Storan BL; and, David Perry BL.
Review
Group.
The
recommendations now need to be urgently
On Saturday, June 20, the Human Rights Committee of The Bar of Ireland held its annual conference,
implemented. Budget 2027 must mark the point
with this year’s event titled ‘Human Rights for All?’. The first panel was on ‘Prisoners and Conditions
where action is taken”.
of Detention’, the second on ‘Child Protection’, and the third on ‘Current International Human
The Bar of Ireland believes that without urgent
Rights Concerns’. At this sold-out event, attendees heard from many expert speakers, including
action, high levels of legal need among
representatives from the UN, the Seanad, the judiciary, and the Irish Penal Reform Trust. To draw
disadvantaged groups will continue to go unmet,
the day to a close, Simon Donagh BL, Chair of the Committee, awarded the Irish Refugee Council
delays will continue to increase, pressures on the
with The Bar of Ireland Human Rights Award. CEO Nick Henderson accepted the award on behalf
courts will grow, and those who depend on civil
of the organisation (an interview with Nick Henderson appears on page 117 of this edition).
legal aid will bear the consequences.
113
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
NEWS
The Bar of Ireland internship Eight aspiring legal professionals have completed The Bar of Ireland’s 2026 Barrister Internship Programme, following a unique behind-thescenes insight into life at the Bar and Ireland’s legal system. The Programme, now in its second year, doubled in size this year and welcomed eight interns from universities across Ireland for an intensive two-
Mark McNally from Co. Meath (centre) receiving his
Interns Éabha Cosgrove and Bhadra Panicker from
week
certificate from Seán Guerin SC and Joy-Tendai
Trinity College Dublin.
placement
focused
on
advocacy,
legal research, professional development, and
Kangere BL.
court practice. Established to improve access to the profession,
opportunities for students of all backgrounds to
exposure to court work and one-to-one
the Internship Programme provides practical
explore the barrister career path through direct
engagement with practising barristers.
Daniel O’Connell Lecture On July 13, The Bar of Ireland was honoured to welcome Michael McGrath, European Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection to deliver the 2026 Daniel O’Connell Lecture. The lecture honours the legacy of Daniel O’Connell and provides a forum for discussion
From left: Cliona Cleary BL; Seán Guerin SC, then Chair, Council of
EU Commissioner Michael McGrath
on contemporary issues relating to democracy,
The Bar of Ireland; and, Michael McGrath, European Commissioner
delivering the 2026 Daniel O’Connell
justice, human rights, and the rule of law.
for Democracy, Justice, the Rule of Law and Consumer Protection.
Lecture.
Chair of the Council of The Bar of Ireland,
Daniel O’Connell’s commitment to the rule of
State Bar Committee, brought the evening
Seán Guerin SC, opened the session,
law and the resonance that this still holds
to a close, thanking the Commissioner for
introducing the Commissioner, who spoke on
today. Cliona Cleary BL, Chair of Civil
his insights.
Pensions advice Advisers from The Bar of Ireland Retirement Trust Scheme, operated by Marsh, will be in the Law Library offering a series of clinics during October and November. Here are the details: Date
Location
Room
Distillery Building, 145/151 Church St
Room 10
Tuesday, November 17 – 10.00am-2.30pm
Church St Building, 158/159 Church St
Room C
Wednesday, November 18 – 10.00am-2.30pm
Distillery Building, 145/151 Church St
Room 10
Wednesday, November 18 – 10.00am-2.30pm
Law Library, Four Courts, Dublin 7
Remote Room 2, ground floor
October 31, 2026, deadline Friday, October 30 – 10.00am-2.30pm November 18, 2026, deadline:
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
114
NEWS FEATURE
WELL-BEING
AND RESILIENCE
PRACTICE
IN
As the new legal year begins, whether you are just starting your career or in an established practice, all members are encouraged to build well-being and self-care into their routines.
working hours, expectations of clients and others, organisational culture, isolation, and vicarious trauma. There can be an assumption that much of this is unavoidable and ‘comes with the territory’. We hear a lot about resilience, but very often it’s not clear what exactly that term means. While the stressors mentioned above are a reality of the profession, burning out because of them doesn’t have to be. Often, resilience is interpreted, unhelpfully, as endurance. Perhaps a more useful way to think about resilience is that it is not about pushing through without breaking,
Patrick Ryan EDI & Wellbeing Coordinator
avoiding difficulty or feeling positive all the time, but about adapting, recognising when things are changing, and taking steps to navigate challenges effectively while sustaining both performance and well-being.
A
sustainable career at the Bar depends not only on your professional skill, but also on the habits and
Recognising changes in your well-being
supports that build resilience to help you to meet the
Mental well-being is not a binary state – we are not simply well or unwell. Instead, we
demands of practice. Supporting member well-being is a
respond to our environments, those around us, and the challenges of work and life
priority at The Bar of Ireland. The Equality & Resilience
moving through a continuum of varying degrees. This can take us from being ‘healthy’
Committee
members,
to ‘reacting’ or ‘injured’ (i.e., stressed, anxious, depressed), to unwell or seriously ill.
supported by a dedicated Equality, Diversity, Inclusion (EDI) &
leads
well-being
initiatives
for
For example, following a difficult case, you may notice increased irritability, disturbed
Wellbeing Coordinator.
sleep, or difficulty concentrating. Recognising these changes early can help you to take steps to recover before stress becomes overwhelming.
115
What is resilience?
Thinking about mental health and mental well-being as a continuum invites us to check
Common stressors in the profession include workload, long
in with ourselves: How am I feeling today? What has changed? How long have I been
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
NEWS FEATURE
feeling this way? What support might help? Who can I talk to? These
Supports
prompts are for reflection and conversation. By asking these questions, we
We can support one another too. A colleague may be struggling even when
can start building a more resilient mindset and approach to our mental well-
they appear to be coping. A simple, private check-in can be powerful: describe
being. They also allow us to understand where we might be on the
what you have noticed without judgement, ask an open question, listen, and
continuum and take actionable steps to return to a healthier place.
follow up. We need not have all the answers; we can help someone to consider what support would be useful and connect with appropriate help.
The Four Rs of resilience
There are many supports to turn to when self-care is not enough. All members
A useful framework for practising resilience, and checking in with yourself,
can avail of subsidised one-to-one psychotherapy services with The
is The Four Rs.
Clanwilliam Institute. Regular well-being events and information sessions are delivered during the legal year, and you can stay updated through the In Brief
Realisation – understanding that your work can involve difficult
newsletter, digital screens and social media, and the member well-being page
interactions, distressing material, and challenging conversations.
for the latest information. The member portal (link below or scan the QR code)
Acknowledging and accepting that reality as a first step helps us to be more
contains more information and is updated regularly.
thoughtful about the support we may need. Reaching out and getting support is not a failure of resilience. It is one way Recognition – as mentioned above, note changes in your behaviour and
of practising it.
thinking. Has your engagement, memory or emotional state changed? Do certain events, people or interactions influence these changes? Can you recognise yourself moving through the mental well-being continuum?
Bar of Ireland well-being supports <Mental Health & Wellbeing – Law Library>
Respond – take steps to make change. Even minor adjustments can have big, lasting impacts. Small, repeatable practices can help us to notice what we need. Simple strategies such as taking a walk, getting enough sleep, physical or creative activities, mindfulness, breathing, and setting
For information about mental health supports and services in Ireland, go
manageable goals can all support mental well-being.
to yourmentalhealth.ie or call 1800 111 888. For free, anonymous text support, contact services by texting HELLO to
Reinforcement – resilience is a behaviour. It’s less about stoicism, and more
50808.
about adaptability. Practise those things that destress you. Set boundaries
For confidential crisis support contact Samaritans on 116 123.
and build a trusted network. Make use of the resources available to you,
In an emergency, call 112 or 999, or go to the nearest Emergency
both internally at the Bar and externally.
Department.
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
116
INTERVIEW
PLACE OF REFUGE A
The Irish Refugee Council is this year’s recipient of The Bar of Ireland Human Rights Award. CEO Nick Henderson speaks about the organisation’s work in challenging times. From left: Wendy Muperi, Communications Officer, Irish Refugee Council; Seán Guerin SC, then Chair, Council of The Bar of Ireland; Nick Henderson, CEO, Irish Refugee Council; and, Simon Donagh BL, Chair, The Bar of Ireland Human Rights Committee.
staff in a time of quite significant challenges. It came in the same month as the transposition of the EU Migration and Asylum Pact into Irish law [in the form of the International Protection Bill 2026]. It was a real honour to receive it”.
Advocacy and services The IRC might be best known for its advocacy, speaking out and lobbying Government to
Ann-Marie Hardiman, Managing Editor, Think Media
vindicate the rights of the people it supports, but it also offers numerous services and programmes, including an information and advocacy service, a weekly homeless drop-in clinic, and a range of services around what Nick calls the four pillars of integration: education,
117
I
employment, youth work, and housing. He says that the two strands are closely linked: “We do
Award was presented at the Bar’s Human Rights Conference in
your ability to see and understand what’s going on on the ground. And if you’re only doing
June, in recognition of the IRC’s contribution to the promotion and
services, that can mean that you’re not bringing issues to the attention of relevant stakeholders.
protection of the rights of refugees and people seeking international
It’s in our mission and in our memorandum and articles as a charity to provide those services, but
protection in Ireland. Speaking in the IRC’s premises in Killarney St in
also to advocate for change”.
Dublin’s north inner city, CEO Nick Henderson says the Award meant
That work reaches right across the country: “One of our values is partnership. Our work has
a great deal to the organisation, and the people who work there: “We
radically changed in the last five years. Coinciding with, and ultimately because of the increase
were delighted and honoured to receive it, firstly because of the
in the number of people seeking protection and refuge in Ireland, and that includes people from
organisations that have received it in the past – it’s an honour to be
Ukraine, there’s been a large number of organisations, individuals and volunteers who’ve stepped
aligned with them. Secondly, we have great respect for the Bar
forward and are supporting people across Ireland. One of our roles, and I hope we fulfil it, is to
Council, and we work with barristers every day. I also think it’s a
support and listen to and learn from those organisations, and give them insight and expertise
recognition of the work that we do and it meant a huge amount to
that we may have as well”.
n June of this year, The Irish Refugee Council (IRC) became the latest recipient of The Bar of Ireland’s Human Rights Award. The
advocacy and we do services, and I think that’s important. If you’re only doing advocacy, it hinders
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
INTERVIEW
Global change, local impact
and counsel, to have the opportunity and time to give meaningful support to
Nick’s talk of radical change in the last five years is no exaggeration: the climate in
people. We’re also concerned about the crucial safeguards within that law, for
which the IRC operates is worlds away from when the organisation was established
example, the Child Representative Service and the Vulnerability Assessment, which
in the early 1990s, and more recent global events have changed that landscape
are two mechanisms where we can protect and support people. We have questions
even further. The Covid 19 pandemic, the return to power of the Taliban in
around who is providing those services, and their efficacy and effectiveness.
Afghanistan, and the invasion of Ukraine all placed particular pressures on the IRC’s
Ultimately, without sounding hyperbolic, we are concerned about where
staff and resources. Then from around 2022-23, there was an increase in the number
independent civil society organisations sit in this. More than ever there is the need
of people seeking protection in Ireland. Says Nick: “That meant a big demand on
for organisations to provide services and to take what we see through our services
our services, a greater public attention on this issue, and it also coincided with the
and communicate that clearly to Government and decision-makers. And because
Government’s policy of not providing accommodation to men on arrival, which
of the speed of the system, because the system is, in a way, behind closed doors in
meant a very public manifestation of this issue in terms of people sleeping rough
City West, we are still trying to establish what the general experience is of somebody
on Dublin streets”.
going through that system”.
These events also come at a time when global political change is making it more
He references one example that is particularly relevant to legal professionals working
and more difficult for human rights organisations to operate as they might have
in this sphere: “A person’s asylum decision, the reasons why they are found not to
done in the past: “You can look at things like the prominence and public attention
be a refugee, are given to an asylum seeker on what’s called the digital portal.
the issue of immigration gets, just as the world is experiencing more conflict and
They’re not given to the legal representative, so the legal representative would have
humanitarian challenges than ever. I heard them described recently by David
to check with their client as to the reasons why they’ve been found not to be a
Milliband, the head of the International Rescue Committee. He said that just as
refugee. We’re concerned that in a process that is very quick, and where the gravity
the world is experiencing more shocks, the shock absorbers that are in our world
of the decision is so significant, that legal representation is as important as ever,
are decreasing, be that local humanitarian organisations, international NGOs, and
and legal representatives should have the same materials that have been given to
so forth. Linked to that is the US Trump administration’s basically closing down
their client”.
USAID, which meant that big international humanitarian institutions lost huge
There was in fact no obligation on the Irish Government to transpose the Pact, and
amounts of funding, and that includes UNHCR. It’s important to remember that
Nick says that there’s an argument to be made that many elements of the new Act,
the majority of refugees in the world remain close to their country of nationality,
which runs to 313 sections (over 1,000 pages), go beyond the Pact, such as the
and countries in the Global South remain the main provider of refuge. But there’s
sections dealing with family reunification, which place onerous demands on a
no doubt that these changes flowed all the way through to Europe and then also
refugee in terms of timelines, financial thresholds and social welfare payments.
through to Ireland”.
Ultimately, he says that the IRC’s position is that the Pact represents “a floor, not a
So how does this translate into challenges on the ground?: “We are very concerned
ceiling”, and a broader, more human rights-compliant approach could and should
about the situation of people who are in the international protection system. We
be taken: “We continue to call for that, and we continue to monitor its
have a new system since June, but there are still nearly 32,000 people in IPAS
implementation, insofar as it’s possible. This is a huge raft of law, and it will take a
accommodation, including nearly 10,000 children, and we’re concerned about the
while for us to observe the detail as it flows through. I really hope that the
situation and supports and services that those children in particular can access, and
Government values the experience of civil society organisations in this space and
their parents and families”.
the experience of legal representatives, including barristers, who see on a day-today basis how policies and laws are implemented and affect people”.
Transposing the Pact Those changes in June are a result of the enactment of the International Protection
The power of independent law
Bill 2026. As mentioned earlier, this legislation is Ireland’s transposition of the EU
The IRC also operates its Independent Law Centre, staffed by solicitors Katie
Migration and Asylum Pact. Numerous civil society organisations, including the IRC
Mannion and Virginija Petrauskaite, legal officer Heidi Holden, and trainee solicitor
and The Bar of Ireland, have raised significant concerns in submissions to
Hayley Dowling. The team offers a range of legal services, from early legal advice
Government, and in the media, regarding the new bill, and while it’s only been three
for those just beginning their interaction with the system, to working with children
months since its enactment, a picture is beginning to emerge that unfortunately
seeking asylum whose age has been disputed by the State, and work around family
seems to vindicate these concerns: “One of the features of the new law is extremely
unification. The Centre also took a successful legal action this year against the
fast processing. We’re concerned about the ability of legal representatives, solicitors
Government, which went all the way to the Court of Justice of the European Union
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
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INTERVIEW
(CJEU), challenging the policy of not providing accommodation to people seeking
foundations made of sand. We have a housing crisis, as afflicts much of Europe.
protection: “The policy of non-accommodation began in January ‘23 and we
We have a cost of living crisis, and we have social media algorithms that
brought proceedings soon after that. The case was in our favour, but we also sought
perpetuate ultimately negativity and at worst hate. Trying to communicate to
damages for our clients for the harm that they suffered while homeless. The High
people on the issue of migration and refugees when we’re sitting on those things,
Court referred that to the Court of Justice as to whether the Government would
it’s going to be very difficult”.
have any defence to an application for damages. Ultimately, the decision was in our
Ultimately though, it’s about a focus on the positive: “As much as possible, we
favour, and found that there was a clear obligation on member states to provide
should be engaging with our work always in an optimistic and courageous way. The
reception conditions to a person seeking protection who doesn’t have the means
power and the courage of the people that we work with, the communities across
to provide for their own support. The State couldn’t use a defence of being
Ireland and individuals who are willing to step forward and help people, and the
overwhelmed. That was really significant, and it’s of huge credit to our two solicitors,
idea of human rights, the solemnity and importance of human rights: those things
the clients, the people affected, and also Colm O’Dwyer SC and Colin Smith SC,
do and should always inspire us to go into work each day with hope that we can
who were our counsel”.
achieve our impact and change people’s situations”.
Nick believes that judgments such as this show clearly the vital and enduring importance of the rule of law in defending human rights: “It shows that the rule of
Teaching and learning
law should be respected, that governments, including Ireland, have legal obligations
Originally from Edinburgh, Nick Henderson’s
in this area, and they can’t be overridden or ignored”.
interest in human rights began during a stint teaching English to children in a Palestinian
Integration, not division
refugee camp in Lebanon in 2001. Roles
It’s striking that one piece of legislation could be said to reduce human rights, while
with the Jesuit Refugee Service, Migrant
another legal setting upholds them. It’s indicative perhaps of wider political and
Rights Centre, and Amnesty International,
global tensions in this area, from which Ireland is certainly not exempt, as Nick says:
among others, followed, before he took up
“Human rights are under pressure. I think Ireland internationally has always been
the role of IRC CEO in 2016. He completed
very strong on the rule of law. Nationally, and domestically, I think it’s much less of
119
the Diploma in Legal Studies at the King’s
a clear picture”.
Inns in 2013, and the Barrister at Law degree in 2015. The decision to do this
There is undoubtedly a significant focus on immigration among politicians and
came from a period working as a legal representative in the UK for individuals
the media both in Ireland and beyond, often amplified by the all-pervading
seeking asylum: “In the UK, you can be a legal representative without being a
influence of social media. For human rights organisations, and of course for the
solicitor or a barrister. You’re accredited, you take exams to give you
people they support and represent, these are difficult and challenging times. So
accreditation, and that gives you, in effect, rights of audience before the
how does an organisation like the IRC respond? There is certainly a role in
Asylum Tribunal. The experience of teaching children and learning from
countering some of the narratives: “There is, and we’re trying to explore this, a
children, but also later on that experience of representing people before the
need for organisations like ours to consider how we communicate. I’m concerned
Tribunal, was a really interesting mix. In particular, representing people before
at the degree to which there’s a self-fulfilling prophecy element of this, that
the Tribunal, which wasn’t easy, but was interesting, challenging, and very
politicians are perhaps further to the right of the wider population than they
rewarding at its best, was what has continued to lead me here. Learning from
think they are, and that they could be leading us to believe that there’s problems
and being with people from different backgrounds and cultures, assisting them
with this issue greater than there are”.
as much as I can, and advocating for them in systems that are often designed
He cites the recent proposed changes to citizenship rules here, which will make
to undermine their rights as opposed to recognising their rights, is what keeps
becoming an Irish citizen more difficult and onerous, as an example of a possibly
me in this job”.
disproportionate response: “We would love to say this to the Minister directly in
In his spare time, Nick enjoys sea swimming and takes part in races organised
a face-to-face meeting, and we’ve asked for one, that there is a risk that if you
by Leinster Open Sea. He’s also a big advocate for saunas: “I think they’re the
continually describe something as a problem, or as a threat to social cohesion,
best processor of stress, one of the best at least, out there”.
then elements of the public will think, oh, hang on, there is actually an issue
He also loves spending time with his three children (“They keep you honest
here, whereas a good communication campaign, an integration strategy, which
and enjoying life”), watching football (he’s a Hearts fan), and the family is just
we don’t have, would be helpful. But the bigger point is that we’re standing on
back from a trip to the Edinburgh Festival.
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LEGAL
U P D AT E VOLUME 31 / NUMBER 4 / OCTOBER 2026
A directory of legislation, articles and acquisitions received in the Law Library from May 22, 2026, to September 18, 2026 Judgment information supplied by vLex Justis Ltd. Edited by Vanessa Curley, Susan Downes and Clare O’Dwyer, Law Library, Four Courts
ADMINISTRATIVE LAW Administrative law – Judicial review refusal – Refusal of legal aid – Civil Legal Aid Act 1995, ss.24,28,30,37 – European Convention on Human Rights Act 2003, s.3 – Applicant seeks leave to apply for judicial review of the respondent’s refusal to grant legal aid for proposed proceedings alleging defamation, false imprisonment and breaches of constitutional and Convention rights – Whether the respondent’s refusal of legal aid, including the appeal decision, was irrational, procedurally unfair, or failed to vindicate the applicant’s constitutional and Convention rights – 05/08/2026 – [2026] IEHC 571 Walsh v Legal Aid Board Articles Biehler, H. The rule against bias – recent developments. Irish Law Times 2026; 44 (1): 4-8
ADVOCACY Library acquisitions Lyons, P. Advocacy: A Practical Guide (2nd ed.). London: Wildy, Simmonds and Hill Publishing, 2026 – L93
ARBITRATION Arbitration law – Evidence assistance order – Arbitration Act 2010, ss.6,9,15 – Rules of the Superior Courts (RSC), Ord.56, r.4(4) – Claimant/counterrespondent sought recognition and effect of the arbitrator’s Letter of Request and orders compelling a witness in Ireland to attend, give deposition testimony, and produce documents for use in a pending arbitration in the United States – Whether the High Court should recognise and give effect to the arbitrator’s Letter of Request
and make orders compelling and regulating the taking of evidence from the proposed witness within this jurisdiction – 08/07/2026 – [2026] IEHC 555 TikTok Inc v Rosendin Electric Inc
ARTIFICIAL INTELLIGENCE Articles Byrne, R. Case law and guidance on gen AI hallucinations: we have been warned. Irish Law Times 2026; 44 (3): 27-36 [part 1]; Irish Law Times 2026; 44 (4): 39-46 [part 2] Campbell, F., Gillan, S. Where two worlds collide. Law Society Gazette 2026; Aug/Sept: 22-29 Corcoran, S. David v Goliath. Law Society Gazette 2026; Jul: 36-39 Martin, B. Agents of change. Law Society Gazette 2026; Jun: 24-27 Perdisatt, G. Ghost in the machine. Law Society Gazette 2026; Aug/Sept: 30-33 Suttle, O., Dr. Judge Dread? Law Society Gazette 2026; Jul: 24-29
ASSIGNMENT Library acquisitions Smith, M., Mulheron, R., Leslie, N., Hughes, G. Smith on the Law of Assignment (4th ed.). Oxford: Oxford University Press, 2026 – N102.2
BANKING Bankruptcy law – Dismissal of bankruptcy summons – Validity of bankruptcy summons and underlying debt – Bankruptcy Act 1988, ss.8(1),8(5),8(6) – European Communities (Late Payment in Commercial Transactions) Regulations 2012 – Applicant seeks to have a bankruptcy summons set aside or dismissed on grounds including the alleged illegality of the facility and guarantee, incorrect calculation of debt, discharge of liability and abuse of process by the creditor – Whether the applicant established a real and substantial issue to be tried in respect of the debt or demonstrated abuse of process to warrant dismissal of the bankruptcy summons – 13/08/2026 – [2026] IEHC 585 Herbert Street Property Finance Unlimited Company v McKillen Junior
BUILDING LAW Library acquisitions Uff, J. Construction Law: Law and Practice Relating to the Construction Industry (14th ed.). London: Sweet & Maxwell, 2025 – N83 Ramsey, V., Hughes, S., Stansfield, P. Keating on Construction Contracts (12th ed.). London: Sweet & Maxwell, 2025 – N83.8 Articles Dooley, E. Building on precedent: jurisdictional implications of recent case law in construction adjudications. The Bar Review 2026; 31 (2): 58-62
CHILDREN Child protection law – Civil contempt finding – Child Care Act 1991, ss.23B,23F – Child and Family Agency Act 2013, s.53 – Plaintiffs sought a declaration that the Child and Family Agency was in contempt of court for failing to comply with special care orders made in respect of the three children – Whether the Child and Family Agency’s admitted breach of special care orders, notwithstanding its asserted good faith efforts to comply, amounted to contempt of court warranting declaratory relief – 31/07/2026 – [2026] IEHC 561 N(L), N(C) and D(L) v Child and Family Agency and ors Library acquisitions Trimmings, K., Dutta, A., Honorati, C., Zupan, M. Domestic Violence and Parental Child Abduction: The Protection of Abducting Mothers in Return Proceedings. Mortsel: Larcier-Intersentia, 2022 – M543.4.Q11 Articles Tobin, B. An analysis of legislative proposals designed to implement ‘Valerie’s Law’: endorsing removal or suspension of guardianship? The Irish Jurist 2026; 74: 148-165
COMPANY LAW Company and property law – Strike out order – Strike out of shareholder claim – Multi-unit Developments Act 2011, ss.18,24 – Companies Act 2014, s.227 –
Plaintiff seeks to overturn the Circuit Court’s strike-out of its proceedings and obtain orders under the Multi-unit Developments Act 2011 concerning allegedly unlawful service charges and directors’ conduct – 26/05/2026 – [2026] IEHC 336 Consortio Ltd v Lynch and anor Company law – Use of s.179 to break company deadlock – Companies Act 2014, ss.178,179 – Applicant sought orders under s.179 of the Companies Act 2014 to call, convene and conduct general meetings of the group companies, deeming himself a single-member quorum and appointing directors to approve audited accounts and enable statutory filings – Whether s.179 of the Companies Act 2014 could be used to break a deadlock between two equal 50% shareholders who were also the only directors and to allow one shareholder to approve the companies’ audited accounts – 10/07/2026 – [2026] IEHC 566 Greene v Greene Company law – Discovery order – Oppression and share valuation – Companies Act 2014, s.212 – RSC, Ord.31, r.12 – Applicant sought extensive discovery of contracts, bank statements, related-party transactions, intellectual property documents, management accounts and nominal ledgers to support its oppression claim and the valuation of its shareholding in the company – Whether the applicant was entitled to discovery of specified categories of documents concerning contracts, banking, related-party transactions, intellectual property, management accounts and nominal ledgers for the purposes of its oppression claim and share valuation – 31/07/2026 – [2026] IEHC 547 Pure Suisse Holdings Sarl v SocGen Invest Ltd and ors Library acquisitions Kershaw, D. The Foundations of AngloAmerican Corporate Fiduciary Law. Cambridge: Cambridge University Press, 2021 – N264 Lynch Fannon, I. Company Law in Ireland: Fundamental Concepts and Doctrines. Dublin: Clarus Press, 2026 – N261.C5
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LEGAL UPDATE
Articles Gaffney, J. The revised Corporate Sustainability Due Diligence Directive: scope and company obligations. Commercial Law Practitioner 2026; 33 (4): 72-79 McPartland, A., Dr. The appointment of a company inspector at the request of a creditor: limits of the remedy and alternative responses. Commercial Law Practitioner 2026; 33 (3): 54-59 Salerno, F. The preventive control of instruments of constitution in Directive (EU) 2025/25 on the use of digital tools and processes in company law. Commercial Law Practitioner 2026; 33 (4): 67-71
COMPETITION LAW Competition law – Abuse of dominant position – Competition Act 2002, ss.4,5 – State Airports Act 2004, s.15 – Plaintiff sought declarations that the defendant’s conduct and airport bye-laws unlawfully restricted its off-airport car rental operations and breached Irish and EU competition law, together with associated relief restraining such allegedly anticompetitive exclusionary practices – Whether the defendant’s conduct and airport bye-laws constituted an abuse of a dominant position and unlawfully restricted the plaintiff’s off-airport car rental business – 06/08/2026 – [2026] IEHC 574 ER Travel Ltd v DAA plc
CONFIDENTIALITY Library acquisitions Chow, T.J., Mo, J., Phipps, C.M., Yu, K. Toulson & Phipps on Confidentiality (5th ed.). London: Sweet & Maxwell, 2026 – M209.P7
CONSTITUTIONAL LAW Constitutional and administrative law – Plenary hearing order – Validity of settlement scheme – National Treasury Management Agency (Amendment) Act 2000, s.7 – RSC 1986, Ord.84, r.21 – Applicants seek declaratory relief that the settlement scheme is ultra vires and inapplicable to them, and to have the scheme set aside, along with permission for their damages claims to proceed separately – Whether the settlement scheme is ultra vires the 2000 Act and whether declaratory relief or setting aside the scheme should be granted, and whether damages claims should proceed by plenary hearing – 13/08/2026 – [2026] IEHC 584 Coffey v Governor of Limerick Prison and ors, Collopy v Governor of Limerick Prison and ors [No. 2] Constitutional and procedural law – Exemption from court fees – Supreme Court, Court of Appeal and High Court (Fees) Order 2014, s.5 – Health Act 1947,
xxvii
ss.31A(9),31A(10),31A(12) – Plaintiff seeks exemption from paying court stamp duty fees on his proceedings and a refund of any court stamp duty already paid, arguing that his case constitutes proceedings under Art.40.4.1 of the Constitution – Whether the plaintiff’s proceedings fall within Art.40.4.1 of the Constitution so that, under s.5 of the Supreme Court, Court of Appeal and High Court (Fees) Order 2014, he is exempt from paying court stamp duty and entitled to a refund of any court stamp duty already paid – 30/07/2026 – [2026] IEHC 564 Davis v Ireland and anor Constitutional and criminal law – Dismissal order – Effect of bail on habeas corpus – Criminal Justice (Theft and Fraud Offences) Act 2001, s.4 – Bail Act 1997, s.2 – Applicant seeks release from custody under Art.40.4.2° of the Constitution on the basis that his District Court remand in custody was unlawful – Whether the applicant, having been released on conventional High Court bail prior to the hearing, was still being detained unlawfully for the purposes of Art.40.4.2° and whether the inquiry should proceed given the mootness of the earlier detention – 31/08/2026 – [2026] IEHC 604 Kinane v Governor of Cork Prison Constitutional law – Judicial review order – Constitutional validity of citizenship-bydescent rule – Irish Nationality and Citizenship Act 1956, s.7(3) – European Convention on Human Rights Act 2003, ss.3,5 – Applicants seek certiorari of the Minister’s refusals of passport and nationality certificate applications and declarations that s.7(3) of the 1956 Act is unconstitutional, and/or incompatible with the ECHR and EU law, insofar as it applies to a child of a naturalised Irish citizen – 22/05/2026 – [2026] IEHC 327 N(S) [a minor] v Minister for Foreign Affairs Constitutional law – Release order – Lawfulness of detention – Constitution of Ireland, Art.40.4.2° – Applicant seeks release from prison under Art.40.4.2° of the Constitution on the basis that his detention following refusal and revocation of bail is not in accordance with law – Whether the applicant’s detention following a District Court bail refusal and bail revocation, without a proper hearing, was in accordance with law under Art.40.4.2° of the Constitution – 18/08/2026 – [2026] IEHC 592 Constitutional and criminal law – Refusal of Art.40 inquiry – Child Trafficking and Pornography Act 1998 – Constitution of Ireland, Art.40.4.2° – Applicant seeks an Art.40.4.2° inquiry into the lawfulness of his post-conviction detention and ancillary reliefs including bail pending appeal, temporary release, access to legal
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
materials, and facilities to prepare his appeal as a self-represented litigant – Whether the applicant’s complaints and requested reliefs justified directing an Art.40.4.2° inquiry into the lawfulness of his detention, including bail or temporary release, where he is a convicted prisoner with an extant appeal – 14/08/2026 – [2026] IEHC 588 Smyth v Governor of Mountjoy Prison Articles Foley, E., Daly, C. Betting on vetting. Law Society Gazette 2026; Jun: 34-37 O’Malley, F. Oireachtas financial procedures and the Constitution. The Irish Jurist 2026; 74: 25-44
CONSUMER LAW Articles Fox, O. Decoding the Code. Law Society Gazette 2026; Jul: 18-19
CONTRACT Public procurement law – Injunction order – Courts and Court Officers Act 2002, s.46 – Civil Liability and Courts Act 2004, s.55 – Applicants sought the continuation of the automatic suspension preventing the respondent from executing the public parking enforcement contract with the notice party pending the determination of the judicial review proceedings – Whether the balance of justice favoured continuing the automatic suspension of the contract with the notice party or lifting it to permit execution of the contract notwithstanding the ongoing judicial review – 30/07/2026 – [2026] IEHC 552 Q Park Ireland Ltd v Dublin City Council
COSTS Civil procedure – Costs order – Entitlement to appeal costs – Legal Services Regulation Act 2015, s.169 – Respondents sought an order for their costs of the unsuccessful appeal, contending that such costs should be awarded on a legal practitioner and client basis under s.169 of the Legal Services Regulation Act 2015 – Whether the respondents, having been wholly successful in resisting the appeal, should be awarded their costs and, if so, whether those costs should be assessed on a legal practitioner and client basis or on the usual party and party basis – 31/07/2026 – [2026] IECA 149 Dunne v Larkin Official Assignee and ors Judicial review costs – No order as to costs – Misuse of Drugs Act 1977, s.27(3) – Legal Services Regulation Act 2015, s.169(1) – Applicant seeks an order that the respondents pay his costs of the principal judicial review judgment, while the respondents seek their own costs following their success – Whether, in public interest judicial review proceedings where the applicant was unsuccessful but
raised issues of general importance, the court should award costs to the respondents or make no order as to costs – 12/08/2026 – [2026] IEHC 583 Kelleher v Irish Prison Service and ors [No. 3] Civil procedure – Costs order – Allocation of discovery costs – Costs in the cause – Appellant seeks an order that the costs of the High Court discovery motion and the appeal be treated as costs in the cause, while the respondent seeks an alternative order reflecting its degree of success in the High Court – Whether the High Court costs order based on the respondent’s apparent success on category 6(b) discovery should be revisited and what proportion of the High Court discovery motion costs should be awarded – 30/07/2026 – [2026] IECA 155 Kerrigan Sheanon Newman Unlimited Company v Sustainable Energy Authority of Ireland Articles Biehler, H. Delay in bringing an application for security for costs and “special circumstances”: Sweeney v Voluntary Health Insurance Board. Commercial Law Practitioner 2026; 33 (5): 94-100
CRIMINAL LAW Criminal law – Appeal dismissal order – Whether conviction was unsafe – Criminal Law (Rape) Act 1981, s.3(2)(b) – Appellant seeks to quash his convictions for indecent assault on grounds of evidential and procedural errors at trial – Whether any of the four grounds of appeal showed that the jury’s verdicts were unsafe or the trial unsatisfactory – 17/07/2026 – [2026] IECA 186 DPP v B(D) Criminal law – Sentence review order – Criminal Justice Act 1993, s.2 – Criminal Justice Act 1999, s.41 – Applicant seeks review of the respondent’s sentence for attempting to pervert the course of justice on grounds that the original sentence was unduly lenient and inadequately reflected general deterrence and seriousness – Whether the original sentence for attempting to pervert the course of justice was unduly lenient such that the Court of Appeal should quash it and resentence the respondent de novo – 31/07/2026 – [2026] IECA 181 DPP v Brady Criminal procedure law – Certiorari and remittal order – Challenge to inspection order – Road Traffic Act 2010, ss.4(4),13,20(1) – Directive 2012/13/EU – Applicant seeks judicial review orders, including certiorari, to quash the Circuit Court decision permitting the respondent’s expert to inspect the Evidenzer hardware and software, and to have the matter remitted for fresh determination – Whether the Circuit Court
LEGAL UPDATE
judge committed a fundamental error of law in ordering inspection of the Evidenzer hardware and software such that she lost jurisdiction, thereby warranting certiorari and remittal for fresh determination – 31/07/2026 - [2026] IEHC 531 DPP v Flanagan Criminal law – Appeal against criminal conviction – Criminal Law (Rape) Act 1981, s.2 – Criminal Law (Rape) (Amendment) Act 1990, s.21 – Offences Against the Person Act 1861, s.48 – Criminal Law (Rape) (Amendment) Act 1990, s.2 – Sex Offenders Act 2001, s.37 – Non-Fatal Offences Against the Person Act 1997, s.15 – Criminal Justice Act 1984, s.22 – Appellant seeks to overturn his convictions for rape, sexual assault and false imprisonment by challenging the trial judge’s charge to the jury and the handling of a s.22 Criminal Justice Act 1984 admission – 19/03/2026 – [2026] IECA 64 DPP v Gladstone Criminal law – Undue leniency sentence review – Criminal Justice Act 1993 – NonFatal Offences Against the Person Act 1997 – Applicant seeks a review of the respondent’s sentences under s.2 of the Criminal Justice Act 1993 on the ground of undue leniency, contending that concurrent and partially suspended sentences failed to reflect the gravity of the offending – 05/05/2026 – [2026] IECA 101 DPP v Lawlor Criminal law – Fairness of criminal trial – Misuse of Drugs Act 1977, ss.3,15,15A – Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, ss.7,11 – Appellant seeks to overturn convictions for drug and money laundering offences on grounds including improper indictment amendment and alleged unfairness due to lack of Garda interview regarding drugs and cash in van – Whether the appellant’s trial was rendered unfair by Garda omission to question him about drugs and cash in his van and by indictment amendments, thereby requiring quashing of his convictions – 23/07/2026 – [2026] IECA 187 DPP v Matia Criminal law – No-contact harassment order – Non-Fatal Offences Against the Person Act 1997, s.10 – Domestic Violence Act 2018, ss.33,39 – Appellant seeks to challenge and set aside the 15year no-contact order made under s.10 of the Non-Fatal Offences Against the Person Act 1997, particularly insofar as it applies to his child, while leaving the custodial sentence otherwise undisturbed – Whether the 15-year no-contact order under s.10(4) of the Non-Fatal Offences Against the Person Act 1997, particularly in its application to the appellant’s child, was lawful and appropriately framed within the statutory and constitutional
limits – 31/07/2026 – [2026] IECA 180 DPP v McC(L) Criminal law – Appropriate sentence and rehabilitation – Criminal Justice (Public Order) Act 1994, s.15 – Appellant seeks to have his sentence reduced by challenging the headline sentence as excessive and arguing that the sentencing judge failed to properly consider his rehabilitation and mitigating circumstances – Whether the sentencing judge erred in nominating a seven-year headline sentence and in failing to properly address rehabilitation, and whether the Court of Appeal should quash and re-sentence the appellant – Sentence appeal concerning the appropriateness of the headline sentence and consideration of rehabilitation and mitigating factors – 10/06/2026 – [2026] IECA 145 DPP v McCarthy Criminal law – Retrial order – Unfair jury charge – Criminal Law (Sexual Offences) Act 2006, s.3 – Criminal Justice Act 2006, s.16 – Appellant seeks to quash his conviction for defilement of a child and challenge the admission of a witness statement under s.16 of the Criminal Justice Act 2006 – Whether the trial judge’s comments on the appellant’s mistaken belief defence and the admission of a prior witness statement rendered the conviction unsafe – 17/07/2026 – [2026] IECA 172 DPP v O(C) Criminal law – Prohibition order – Prosecutorial delay prejudice – Children Act 2001, s.75 – Criminal Justice (Public Order) Act 1994, s.15 – Non-Fatal Offences Against the Person Act 1997, s.3 – Applicant seeks judicial review relief prohibiting his further prosecution on charges of violent disorder and assault causing harm due to blameworthy prosecutorial delay that caused him to lose protections of the Children Act 2001 – Whether blameworthy prosecutorial delay that caused the applicant to lose the protections of the Children Act 2001 justified prohibiting his further prosecution on serious charges of violent disorder and assault causing harm – Application to prohibit further prosecution on grounds of prosecutorial delay and resulting loss of statutory protections afforded to child offenders – 20/07/2026 – [2026] IEHC 493 M(P) v DPP Criminal procedure law – Access to court materials – Inquiries Act 2005 – International Co-Operation (Omagh Bombing Inquiry) Act 2026 – Plaintiff sought, under the court’s inherent jurisdiction, orders directing the defendants to produce books of evidence, transcripts, rulings, and related materials from specified Special Criminal Court prosecutions for onward provision to the Omagh Bombing
Inquiry – Whether, applying the principles in Breslin v McKenna, the court should direct the production of Special Criminal Court books of evidence, transcripts, and related materials to the plaintiff for transmission to the Omagh Bombing Inquiry – 28/08/2026 – [2026] IEHC 612 Minister for Justice v DPP [No. 2] Library acquisitions James, M., Hodgkinson, T. Expert Evidence: Law and Practice (6th ed.). London: Sweet & Maxwell, 2026 – M604.9 Law Reform Commission. Law Reform Commission Report: Compensating Victims of Crime. Dublin: Law Reform Commission, 2026 – L160.C5 Articles Barron, L. From rehabilitation to risk: the evolution of post-release sex offender laws in Ireland. Irish Criminal Law Journal 2026; 36 (2): 34-38 Coffey, G., Dr. Limits of reasonable reliance in the construction of criminal liability. Irish Criminal Law Journal 2026; 36 (3): 58-61 Donnellan, E. Women and the criminal justice system: should sentencing in Ireland adopt a gender-sensitive approach? The Irish Jurist 2026; 74: 188201 McQuillan, C. Chinese burn. Law Society Gazette 2026; Aug/Sept: 34-39
DATA PROTECTION Freedom of information law – Joinder refusal order – Freedom of Information Act 2014, ss.9,11,15,22,24 – RSC, Ord.84C, r.2; Ord.15, r.13 – Appellant sought to overturn the High Court’s refusal to join the Department of Social Protection as a co-respondent to his statutory appeal against the decision of the Information Commissioner – Whether the High Court correctly refused to join the Department of Social Protection as a co-respondent to a statutory appeal confined to a point of law – 31/07/2026 – [2026] IECA 160 Fares v Information Commissioner Data protection law – Judicial review dismissal – Challenge to data controller finding – GDPR (EU) 2016/679, art.4(7) – Data Protection Act 2018, s.117 – Appellant seeks certiorari, mandamus and declaratory relief to overturn the respondent’s dismissal of his data protection complaint and to compel investigation of alleged unlawful data breach by the notice party – Whether the respondent lawfully confined its investigation to non-work personal data and correctly found the notice party was not a data controller, thereby justifying dismissal of the appellant’s complaint –
24/07/2026 – [2026] IECA 141 McShane v Data Protection Commission Articles Morrissey, E. Knocking on your door? Law Society Gazette 2026; Aug/Sept: 44-47
DEFAMATION Defamation law – Injunction order – Application for defamation injunction – Defamation Act 2009, ss.2,26,33 – Plaintiff sought injunctive relief under s.33 of the Defamation Act 2009 to restrain the publication or republication of an online article and to require its removal – Whether the plaintiff had established that the impugned statement was defamatory and that the defendants had no defence reasonably likely to succeed so as to justify the grant of injunctive relief under s.33 of the Defamation Act 2009 – 09/09/2026 – [2026] IEHC 614 Keane v The Journal Media Limited trading as [TheJournal.IE] and ors Defamation and contempt law – Attachment and committal order – Defamation Act 2009, s.33 – Defendant seeks to appeal the Circuit Court’s finding of contempt and the related order committing her to prison for alleged breach of an interlocutory injunction – Whether the defendant was lawfully found in contempt and committed to prison for breaching the Circuit Court interlocutory injunction, given issues of fair hearing, penal endorsement, and ambiguity in the order – Appeal allowed and attachment and committal order set aside where deficiencies in fair hearing, penal endorsement, or clarity of the injunction rendered the contempt finding unsafe – 22/07/2026 – [2026] IEHC 534 Walsh v Keane
DISCOVERY Civil procedure – Adequacy of second discovery – Further and better discovery – Second discovery order – Defendant seeks orders compelling the plaintiff to make further and better discovery, including identifying additional custodians, reviewing all relevant documents including those created after August 8, 2023, and swearing a further affidavit explaining the discovery process – Whether the plaintiff’s discovery was deficient and whether it should be required to identify an additional custodian and discover documents postdating August 8, 2023 – 14/07/2026 – [2026] IEHC 465 National Paediatric Hospital Development Board v BAM Building Ltd
DRAFTING Library acquisitions City Law School, London. Drafting (23rd ed.). Oxford: Oxford University Press, 2026 – L34
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EDUCATION
EMPLOYMENT LAW
Administrative law – Discovery order – Interlocutory reliefs in judicial review – Teaching Council Act 2001, ss.42(1B),42(9) – Prohibition of Incitement to Hatred Act 1989, s.2 – Appellant sought discovery, replies to particulars, and an order striking out the respondent’s statement of opposition in judicial review proceedings challenging the referral of a complaint to the Disciplinary Committee – Whether the appellant was entitled to discovery, further particulars, and the striking out of the respondent’s statement of opposition in the context of his judicial review challenge to the disciplinary referral – 13/02/2026 – [2026] IECA 13 Johnson v Teaching Council Civil procedure – Costs order with stay – Costs following interlocutory appeal – Teaching Council Act 2001 – Legal Services Act 2015, s.169(1) – Respondent sought its costs of successfully defending the appellant’s interlocutory appeal concerning discovery, particulars, and the striking out of the statement of opposition – Whether, notwithstanding the interlocutory nature of the application and the pending judicial review proceedings, the respondent should be awarded its appeal costs immediately or subject to a stay pending the determination of the substantive proceedings – 31/07/2026 - [2026] IECA 147 Johnson v Teaching Council Professional disciplinary law – Confirmation of disciplinary sanction – Teaching Council Act 2001, s.44(5) – Applicant sought High Court confirmation of the Teaching Council Disciplinary Committee’s decision to remove the respondent from the register of teachers, to restrict eligibility for restoration to the register, and to permit notification of relevant teaching bodies in the UK – Whether the High Court should confirm the Teaching Council Disciplinary Committee’s decision to remove the respondent from the register, impose a five-year period of ineligibility for restoration, and permit communication of the order to specified UK teaching bodies – 13/07/2026 – [2026] IEHC 565 Teaching Council v Clarke
Employment law – Certiorari order – Lawfulness of private hearing – Workplace Relations Act 2015, s.41(13) – Industrial Relations Act 1969, ss.13(8),13(9) – Applicant seeks judicial review to quash a Workplace Relations Commission adjudication officer’s direction that his employment-related complaints be heard otherwise than in public and seeks declaratory relief concerning public access arrangements – Whether the adjudication officer lawfully determined that special circumstances justified conducting the Workplace Relations Act complaints otherwise than in public and whether declaratory relief concerning access arrangements should be granted – 12/08/2026 – [2026] IEHC 538 Adeyanju v WRC and anor Employment law – Injunction order – Interlocutory restraint on reassignment – Plaintiff seeks an interlocutory injunction restraining the defendant from assigning the plaintiff’s Head of Finance duties to any other person pending the trial of the action – Whether the defendant’s reassignment of the plaintiff’s duties and refusal to recognise invocation of the grievance procedure complied with contractual obligations and the Braganza principle – 25/08/2026 – [2026] IEHC 591 Hallahan v Cork City Council
ELECTORAL LAW
ESTOPPEL
Election law – Allocation of costs after unsuccessful election petition – Legal Services Regulation Act 2015, s.169 – RSC, Ord.97, r.7 – Respondents seek their costs of successfully defending an election petition, while the petitioner argues that each side should bear their own costs due to the public interest nature and novelty of the proceedings – 19/12/2025 – [2025] IEHC 770 Feeney v Groves and ors [No. 2]
Articles Piyal, S. Uncertainty and unfairness of the doctrine of proprietary estoppel: a reappraisal. Irish Law Times 2026; 44 (2): 14-18
Articles Davis, E. No man’s land – uncertainty in the interim period between WRC decisions and Labour Court appeals. Irish Law Times 2026; 44 (6): 67-71 Lonergan, J. Reliance on the Constitution and trade unions. Irish Law Times 2026; 44 (2): 19-22
EQUALITY Library acquisitions Bano, N. A Practical Guide to the Public Sector Equality Duty in Housing. Somerset: Law Brief Publishing, 2023 – M208
EQUITY AND TRUSTS Articles Biehler, H. Proprietary estoppel – the significance of context. Irish Law Times 2026; 44 (5): 53-58
EUROPEAN UNION Library acquisitions Bogg, A. Freedom of Association from Labour Law to the Constitution. Oxford: Oxford University Press, 2026 – W130
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Kübek, G., Tams, C.J., Terhechte, J.P. EUUK Trade and Cooperation Agreement: A Handbook. London: Beck/Hart/Nomos, 2024 – W87.5
EVIDENCE Library acquisitions James, M., Hodgkinson, T. Expert Evidence: Law and Practice (6th ed.). London: Sweet & Maxwell, 2026 – M604.9
EXTRADITION LAW Criminal law – Extradition and surrender – Risk of inhuman treatment – Extradition Act 1965, ss.8,10 – Child Trafficking and Pornography Act 1988, s.6 – Applicant seeks the respondent’s surrender to the United States of America for sentencing on 11 offences relating to possession of juvenile pornography – Whether the respondent’s extradition to the United States of America would expose him to a real risk of inhuman or degrading treatment contrary to Art.3 ECHR and should therefore be refused – 29/07/2026 – [2026] IEHC 541 Attorney General v Navarro Extradition and surrender law – Objection to surrender – European Arrest Warrant Act 2003, s.16 – Non-Fatal Offences Against the Person Act 1997, ss.3,4 – Applicant sought an order for the respondent’s surrender to the United Kingdom pursuant to s.16 of the European Arrest Warrant Act 2003 on foot of a Trade and Cooperation Agreement Warrant – Whether the respondent’s surrender to the United Kingdom should be ordered in light of objections based on delay and alleged prison conditions in Northern Ireland – 29/07/2026 – [2026] IEHC 542 Minister for Justice, Home Affairs and Migration v Joyce Articles Ellis, C. European arrest warrant and surrender procedures between EU member states. The Bar Review 2026; 31 (2): 54-57
FAMILY LAW Family law – Return order refused – Whether Hague defences proven – Child Abduction and Enforcement of Custody Orders Act 1991 – Hague Convention on the Civil Aspects of International Child Abduction, Art.13 – Applicant seeks summary return of the child to Lithuania under the Hague Convention on the Civil Aspects of International Child Abduction and related instruments – Application for return of child to Lithuania refused; Art.13 defences of grave risk and child’s objections upheld; court declines to exercise discretion to order return – 01/05/2026 – [2026] IEHC 353 A(B) v A(C))
Child protection/medical treatment – Wardship and medical treatment order – Court authorisation of life-saving transfusion for infant against parental religious objection – Courts (Supplemental Provisions) Act 1961 – HSE seeks minor wardship orders authorising the hospital’s clinical director and staff to administer an urgent, and if necessary repeat, blood transfusion and associated procedures to the seriously ill infant despite the mother’s refusal on religious grounds – 15/05/2026 – [2026] IEHC 341 In the matter of B(F) [a minor] Family law – Discovery and disclosure order – Adequacy of financial vouching – Family Law Act 1995, Part III – RSC, Ord.70A, r.6 – Applicant seeks comprehensive vouching and disclosure of the respondent’s financial affairs for the three-year period prior to proceedings and to date, including bank, mortgage, pension and insurance documentation – Whether further financial vouching and disclosure, including bank, mortgage and related documents, should be ordered against the respondent and whether issues of costs should be reserved to the hearing – 01/07/2026 – [2026] IEHC 600 D(AM) v D(B) Family law – Extension of time to appeal – Courts of Justice Act 1936, s.38 – Family Law (Divorce) Act 1996, s.5 – Appellant seeks an extension of time to appeal the Circuit Family Court’s undefended divorce orders and to challenge the proper provision made therein – Whether time should be extended for the appellant to appeal the undefended divorce judgment and, if so, on what terms consistent with proper provision and balanced justice – 09/07/2026 – [2026] IEHC 602 F(CE) v H(G) Family law – Refusal of leave order – Qualifications of court expert – Guardianship of Infants Act 1964, ss.31,32 – Child’s Views Expert Regulations 2018 – Applicant’s father sought leave to apply for judicial review to challenge the Circuit Court’s custody and access order and the appointment of, and reliance upon, a court-appointed expert under the Guardianship of Infants Act 1964 – Whether the applicant established an arguable ground for judicial review concerning the Circuit Court’s appointment of, and reliance upon, the court-appointed expert in custody and access proceedings – 31/07/2026 – [2026] IEHC 520 H(L) v J(P) Family law – Judicial review of District Court – Guardianship of Infants Act 1964, ss.31,32 – RSC, Ord.84, rr.21,22,27 – Legal Services Regulation Act 2015, s.169 – Applicant’s mother sought judicial review to quash the District Court custody and access order and the related discharge
LEGAL UPDATE
of a protection order concerning the child – Whether the District Court custody and access hearing involved fundamental flaws justifying certiorari notwithstanding the availability of an appeal to the Circuit Court – 07/08/2026 – [2026] IEHC 537 MvF Family law – Maintenance variation order – Family Law Act 1995, s.18 – Judicial Separation and Family Law Reform Act 1989 – Applicant seeks to vary or terminate the spousal maintenance payable under the 2010 judicial separation Terms of Settlement, while the respondent seeks an increase in maintenance in line with the Consumer Price Index since the original order – Whether the applicant established a sufficient material change in circumstances and made adequate financial disclosure so as to justify varying or discharging the existing spousal maintenance order – 15/07/2026 – [2026] IEHC 573 Q(P) v Q(R) Family law – Decree of divorce – Proper provision on separation – Judicial Separation and Family Law Reform Act 1989, ss.2,9 – Family Law Act 1995, ss.9,14,15A,16 – Family Law (Divorce) Act 1996, ss.18,20,26 – Applicant/appellant sought judicial separation and a Decree of Divorce with ancillary reliefs, including transfer of the family home, maintenance, pension arrangements, and child custody and access orders – Whether the ancillary reliefs ordered on judicial separation constituted proper provision and should carry over to a Decree of Divorce – 28/07/2026 – [2026] IEHC 580 W(B) v Y(X) Articles Bowe, D. Beyond the 39th Amendment: navigating the legislative and jurisprudential future of the marital family in Ireland. Irish Law Times 2026; 44 (1): 9-12 Denys, R. Domestic violence perpetrator programmes: a constructive Irish model from Scotland, England and Wales, and ending the cycle of violence. Irish Journal of Family Law 2026; 29 (2): 39-54 Healy, C., Dr. Promises and perils of family mediation in the light of the Civil Legal Aid Review 2025. Irish Journal of Family Law 2026; 29 (3): 61-67 Hughes, P.P. Calling time: Interim Protection Orders, delay, and procedural fairness. The Bar Review 2026; 31 (2): 63-67 Sutton, K., Dr. Protection or paternalism? Digital childhood and the potential limits of age-based social media regulation. Irish Journal of Family Law 2026; 29 (3): 68-77
FINANCE Articles Clarke, B., McGrath, J. From compliance
to collaboration: the case for an individual accountability sandbox. The Irish Jurist 2026; 74: 1-24
FINANCIAL SERVICES Library acquisitions Lehmann, M., Kumpan, C. European Financial Services Law: Article-by-Article Commentary (2nd ed.). Oxford: Hart Publishing, 2025 – N308.E95
GARDA SÍOCHÁNA Administrative law – Order for crossexamination – Cross-examination in judicial review – RSC, Ord.40, r.1 – RSC, Ord.40, r.16 – Applicants seek conversion of their judicial review proceedings to plenary proceedings, or alternatively permission to cross-examine respondents’ deponents, or further in the alternative orders striking out parts of the respondents’ affidavits as inadmissible – Court granted limited cross-examination of specified Garda officers – 12/05/2026 – [2026] IEHC 330 Griffin v Commissioner of An Garda Síochána; Deegan v Commissioner of An Garda Síochána; Shanahan v Commissioner of An Garda Síochána Employment law – Quashing order – Validity of dismissal and suspension processes – Policing, Security and Community Safety Act 2024, s.51 – Garda Síochána Act 2005, s.14 – Applicant seeks to quash the Commissioner’s s.51 dismissal notice and the related suspension notice, and to obtain disclosure of all materials considered by the Commissioner in forming the s.51 opinion – 22/05/2026 – [2026] IEHC 332 Hegarty v Commissioner of An Garda Síochána Administrative law and judicial review – Set aside leave order – Adequate alternative remedy – Garda Síochána Act 2005, ss.95,97 – Garda Síochána (Discipline) Regulations 2007, regs.33-37 – Respondent sought to set aside the High Court order granting the applicant leave to seek judicial review and to dismiss the proceedings on the basis that the applicant had failed to pursue the statutory appeal mechanism provided under the 2007 Regulations – Whether the applicant had any arguable basis for bypassing the statutory appeal process under the Garda Síochána (Discipline) Regulations 2007 such that judicial review could proceed, or whether leave had been wrongly granted and should be set aside – 31/07/2026 – [2026] IEHC 569 Mulligan v Commissioner of An Garda Síochána
HEALTH Regulatory and professional discipline – Interim suspension order – Health and Social Care Professionals Act 2005, s.60 – Applicant seeks ex parte orders under s.60
of the Health and Social Care Professionals Act 2005 to suspend the respondent’s registration as a radiographer and prohibit the respondent from practising radiography, with ancillary notification and communication directions – Whether interim suspension and related orders under s.60 of the Health and Social Care Professionals Act 2005 are necessary to protect the public pending completion of the fitness to practise complaint and inquiry process – 01/07/2026 – [2026] IEHC 533 Health and Social Care Professionals Council v Y(Z) Library acquisitions Fierlbeck, K.A. Public Policy Challenges in Rethinking Public Health: Comparative Perspectives. World Scientific Series in Global Health Economics and Public Policy – N185.E95
HOUSING Housing and public law – Declaration order – Interpretation of housing regulations – Housing (Miscellaneous Provisions) Act 2009, s.22 – RSC, Ord.84, r.21 – Applicants seek judicial review, extension of time, declarations, injunctions and mandamus regarding a 12-month housing disqualification and planning enforcement – Whether time should be extended, the housing disqualification was lawful, proceedings were moot, and further relief including damages and mandamus could be granted – 18/08/2026 – [2026] IEHC 587 C v Limerick City and County Council Library acquisitions Bano, N. A Practical Guide to the Public Sector Equality Duty in Housing. Somerset: Law Brief Publishing, 2023 – M208
HUMAN RIGHTS Library acquisitions Gilleri, G. Sex, Gender and International Human Rights Law: Contesting Binaries. Oxfordshire: Routledge, 2024 – C200.2.Q2 Paige, T.P., O’Hara, C. Queer Encounters with International Law: Lives, Communities, Subjectivities. London: Routledge, 2025 – C200.2.Q2 Wood, P. Survival Codes: World Law and the Future of Humanity. Fortitudo et Lux Publishing: Shere, Surrey, 2025 – A10 Yoshida, K. Pride and Prejudices: Queer Lives and the Law. London: Scribe Publications, 2025 – C200.2.Q2
IMMIGRATION Immigration law – Certificate for appeal – International Protection Act 2015, s.49(7) – Applicants seek a certificate under s.5 of the Illegal Immigrants (Trafficking) Act 2000 that the judgment involves points of
law of exceptional public importance and that an appeal to the Court of Appeal is desirable in the public interest – 06/06/2026 – [2026] IEHC 269 AAG-A and anor v Minister for Justice Immigration and EU law – Costs order – Allocation of litigation costs – Legal Services Regulation Act 2015, s.169 – International Protection Act 2015, s.49 – State respondents seek their costs of the proceedings after successfully appealing the High Court decisions, while the applicant seeks an appropriate costs order reflecting the litigation’s complexity and partial success – 03/06/2026 – [2026] IESC 31 K(L) v International Protection Appeals Tribunal and ors Immigration and asylum law – Accommodation transfer decision – Immigration Act 1999, s.3(11) – International Protection Act 2015, ss.2,47,49,51 – Applicant sought leave to apply for judicial review and an interlocutory injunction or stay restraining the respondents from transferring her from her current IPAS accommodation pending determination of the proceedings – Whether the applicant had established arguable grounds to challenge the accommodation transfer decision and to justify a stay or interlocutory injunction under the Okunade principles – 01/09/2026 – [2026] IEHC 606 K(N) v Minister for Justice Immigration and asylum law – Dismissal of appeal – Validity of employment restrictions – European Communities (Reception Conditions) Regulations 2018 – Recast Reception Conditions Directive (Directive 2013/33/EU) – Appellant seeks to challenge the legality of restrictions in the 2018 Regulations that exclude international protection applicants from public sector employment and to obtain declarations and damages for alleged breaches of constitutional and EU law rights – Whether restrictions in the 2018 Regulations excluding public sector employment for international protection applicants are compatible with the Constitution and EU law, and whether a CJEU reference is required – 18/06/2026 – [2026] IESC 35 M(A) v Minister for Enterprise Immigration and asylum law – Certiorari and remittal order – Entitlement to oral appeal hearing – International Protection Act 2015, s.35 – Applicant seeks judicial review to quash the International Protection Appeals Tribunal’s refusal of an oral hearing and affirmation of the International Protection Officer’s negative recommendation, and to obtain a remittal for a fresh appeal with an oral hearing – 27/05/2026 – [2026] IEHC 325 R(J) [Georgia] v International Protection Appeals Tribunal; R(M) v Minister for Justice
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Immigration law – Judicial review order – Failure to apply for residence permission – Immigration Act 2004, s.4 – International Protection Act 2015, s.16 – Applicant seeks an order of mandamus compelling the respondent to consider an application for permission to reside, or alternatively to quash the respondent’s refusal to register or determine his permission to reside application based on his general employment permit – 22/05/2026 – [2026] IEHC 326 T(G) [Georgia] v Minister for Justice
INFORMATION TECHNOLOGY Articles Moeller, T., Delahunty, P. A coach and four. Law Society Gazette 2026; Aug/Sept: 4043 Oluborode, A. DORA and Irish Credit Unions: why the 2028 exemption is not a governance holiday. Commercial Law Practitioner 2026; 33 (3): 47-53
INSURANCE Articles Lonergan, J. The doctrine of utmost good faith in insurance law in modern commercial law: necessity and limits? Unintended injustice? Commercial Law Practitioner 2026; 33 (5): 87-93
INTELLECTUAL PROPERTY Intellectual property law – Order setting aside service – Jurisdiction to hear EUTM claim – Regulation (EU) 2017/1001 on the European Union trade mark – RSC, Ord.11, r.1 – Defendants seek to set aside service of proceedings, have the court decline jurisdiction, and strike out the plaintiffs’ EU trade mark infringement claim – Whether there was sufficient evidence of targeting of Irish or EU consumers by defendants’ website to confer jurisdiction under the EU Trade Mark Regulation – 23/07/2026 – [2026] IEHC 512 Easy Group Ltd v Easy Fundraising Ltd Intellectual property law – Appeal dismissal order – Refusal of SPC application – Patents Act 1992, s.96 – Regulation (EC) No. 469/2009 – Legal Services Regulation Act 2015, s.169 – Treaty on the Functioning of the European Union, Art.267 – Plaintiff sought to have the Controller of Intellectual Property’s refusal of a supplementary protection certificate for Mavenclad set aside, to obtain the grant of the certificate and, if necessary, a reference of preliminary questions to the Court of Justice of the European Union – Whether the Controller of Intellectual Property correctly refused the supplementary protection certificate application for Mavenclad in light of Regulation (EC) No. 469/2009 as
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interpreted by the CJEU, and whether a reference to the CJEU was necessary – 09/09/2026 – [2026] IEHC 617 Serano v Controller Of Intellectual Property
JUDICIAL REVIEW Judicial review – Dismissal order – Exhaustion of alternative remedy – Courts of Justice Act 1924, s.84 – Animal Health and Welfare Act 2013, ss. 42,43 – Applicant seeks judicial review to set aside the District Court order annulling two statutory notices and to maintain the validity and effect of those notices – Whether judicial review should be refused because an adequate appeal lies to the Circuit Court and no particular exigency justifies bypassing that appeal – Judicial review refused on the basis that an adequate alternative remedy existed by way of appeal to the Circuit Court and no exceptional circumstances justified recourse to judicial review – 24/07/2026 – [2026] IEHC 500 Minister for Agriculture v Fitzgerald Judicial review – Dismissal of appeal – Extension of time for judicial review – Appellant seeks leave to pursue judicial review of Circuit Court orders, including challenging a conviction under the Dog Breeding Establishment Act 2010, notwithstanding that his application was brought outside the prescribed threemonth period – Whether the High Court correctly refused to extend time for the appellant’s judicial review application where he had not properly applied for an extension or shown good and sufficient reason for the delay – 24/07/2026 – [2026] IECA 140 Rigney v Local Authority Offaly County Council
LANDLORD AND TENANT Landlord and tenant law – Rent arrears judgment – Validity of rent abatement – Supreme Court of Judicature (Ireland) Act 1877 – Deasy’s Act 1860, s.43 – Appellant sought to overturn the High Court order requiring payment of additional rent and interest by challenging the landlord’s entitlement to recover sums under the variation agreement, the 2015 rent, and the second abatement agreement – Whether the landlord could treat the rent abatement agreements as void and recover the full lease rent and interest, or whether it was estopped or otherwise precluded in law or equity from doing so – 31/07/2026 – [2026] IECA 157 Gradual Investment Ltd v Kennedy Administrative and housing law – Refusal of leave – Residential Tenancies Act 2004, ss.123,134 – Equal Status Act 2000, s.5 – RSC, Ord.84, r.21 – Applicant sought leave to bring judicial review proceedings to
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quash a Residential Tenancies Board Tribunal determination order and to obtain related declaratory and interim relief, including a stay on enforcement and remittal for fresh determination – Whether the applicant had established arguable grounds for judicial review in light of the availability of a statutory appeal and whether time should be extended to challenge a separate Tribunal determination – 31/07/2026 – [2026] IEHC 553 Hennigan v Residential Tenancies Board Library acquisitions Dowding, N., Reynolds, K., Oakes, A. Dilapidations: The Modern Law and Practice (8th ed.). London: Sweet & Maxwell, 2026 – N88.4 Articles Ralston, G. Ground rents and business tenancies: time to overhaul. Conveyancing and Property Law Journal 2026; 1: 1-6
LEGAL PROFESSION Costs and champerty – Summary judgment order – Legality of fee arrangements – Legal Services Regulation Act 2015, s.149(1)(a) – Attorneys’ and Solicitors’ Act 1870, s.11 – Defendants/appellants seek to overturn the High Court and Court of Appeal judgments by having the Revenue’s contractual fee arrangements with its panel solicitors declared champertous and unenforceable, thereby defeating the plaintiff/respondent’s tax recovery proceedings – 17/06/2026 – [2026] IESC 34 Howley v McClean; Howley v Howard Professional regulation of solicitors – Regulatory sanction order – Sanction for professional misconduct – Legal Services Regulation Act 2015, ss.50,81,82,83,85 – RSC, Ord.53D, r.5 – Applicant seeks High Court orders imposing sanctions on the respondent solicitor for misconduct, including prohibiting him from practising other than as an employee for ten years and directing him to pay the costs of the inquiry and of this application – 19/05/2026 – [2026] IEHC 348 Legal Services Regulatory Authority v O’Brien Professional regulation – Amendment order – Amendment of judicial review grounds – RSC, Ord.84, r.20(4) – RSC, Ord.84, r.22(4) – Appellant seeks to overturn the High Court’s refusal to permit certain amendments to his statement of grounds in judicial review proceedings concerning a solicitors’ disciplinary inquiry – 03/06/2026 – [2026] IECA 103 Wales v Solicitors’ Disciplinary Tribunal Articles Harding, M., O’Donoghue, A. Doing feminist legal work: using feminist
pedagogies in law schools in Ireland and Northern Ireland. The Irish Jurist 2026; 74: 166-187
MEDICAL LAW Regulatory professional discipline – Interim suspension order – Interim suspension of registration – Health and Social Care Professionals Act 2005, ss.39,60 – Applicant sought the interim suspension of the respondent’s registration as an occupational therapist and an order prohibiting the respondent from practising, together with ancillary orders permitting notification to relevant regulators and amendment of the public register – Whether interim suspension and related orders under s.60 of the Health and Social Care Professionals Act 2005 were necessary to protect the public in light of complaints made against the respondent and ongoing foreign fitness to practise proceedings – 01/07/2026 – [2026] IEHC 545 Health and Social Care Professionals Council v W(X) Mental health law – Validity of advance healthcare directive – Assisted DecisionMaking (Capacity) Act 2015, ss.83,84 – Mental Health Act 2001, ss.2,22,57 – Applicant seeks declarations on the respondent’s capacity, the validity and applicability of her advance healthcare directive, and court authorisation to administer psychiatric and physical health treatments, despite her directive refusing psychiatric medication – Whether the respondent’s advance healthcare directive was valid and applicable and whether the High Court had jurisdiction – Application for declarations concerning capacity, validity of advance healthcare directive, and authorisation of treatment notwithstanding refusal of psychiatric medication – 22/07/2026 – [2026] IEHC 498 HSE v MM and anor
NEGLIGENCE Library acquisitions O’Mahony, D. Clinical Negligence and Childbirth (3rd ed.). Dublin: Bloomsbury Professional, 2026 – N33.71.C5 Articles Hayes, G. Bad medicine. Law Society Gazette 2026; Jul: 40-43
PENSIONS Articles Ó Scathaill, M., Ginnelly, J. Money. Law Society Gazette 2026; Jul: 44-47
PERSONAL INJURIES Personal injuries law – Appeal dismissal order – Challenge to damages assessment – Civil Liability and Courts Act 2004, s.26 – Appellant seeks to overturn the High Court’s assessment of damages for
LEGAL UPDATE
personal injuries and loss of earnings, and to challenge aspects of how the trial was conducted – Whether the High Court’s findings on liability, assessment of damages for personal injuries and loss of earnings, and conduct of the trial should be upheld on appeal – 27/07/2026 – [2026] IECA 146 Higgins v Coleman and anor Personal injuries/clinical negligence – Order setting aside renewal – Renewal of lapsed summons – RSC, Ord.8, r.1(4) – RSC, Ord.8, r.2 – Defendant sought to set aside the ex parte High Court order renewing the plaintiff’s Personal Injuries Summons issued in 2020 in respect of a 2018 clinical negligence claim – Whether the plaintiff’s later supportive expert opinion and changed legal advice amounted to special circumstances justifying renewal of the long-expired summons in light of delay and prejudice – 28/07/2026 – [2026] IEHC 536 Moore v HSE Personal injury law – Damages judgment – Plaintiff seeks an assessment of general and special damages for childhood sexual abuse following judgment in default of defence against the defendant – Whether, applying common law principles for childhood sexual abuse, the court should award specified general and special damages to the plaintiff for the sustained abuse and its consequences – 22/07/2026 – [2026] IEHC 491 Odumosu v Caffrey Personal injuries law – Dismissal for want of prosecution – Civil Liability and Courts Act 2004, ss.10,13 – RSC, Ord.122, r.11 – Defendant sought an order dismissing the plaintiff’s personal injuries proceedings for want of prosecution on the grounds of inordinate and inexcusable delay – Whether the proceedings should be dismissed for want of prosecution following approximately four years and four months of inactivity and having regard to the prejudice arising from reliance on oral evidence – 30/07/2026 – [2026] IEHC 568 O’Shaughnessy v HSE
PLANNING AND ENVIRONMENTAL LAW Planning and environmental law – Certiorari order – Leave to appeal planning permission – Planning and Development Act 2000, ss.34,37(6) – Planning and Development Regulations 2001, art.22(2)(b) – Applicant sought certiorari quashing the respondent’s decision granting the second notice party leave to appeal the council’s planning permission decision to the respondent – Whether Condition 3 materially altered the permitted development so as to satisfy s.37(6)(d) of the Planning and Development Act 2000 and entitle the second notice party to leave to appeal –
31/07/2026 – [2026] IEHC 539 Breedon Cement Ireland Ltd v An Coimisiún Pleanála and ors Planning and environmental law – Challenge to solar farm permission – Planning and Development Act 2000 – Environment (Miscellaneous Provisions) Act 2011 – Applicants seek certiorari quashing the planning permission for a solar farm, declarations as to legal rights and duties, a stay on implementation of the permission, protective costs orders, interim relief and costs – High Court dismissed the judicial review proceedings, refused all reliefs including certiorari, declined to refer questions to the CJEU, and indicated no order as to costs subject to further submissions – 29/05/2026 – [2026] IEHC 338 Breen and ors v Coimisiún Pleanála Environmental and wildlife law – Refusal of reliefs – Minister’s obligations under wildlife legislation – Directive 2009/147/EC on the Conservation of Wild Birds, arts.2,5,7,9,12,14 – Applicants seek judicial review orders quashing the Minister’s 2023 amendment of the Wildlife (Wild Birds) (Open Seasons) (Amendment) Order 2023, removing four duck species from the Open Seasons Order, and associated reliefs – Whether the Minister was legally obliged to consider the criteria in s.11(2)(bc) of the Wildlife Act 1976 before amending the Open Seasons Order and whether he in fact had sufficient regard to those matters – 14/08/2026 – [2026] IEHC 558 Butler v Minister for Housing Planning and environmental law – Extension of judicial review time – Planning and Development Act 2000, ss.50,50A – Planning and Development Act 2024, s.281 – Applicant sought an extension of the statutory eight-week period within which to apply for leave to seek judicial review of the respondent’s decision refusing planning permission for a proposed wind farm development – Whether the applicant had demonstrated good and sufficient reason, outside its control, to justify an extension of time to apply for leave to seek judicial review of the respondent’s planning refusal decision – 31/07/2026 – [2026] IEHC 546 Coumnagappul Wind Farm Ltd v Coimisiún Pleanála Planning and environmental law – Planning and Development Act 2000, s.50 – Climate Action and Low Carbon Development Act 2015, s.15 – Applicants seek leave to appeal the High Court’s substantive judgment dismissing their judicial review challenge to the planning permission for a data centre, and to raise questions of alleged exceptional public importance regarding climate obligations and planning decisions – 29/05/2026 – [2026] IEHC 340 Doyle v Coimisiún Pleanála [No. 4]
Planning and environmental law – Order of certiorari refused – Judicial review of planning permission – Planning and Development Act 2000 – Environment (Miscellaneous Provisions) Act 2011 – Applicant seeks certiorari quashing the respondent’s decision granting planning permission for use of an agricultural field as a private airstrip, together with stays, declarations on legal duties, application of environmental cost-protection provisions, further relief, and costs/cost protection – 05/06/2026 – [2026] IEHC 355 Hession v Coimisiún Pleanála and ors Planning and environmental law – Validity of wind farm permission – Planning and Development Act 2000 – Climate Action and Low Carbon Development Act 2015 – Applicants seek judicial review orders, including certiorari, to quash the respondent’s decision granting planning permission for a seven-turbine wind farm and associated works, plus related declaratory, stay and costs orders – 29/05/2026 – [2026] IEHC 339 Keogh v Coimisiún Pleanála Planning and environmental law – Certiorari order – Validity of planning permission – Applicant seeks an order of certiorari quashing the planning permission decision, related declaratory reliefs on environmental law transposition, a stay on works, and costs – Whether to dismiss most grounds, reserve issues on Water Framework Directive and EIA screening legality, invite further submissions, and manage costs and potential references – Judicial review challenge to planning permission and environmental law compliance – 24/07/2026 – [2026] IEHC 517 Shorten v Coimisiún Pleanála Planning and environmental law – Planning injunction order – Planning enforcement injunctions – Planning and Development Act 2000, ss.4,152,160,161 – Respondent/plaintiff local authority and the applicant/respondent neighbour seek s.160 injunctions restraining alleged unauthorised development, requiring cessation of works, removal of new modular dwellings and associated works, and restoration and landscaping of the lands to their prior condition – 03/06/2026 – [2026] IEHC 342 South Dublin County Council v Threshford Limited and ors, O’Neill v Branach Developments Ltd and anor Articles Flynn, T. Improving the response to water pollution incidents. Irish Planning and Environmental Law Journal 2025; 2: 70 Milne, J. Red light, green light. Law Society Gazette 2026; Jun: 22-23 O’Donnell, T. The inherent rights of nature. The Bar Review 2026; 31 (2): 68 Strecker, A. Procedural mischief and substantial harms: transboundary
environmental impact of the proposed gold mine in the Sperrin Mountains. Irish Planning and Environmental Law Journal 2025; 2: 71-88
PRACTICE AND PROCEDURE Civil procedure/tort – Dismissal application refused – Prejudicial delay and fair trial – Statute of Limitations 1957, s.48A – Statute of Limitations (Amendment) Act 2000, s.3 – Defendants seek dismissal of the plaintiff’s historic sexual assault damages claim on grounds that lapse of time and death/incapacity of key witnesses make a fair trial impossible – Whether, despite prejudice arising from lapse of time and death/incapacity of witnesses, the case could still proceed to a constitutionally acceptable trial and the dismissal application should be refused – 02/07/2026 – [2026] IESC 3 Beatty v Beatty Civil procedure – Prohibitory order – Exclusion from court hearings – Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, s.11 – Plaintiff seeks an order excluding specified members of the defendant’s family from physically attending future High Court hearings in any cases involving the defendant’s dispute about his dismissal – Whether the High Court should exercise its inherent jurisdiction to prohibit specified family members of the defendant from physically attending court hearings in cases concerning his dismissal and related litigation – Application for prohibitory order refused and specified family members not excluded from attending future court hearings – 22/07/2026 – [2026] IEHC 509 Board of Management of Wilson’s Hospital School v Burke [No. 8] Civil procedure – Extension of time order – RSC, Ord.27, rr.15(1),15(2),18(4) – Liability for Defective Products Act 1991 – Plaintiffs sought to set aside the dismissal of their personal injury proceedings for failure to comply with discovery orders, or alternatively sought an extension of time to comply with their discovery obligations – Whether special circumstances existed to explain and justify the plaintiffs’ non-compliance with the discovery orders and whether the dismissals should be set aside or time extended for discovery compliance – 29/07/2026 – [2026] IEHC 532 Coleman, Gilmartin v Depuy International Ltd and ors Civil procedure – Review application refusal – Refusal of non-lawyer audience – Powers of Attorney Act 1996, s.16 – Appellant, through his daughter, sought to set aside or vary the Court of Appeal order striking out his appeal and to have the appeal re-entered for determination on its merits – Whether time should be
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extended and the Court of Appeal order striking out the appeal varied or rescinded where the appellant sought representation by a non-lawyer holding a power of attorney – 01/09/2026 – [2026] IECA 185 Corrigan v Redmond and anor Administrative and procedural law – Destruction order – Inclusion of DAR transcript – Summary Jurisdiction Act 1857, s.2 – Courts (Supplemental Provisions) Act 1961, s.51 – Control of Dogs Act 1986, s.22 – Complainant sought orders to amend the second question in a case stated and to have the DAR transcript of the District Court hearing appended, or alternatively to have the case stated remitted to the District judge for that amendment – Whether the High Court should permit amendment of the case stated to include the DAR transcript or remit the matter to the District judge, and whether the transcript was necessary – 29/07/2026 – [2026] IEHC 519 Harkin v Maher Civil procedure and mediation – Mediation direction order – Power to order mediation – Civil Liability and Courts Act 2004, s.15 – Mediation Act 2017, ss.14,16 – Legal Services Regulation Act 2015, s.169 – RSC, Ord.63A, r.5 – Plaintiff applied for an order inviting or directing the parties, and in particular the defendant, to engage in mediation of their contractual fee dispute before the proceedings proceeded to trial – Whether the Court has an inherent jurisdiction to direct parties in civil proceedings to engage in mediation and, if so, whether it should exercise that discretion to order mediation in the circumstances of the contractual dispute – 20/05/2026 – [2026] IEHC 314 J Burke and Associates Limited v O’Connell Civil procedure/contract law – Entitlement to summary judgment – Revised settlement agreement and default clause – RSC, Ord.37 – Contract law principles governing settlement agreements – First defendant seeks summary judgment against the first plaintiff pursuant to a default clause in a revised settlement agreement relating to payment for a property purchase – Whether the first plaintiff had established a bona fide defence to the first defendant’s claim for summary judgment arising from alleged non-payment under the revised settlement agreement – 12/08/2026 – [2026] IEHC 590 Kavanagh and anor v O’Neill and anor Civil procedure – Refusal to dismiss proceedings – Application to dismiss as abuse of process – RSC, Ord.19 r.28 – Defendant seeks to have the plaintiff’s High Court proceedings struck out as bound to fail, frivolous, vexatious, an abuse of process, or barred by res judicata
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and the rule in Henderson v Henderson, and also seeks a legal restraint order against the plaintiff – Whether the proceedings should be dismissed as an abuse of process or barred by res judicata and whether a legal restraint order should be imposed – Application to dismiss proceedings and for a legal restraint order refused – 17/07/2026 – [2026] IEHC 497 Keane v Clarke Professional negligence law – Strike out order – Capacity to maintain proceedings – Powers of Attorney Act 1996, s.7 – Civil Liability Act 1961, s.7 – Appellant seeks to overturn the High Court’s strike-out of professional negligence proceedings against the respondents and to obtain judgment in default of defence against the second named respondent – Whether the plaintiffs had capacity or standing to issue and maintain professional negligence proceedings and whether those proceedings were bound to fail and should be struck out – 24/07/2026 – [2026] IECA 139 McEvoy and anor v Turner and anor Criminal law – Appeal against strike-out – Jurisdiction to strike out injunction proceedings – Garda Síochána Act 2005, s.8 – Plaintiff/appellant seeks to overturn the High Court’s strike-out of his motion seeking to injunct the DPP from proceeding with a District Court criminal prosecution, arguing that the High Court had jurisdiction to hear the application and that judicial review was not the sole available procedure – 07/07/2026 – [2026] IECA 183 McGreal v Office of Garda Commissioner Civil procedure – Refusal of amendment – Amendment of statement of claim – RSC, Ord.20, r.12 – Plaintiff seeks leave to deliver an amended statement of claim in professional negligence and related claims against family members and solicitors arising from administration of an estate – Whether the High Court correctly refused leave to amend the statement of claim pending production of an expert report in the professional negligence action – 14/04/2026 – [2026] IECA 66 McHale v McHale and ors Civil procedure – Application for leave under litigation restriction order – Succession Act 1965, s.117 – Applicant seeks leave to issue new plenary proceedings against the intended respondents concerning alleged ongoing harms, defective orders, and interference with property and constitutional rights – 09/06/2026 – [2026] IEHC 357 Shannon v Shannon and ors Civil procedure – Security for costs order – Delay as special circumstance – Companies Act 2014, s.52 – Appellants seek to resist the respondent’s application for security for costs on grounds of extensive delay and alleged prejudice, and to overturn the High Court and Court of
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Appeal orders requiring the appellant company to provide security for costs – 09/06/2026 – [2026] IESC 32 Sweeney and anor v VHI Civil procedure – Interlocutory injunction order – RSC, Ord.19 r.28 – Plaintiff seeks interlocutory mandatory injunctions compelling defendant to account for and lodge pension monies allegedly due towards redemption of a joint mortgage, while the defendant seeks to strike out plaintiff’s claim as disclosing no reasonable cause of action and as frivolous, vexatious or an abuse of process – 04/06/2026 – [2026] IEHC 346 Tucker v Curry Nuisance and environmental law – Stay of permanent injunction – RSC, Ord.86A, r.5 – Appellant seeks a stay of the permanent injunction restraining the operation of its wind turbine pending determination of an appeal against the High Court judgments and order – Whether a stay of the High Court’s permanent injunction should be granted pending appeal, having regard to the respective risks of injustice to the appellant and the respondents – 11/08/2026 – [2026] IECA 173 Webster v Meenacloghspar (Wind) Ltd Library acquisitions Brennan, L., Blair, W., Jacob, R., The Honourable Sir. Bullen and Leake and Jacob’s Precedents of Pleadings (20th ed.). London: Sweet & Maxwell, 2026 – N383.Z3 Articles Biehler, H. Dismissal for want of prosecution on grounds of delay: a revised approach. The Irish Jurist 2026; 74: 45-62 Lonergan, J. A brief history of the Oath in Ireland, and its objections. Irish Law Times 2026; 44 (6): 64-66
PRISONS Constitutional and criminal law – Habeas corpus order – Lawfulness of bail detention – Constitution of Ireland, Art.40.4.2° – Bail Act 1997, s.2 – Applicant sought release from Cloverhill Prison under Art.40.4.2° of the Constitution on the basis that the District Court bail hearing was so procedurally deficient that his detention was unlawful – Whether procedural defects in the District Court bail hearing amounted to a default of fundamental requirements rendering the applicant’s detention unlawful under Art.40.4.2° – 02/09/2026 – [2026] IEHC 610 Doros v Governor of Cloverhill Prison Constitutional and criminal law – Refusal to order enquiry – Appropriate remedy for detention – Constitution of Ireland, Art.40.4.2 – Constitution of Ireland, Art.40.4.1 – Applicant sought an enquiry under Art.40.4.2 of the Constitution and his immediate release from prison on the
basis that his detention following an unrepresented bail hearing was unlawful – Whether Art.40 habeas corpus was the appropriate remedy or whether the applicant should instead pursue an appeal or rehearing of his bail application – 05/08/2026 – [2026] IEHC 575 Ennis v Governor of Cloverhill Prison
PROBATE Succession law – Probate order – Validity of 1999 will – Succession Act 1965, s.78 – Wills Act 1837, s.9 – Applicant sought to have the 1982 will, or alternatively the 1999 will, admitted to probate as the deceased’s last will and testament – Whether the 1999 will, signed on the backing sheet rather than in the usual signature space, complied with s.78 of the Succession Act 1965 and could be admitted to probate – 04/08/2026 – [2026] IEHC 582 Re: Estate of Catherine Rigney deceased Articles Tandy, K. A tale of two capacities. Law Society Gazette 2026; Jun: 38-43
PROPERTY Property and mortgage law – High Court jurisdiction – Land and Conveyancing Law Reform Act 2013, s.3 – Registration of Title Act 1964, s.62(7) – Plaintiffs seek an order for possession of the mortgaged property and related injunctive relief removing the defendants and their agents, relying on their security and appointment of a receiver – Whether the High Court had jurisdiction to hear the possession proceedings – Possession proceedings and jurisdiction of the High Court where the mortgaged property became the defendant’s principal private residence prior to commencement of proceedings – 23/07/2026 – [2026] IEHC 529 Everyday Finance DAC t/a Link Financial v Easy Fundraising Ltd Property law – Interlocutory injunction order – Validity of possession order and eviction – Enforcement of Court Orders Act 1926, s.5 – Plaintiff seeks interlocutory injunctions restraining the defendant from trespassing, occupying, or interfering with possession, marketing and sale of the mortgaged property, together with damages for trespass and costs – 05/06/2026 – [2026] IEHC 349 Everyday Finance DAC v Kirk Contract and property law – Valid termination of building and land sale contracts – NAMA Act 2009, s.147 – Powers of Attorney Act 1996, s.20(1) – Appellants sought to overturn High Court decisions that treated the building contract and land sale contract as validly terminated and to maintain their counterclaim for damages and set-off against the respondent and notice party – Whether the High Court correctly held
LEGAL UPDATE
that the respondent and notice party validly treated the building and sale contracts as terminated due to the appellants’ anticipatory repudiatory breach and rejected the appellants’ set-off and privity arguments – 31/07/2026 – [2026] IECA 156 Fennell v Corcoran and anor Property and civil procedure law – Strike out order – Abuse of process – RSC, Ord.19, r.28 – Registration of Title Act 1964, s.31 – First defendant seeks to have the plaintiff’s High Court proceedings against it struck out as an abuse of process and collateral attack on earlier Circuit Court possession orders – Whether the plaintiff’s High Court proceedings against the first defendant constitute an abuse of process and collateral attack on final Circuit Court possession orders and should be struck out with a permanent stay – Strike out application alleging abuse of process and collateral attack on final possession orders – 24/07/2026 – [2026] IEHC 515 McAuley v Start Mortgages DAC and anor Property and mortgage law – Possession order – Substitution of plaintiff – Registration of Title Act 1964, ss.62(7),64(1) – Defendants, as appellants, seek to overturn Circuit Court orders substituting Mars Capital Finance Ireland DAC as plaintiff and refusing the first defendant’s motions for particulars, discovery, removal of redactions and cross-examination – Whether Mars Capital Finance Ireland DAC should be substituted as plaintiff and whether the first defendant was entitled to particulars, discovery, removal of redactions and liberty to cross-examine in summary possession proceedings – 07/08/2026 – [2026] IEHC 559 Start Mortgages DAC v Larkin and anor Library acquisitions Keenan, A. Owners’ Management Company: Law and Best Practice (2nd ed.). Dublin: Clarus Press, 2026 – N54.6.C5 Articles McEntee, S. Reshaping conveyancing. Law Society Gazette 2026; Aug/Sept: 2021 Wright, L. Deliberating between fixtures or the skin of a building. Conveyancing and Property Law Journal 2025; 4: 72-86
PUBLIC LAW Public law – Disclosure order – Inquiries Act 2005 – Plaintiff seeks an order directing the Registrar of the Special Criminal Court to produce judgments and transcripts of sentencing remarks for provision to the Chair of the Omagh Bombing Inquiry – Whether the High Court should, in its inherent jurisdiction, order production of Special Criminal Court
judgments and sentencing transcripts to the Minister for onward transmission to the Omagh Bombing Inquiry, having regard to the interests of justice and absence of legal prejudice – 28/05/2026 – [2026] IEHC 535 Minister for Justice v DPP and anor
Library acquisitions Handley, K.R., The Honourable Mr Justice. Spencer Bower and Handley: Res Judicata (6th ed.). London: LexisNexis, 2024 – N384.5
sought to overturn the Circuit Court’s affirmation of Workplace Relations Commission decisions dismissing his complaints under the Equal Status Act against the local authority and the Department of Social Protection – Whether the Circuit Court erred in law or acted with bias or in breach of fair procedures in dismissing the appellant’s discrimination complaints under the Equal Status Act – 31/07/2026 – [2026] IEHC 560 S(J) v Donegal County Council; S(J) v Department of Social Protection
REVENUE
SPORTS LAW
Revenue law – Strike out order – Abuse of process in summary judgment application based on conflicting affidavit evidence as to the basis of the tax debt – Plaintiff seeks summary judgment to enforce an alleged income tax liability for multiple years against the defendant based on either filed returns or amended assessments – 14/04/2026 – [2026] IEHC 333 Howley v Byrne
Articles Reilly, L., Kerslake, R. Overview of CAS cases from the Milano Cortina 2026 Olympic Winter Games. The Bar Review 2026; 31 (3): 91-95
RES JUDICATA
SOCIAL WELFARE Social welfare law – Order allowing statutory appeal – Validity of sanctions without proper statutory notices – Social Welfare Consolidation Act 2005 – Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 – Appellant seeks to overturn the Appeals Officer’s determination upholding the reduction in his jobseeker’s allowance and two nine-week disqualifications imposed under ss.141A and 141B of the Social Welfare Consolidation Act 2005 – 05/06/2026 – [2026] IEHC 343 Fitzgerald v Minister for Social Protection Judicial review – No order as to costs – Allocation of appeal costs – Social Welfare Consolidation Act 2005 – Legal Services Regulation Act 2015, s.169(1) – Appellant sought an order that there be no order as to costs, contending that the proceedings raised important constitutional and public interest issues and operated as a test case – Whether, despite the respondents’ complete success in opposing the appeal, the public importance and test case nature of the proceedings warranted departing from the general rule and making no order as to costs – 31/07/2026 – [2026] IECA 150 Lordan v Minister for Social Protection Equality and social welfare law – Appeal dismissal order – Equal Status Act 20002018, ss.3,38A – Social Welfare Consolidation Act 2005, ss.172,173 – Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007, reg.128 – Courts (Supplemental Provisions) Act 1961, s.45 – Guardianship of Infants Act 1964, s.32 – Appellant
STATUTORY INTERPRETATION Articles Konca, P. The Interpretation Act 2005: 20 years later. The Irish Jurist 2026; 74: 108133
STATUTE OF LIMITATIONS Library acquisitions McGee, A. Limitation Periods (10th ed.). London: Sweet and Maxwell, 2026 – N355
TAXATION Library acquisitions Fennell, D. Direct Tax Acts: Finance Act 2025 (30th ed.). Dublin: Irish Tax Institute, 2026 – M335.C5 Keogan, A., Scully, E. Law of Capital Acquisitions Tax, Stamp Duty and Local Property Tax: Finance Act 2025 (15th ed.). Dublin: Irish Taxation Institute, 2026 – M337.16.C5 McLafferty, F. Capital Tax Acts 2026. Dublin: Bloomsbury, 2026 – M335.C5.Z14 Articles Donaghy, M., Duggan, T. Irish stamp duty and foreign shares: navigating the hidden exposure for foreign investment structures. Conveyancing and Property Law Journal 2026; 2: 18-20
TORT Tort law – Contribution and indemnity claim – Occupiers’ liability and contribution between wrongdoers – Occupiers’ Liability Act 1995, s.3 – Civil Liability Act 1961, s.21 – Second named defendant seeks an indemnity or contribution from the first named defendant in respect of a settlement paid to the plaintiff for injuries sustained in a school garden – Whether the first named defendant, as occupier of the garden, breached its common duty of care and
was a wrongdoer liable to contribute to or indemnify the second named defendant in respect of the settlement – 29/07/2026 – [2026] IEHC 540 O’Keefe [a minor] v Representative Church Body of Church of Ireland and anor
VULNERABLE ADULTS Wardship and capacity law – Appointment of decision-making representative – Assisted Decision-Making (Capacity) Act 2015, ss.38(5),55(1),55(5),55(6),141 – Appellant mother sought to overturn the High Court’s discharge of her son from wardship and the appointment of an independent decision-making representative, and to have herself appointed as decision-making representative – Whether the High Court erred in law in discharging the ward from wardship and appointing an independent decision-making representative instead of the appellant mother – 24/07/2026 – [2026] IECA 165 In the matter of M(E) Capacity and guardianship law – Strike out order – Capacity assessment application – Assisted Decision-Making (Capacity) Act 2015 – Applicant seeks orders under the inherent jurisdiction of the High Court, including the appointment of an independent medical visitor or clinician to carry out a detailed capacity assessment of his father – Whether the High Court should exercise its inherent jurisdiction to grant the capacity-related reliefs sought or instead refuse the application and strike out the proceedings – 20/07/2026 – [2026] IEHC 596 S(T) v S(B) and ors Articles Hynes, Á. The Assisted Decision-Making (Capacity) Act – Three Years On. Irish Journal of Family Law 2026; 29 (2): 3334 Bills initiated in Dáil Éireann during the period May 22, 2026, to September 18, 2026 [pmb]: Private Members’ Bills are proposals for legislation in Ireland initiated by members of the Dáil or Seanad. Other Bills are initiated by the Government. Anti-Shrinkflation Bill 2026 – Bill 73/2026 [pmb] – Senator Holly Cairns and Senator Sinéad Gibney Broadcasting (Amendment) Bill 2026 – Bill 54/2026 Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Bill 2026 – Bill 59/2026 Defence (Amendment) Bill 2026 – Bill 63/2026 Defence (Amendment) (No. 2) Bill 2026 – Bill 80/2026 [pmb] – Deputy Paul Murphy, Deputy Richard Boyd Barrett and Deputy Ruth Coppinger
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Development (Strategic Gas Reserve) Bill 2026 – Bill 72/2026 Dublin Airport (Passenger Capacity) Bill 2026 – Bill 70/2026 Electoral (Postal Voting) (Carers) Bill 2026 – Bill 81/2026 [pmb] – Deputy Mark Wall Electricity Regulation (Amendment) (No. 2) Bill 2026 – Bill 68/2026 [pmb] – Deputy Barry Heneghan Forestry (Critical Infrastructure) (Amendment) Bill 2026 – Bill 64/2026 [pmb] – Deputy Martin Kenny and Deputy Claire Kerrane Health (Amendment) Bill 2026 – Bill 67/2026 [pmb] – Deputy Louise O’Reilly and Deputy David Cullinane Health (Provision of Contraception Prescribing Service in Retail Pharmacy Businesses) Bill 2026 – Bill 74/2026 Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 – Bill 58/2026 National Vehicle and Driver File, Road Traffic and Roads Bill 2026 – Bill 83/2026 Planning and Development (Amendment) Bill 2026 – Bill 75/2026 Planning for Constitutional Change Bill 2026 – Bill 65/2026 [pmb] – Mary Lou McDonald – Bill defeated by vote on June 16, 2026 Postal and Telecommunications Services (Amendment) Bill 2026 – Bill 71/2026 Prohibition of Sulky-Racing Bill 2026 – Bill 61/2026 [pmb] – Deputy Mattie McGrath Railway Safety Bill 2026 – Bill 82/2026 Regulation of Artificial Intelligence Bill 2026 – Bill 69/2026 School Meals Nutritional Standards Bill 2026 – Bill 66/2026 [pmb] – Deputy Jen Cummins Strategic Lawsuits against Public Participation Bill 2026 – Bill 76/2026 Bills initiated in Seanad Éireann during the period May 22, 2026, to September 18, 2026 Adult Safeguarding Strategy Bill 2026 – Bill 79/2026 [pmb] – Senator Tom Clonan, Senator Michael McDowell, Senator Aubrey McCarthy, Senator Joe Conway, Senator Victor Boyhan, Senator Gerard P. Craughwell, Senator Rónán Mullen, Senator Sarah O’Reilly, Senator Chris Andrews, Senator Conor Murphy, Senator Pauline Tully, Senator Joanne Collins, Senator Maria McCormack, Senator Patricia Stephenson, Senator Laura Harmon, Senator Nessa Cosgrove, Senator Alice-Mary Higgins, Senator Frances Black, Senator Lynn Ruane, Senator Malcolm Noonan and Senator Sharon Keogan Air Navigation and Transport (Amendment) Bill 2026 – Bill 55/2026 [pmb] – Senator Patricia Stephenson, Senator Alice-Mary Higgins, Senator Frances Black, Senator Laura Harmon, Senator Nessa Cosgrove, Senator Lynn Ruane and Senator Malcolm Noonan – Bill
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defeated by vote on May 27, 2026 Development (Strategic Gas Reserve) Bill 2026 – Bill 72/2026 – Committee Stage Domestic Violence Judgments Register Bill 2026 – Bill 62/2026 Electoral (Amendment) (Voting Age) Bill 2026 – Bill 60/2026 [pmb] – Senator Joanne Collins, Senator Pauline Tully, Senator Maria McCormack, Senator Chris Andrews, Senator Conor Murphy and Senator Nicole Ryan Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2026 – Bill 57/2026 Prevention of Energy Wastage Bill 2026 – Bill 78/2026 [pmb] – Senator Jennifer Whitmore Prohibition of Lethal Autonomous Weapons Systems Bill 2026 – Bill 56/2026 [pmb] – Senator Alice-Mary Higgins, Senator Lynn Ruane, Senator Eileen Flynn and Senator Frances Black Protection of Children (Online Age Verification) Bill 2026 – Bill 77/2026 [pmb] – Senator Rónán Mullen, Senator Sharon Keogan, Senator Aubrey McCarthy, Senator Michael McDowell, Senator Gerard P. Craughwell, Senator Joe Conway, Senator Aidan Davitt,,,,, Senator Diarmuid Wilson and Senator Sarah O’Reilly Progress of Bill and Bills amended in Dáil Éireann during the period May 22, 2026, to September 18, 2026 Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Bill 2026 – Bill 59/2026 – Committee Stage Domestic Violence Judgments Register Bill 2026 – Bill 62/2026 – Committee Stage Dublin Airport (Passenger Capacity) Bill 2026 – Bill 70/2026 – Committee Stage Dublin Transport Authority (Amendment) Bill 2026 – Bill 52/2026 – Committee Stage Finance Bill 2026 – Bill 51/2026 – Committee Stage Guardianship of Infants and Child Care (Amendment) Bill 2026 – Bill 53/2026 – Committee Stage – Report Stage Health (Provision of Contraception Prescribing Service in Retail Pharmacy Businesses) Bill 2026 – Bill 74/2026 – Committee Stage – Passed by Dáil Éireann Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 – Bill 58/2026 – Committee Stage – Report Stage Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2026 – Bill 57/2026 – Committee Stage – Report Stage Planning and Development (Amendment) Bill 2026 – Bill 75/2026 – Committee Stage
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Regulation of Artificial Intelligence Bill 2026 – Bill 69/2026 – Committee Stage Progress of Bill and Bills amended in Seanad Éireann during the period May 22, 2026, to September 18, 2026 Criminal Justice (International Cooperation on Electronic Evidence and Other Matters) Bill 2026 – Bill 59/2026 – Committee Stage Domestic Violence Judgments Register Bill 2026 – Bill 62/2026 – Committee Stage Dublin Airport (Passenger Capacity) Bill 2026 – Bill 70/2026 – Committee Stage Finance Bill 2026 – Bill 51/2026 – Committee Stage Guardianship of Infants and Child Care (Amendment) Bill 2026 – Bill 53/2026 – Committee Stage Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 – Bill 58/2026 – Committee Stage Israeli Settlements in the Occupied Palestinian Territory (Prohibition of Importation of Goods) Bill 2026 – Bill 57/2026 – Committee Stage National Treasury Management Agency (Miscellaneous Provisions) Bill 2026 – Bill 48/2026 – Committee Stage – Report Stage – Passed by Dáil Éireann Planning and Development (Amendment) Bill 2026 – Bill 75/2026 – Committee Stage Regulation of Artificial Intelligence Bill 2026 – Bill 69/2026 – Committee Stage For up-to-date information please check the following websites: Bills and legislation http://www.oireachtas.ie/parliament/ http://www.taoiseach.gov.ie/eng/Taoise ach_and_Government/Government_Legi slation_Programme/ Supreme Court determinations – leave to appeal granted Published on Courts.ie – May 22, 2026, to September 18, 2026 AAG-A and OEA (a minor suing by his mother and next friend AAG-A) v Minister for Justice [2026] IESCDET 116 – Leave to appeal from the High Court granted on 31/08/2026 – (O’Malley J., Hogan J., O’Moore J.) In the matter of part 6 of the Assisted Decision Making (Capacity) Act 2015 (as amended) and in the matter of CNB a ward of court v General solicitors for minors and wards of court [2026] IESCDET 78 – Leave to appeal from the High Court granted on 25/06/2026 – (O’Malley J., Collins J., Hyland J.) The people (Director of Public Prosecutions) v Byrne [2026] IESCDET 70 – Leave to appeal from the Court of Appeal granted on 15/06/2026 –
(O’Malley J., Collins J., Hyland J.) Friends of the Irish Environment v Minister for the Environment [2026] IESCDET 87 – Leave to appeal from the Court of Appeal granted on 01/07/2026 – (O’Donnell C.J., Murray J., O’Moore J.) GH v Tusla the Child and Family Agency and ors [2026] IESCDET 105 – Leave to appeal from the Court of Appeal granted on 21/07/2026 – (Hogan J., Murray J., O’Moore J.) Harte v Special Criminal Court and ors [2026] IESCDET 101 – Leave to appeal from the Court of Appeal granted on 16/07/2026 – (Woulfe J., Hogan J., Donnelly J.) Jones v Minister for Public Expenditure and Attorney General and ors [2026] IESCDET 64 – Leave to appeal from the High Court granted on 22/05/2026 – (Woulfe J., Donnelly J., Hyland J.) John Kiernan otherwise John Duncan Morris v Minister for Children [2026] IESCDET 82 – Leave to appeal from the High Court granted on 30/06/2026 – (O’Malley J., Collins J., Hyland J.) Minister for Justice v McNicholl [2026] IESCDET 68 – Leave to appeal from the Court of Appeal granted on 12/06/2026 – (Woulfe J., Donnelly J., Hyland J.) Minister for Justice v O’Kane [2026] IESCDET 69 – Leave to appeal from the Court of Appeal granted on 12/06/2026 – (Woulfe J., Donnelly J., Hyland J.) O’Brien v Data Protection Commission and ors [2026] IESCDET 97 – Leave to appeal from the High Court granted on 10/07/2026 – (Woulfe J., Hogan J., Donnelly J.) Rural Residents Wind Aware and Environmental Group v An Coimisiún Pleanála [2026] IESCDET 113 – Leave to appeal from the High Court granted on 04/08/2026 – (O’Malley J., Woulfe J., Donnelly J.) Rural Residents Wind Aware and Environmental Group v An Coimisiún Pleanála [2026] IESCDET 114 – Leave to appeal from the High Court granted on 04/08/2026 – (O’Malley J., Woulfe J., Donnelly J.) SM v Minister for Justice [2026] IESCDET 72 – Leave to appeal from the High Court granted on 17/06/2026 – (O’Malley J., Collins J., Hyland J.) Thornton v Minister for Children [2026] IESCDET 81 – Leave to appeal from the High Court granted on 30/06/2026 – (O’Malley J., Collins J., Hyland J.) XTX Markets Technologies Limited v Aviva Investors Liquidity Funds plc [2026] IESCDET 66 – Leave to appeal from the High Court granted on 10/06/2026 – (Woulfe J., Collins J., O’Moore J.) For up-to-date Information, please check the courts website: https://www.courts.ie/determinations
LAW IN PRACTICE
THE
GREENLAND QUESTION
As the global political order continues to fracture, the status of Greenland poses questions for the European Union and its Treaty’s mutual defence and assistance clause. Greenland and the USA signed an agreement that was described by Christina Lassen, Denmark's UN Ambassador, as one that strengthens the security of all concerned. The deal signed in September updates a 1951 defence agreement that allowed the USA to build military bases on Greenland and to move its forces freely across the territory. Despite the public statements, ultimately the agreement gives Washington a bigger role in deciding what happens on the island.1 This article will focus on the risks to European defence and
Niamh Ní Aonghusa BL
security, and how the EU might consider dealing with those risks.
Article 42.7, Treaty on European Union
S
Known as the mutual defence clause, Art.42.7 of the Treaty on European Union (TEU) states:
escalated following his re-election in 2024, when he
“If a Member State is the victim of armed aggression on its territory, the other Member
claimed that the USA needed Greenland for national protection.
States shall have towards it an obligation of aid and assistance by all the means in their
The rhetoric continued into 2025 and 2026, with President Trump
power, in accordance with Article 51 of the United Nations Charter. This shall not
refusing to rule out military force. He has also threatened
prejudice the specific character of the security and defence policy of certain Member
economic sanctions against Denmark and several other countries
States. Commitments and cooperation in this area shall be consistent with commitments
after they deployed troops to Greenland. January 2026 saw
under the North Atlantic Treaty Organisation, which, for those States which are
concern grow within the EU and NATO given the strategic
members of it, remains the foundation of their collective defence and the forum for
importance of Greenland in the Arctic region. This has presented
its implementation”.2
ince his first term, United States of America President Donald Trump has asserted claims to Greenland. This
challenges to the EU in terms of defence and security. Months of uncertainty came to an end on September 22, when Denmark,
Article 42.7 has only been activated on one occasion. That was in 2015 when France
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activated it following terrorist attacks in Paris.3 What is meant by “aid and
Articles 5 and 6, North Atlantic Treaty
assistance” is not elaborated upon in Art.42.7, and its activation in 2015 led
Denmark and the United States are both founding members of NATO.11 A
to some uncertainty about how the article operates in practice. The
similar principle of “collective self-defence” is set out in Art.5 of the North
assistance that France sought was primarily military in nature as it was
Atlantic Treaty. It states as follows:
“struggling to cope with its foreign military commitments while beefing up
“The Parties agree that an armed attack against one or more of them in
security at home in the wake of the attacks, and asked the rest of Europe
Europe or North America shall be considered an attack against them all
to come to its assistance”.
4
and consequently they agree that, if such an armed attack occurs, each
The request from France was in two areas, including “support for operations
of them, in exercise of the right of individual or collective self-defence
in the Levant (Syria and Iraq) and the Sahel, as well as an increase in
recognized by Article 51 of the Charter of the United Nations, will assist
contributions by EU Member States to EU and UN operations in Africa, in
the Party or Parties so attacked by taking forthwith, individually and in
order to relieve French forces”.5 Ireland responded to France’s request by
concert with the other Parties, such action as it deems necessary,
increasing its participation in the European Union Training Mission (EUTM)
including the use of armed force, to restore and maintain the security of
in Mali, and the United Nations Multidimensional Integrated Stablization
the North Atlantic area.
Mission in Mali.6 The Department of Foreign Affairs has outlined that Ireland’s
Any such armed attack and all measures taken as a result thereof shall
initial contribution to EUTM Mali was 10 members of the Defence Forces.
immediately be reported to the Security Council. Such measures shall be
From November 2016 when the Mission reached full operational capability in
terminated when the Security Council has taken the measures necessary to
7
terms of its latest mandate, Ireland had 18 personnel in EUTM Mali.
restore and maintain international peace and security”.12
An alternative provision exists in Art.222 of the Treaty on the Functioning of the European Union (TFEU), which is the solidarity clause. This provides for
Article 6 of the treaty expands on what regions are covered within “Europe or
assistance in two scenarios:
North America” for the purposes of Art.5. It is deemed to include “the territory of any of the Parties in Europe or North America, on the Algerian Departments
“The Union and its Member States shall act jointly in a spirit of solidarity if a
of France, on the territory of Turkey or on the Islands under the jurisdiction of
Member State is the object of a terrorist attack or the victim of a natural or
any of the Parties in the North Atlantic area north of the Tropic of Cancer”.13
man-made disaster. The Union shall mobilise all the instruments at its disposal,
It was further confirmed in 1957 that Art.5 does apply to Greenland. A
including the military resources made available by the Member States, to:
publication by the North Atlantic Military Committee stated that “all the islands
(a) prevent the terrorist threat in the territory of the Member States;
in the North Atlantic and the Norwegian and Greenland Sea areas of the Arctic
- protect democratic institutions and the civilian population from any
Ocean belong to NATO nations, or to those likely to be allied in time of war”.14
terrorist attack; - assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack; (b) assist a Member State in its territory, at the request of its political 8
authorities, in the event of a natural or man-made disaster”.
What is the status of Greenland within Denmark and the EU? Greenland is an autonomous territory within Denmark. It was incorporated into the Constitution of Denmark in 1953.15 Greenlanders hold Danish citizenship; however, Greenland itself is not an EU member state. Denmark
Upon initial examination, it would appear more appropriate for France to
has been a member of the EU since 1973.16
have invoked Art.222 given that the attacks in 2015 were terrorist in nature.
Greenland17 has been designated as an Overseas Country and Territory (OCT)
However, this has been described as a “civilian” clause,9 where Art.42.7 is
within the EU since its departure from the European Economic Community (the
clearly intended to cover defence matters given the reference to “armed
precursor to the EU) in 1985.18 The status of OCTs, as described by the European
aggression” and to NATO. At the time there were debates over why France
Commission, is that they are not sovereign countries but depend to varying
chose to utilise Art.42.7 over Art.222: “Many observers have suggested that
degrees on member states with which they maintain special links – in the case of
France has avoided doing so in order to retain a greater role over the
Greenland this is Denmark.19 The preamble to the Treaty on the Functioning of
response to the attacks, as Article 42 TEU is intergovernmental in nature. In
the European Union (TFEU) emphasises that it is “intending to confirm the
contrast, invoking Article 222 would pave the way for greater involvement
solidarity which binds Europe and the overseas countries and desiring to ensure
by the EU institutions”.
121
10
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
the development of their prosperity, in accordance with the principles of the
LAW IN PRACTICE
Charter of the United Nations”.20 The association between the EU and the OCTs
Application of Article 42.7 to Greenland
is covered by Arts.198 to 204 of the TFEU. Article 198 states as follows:
The difficulty with Art.42.7 arises with the phrase “on its territory”, and there has been no further clarification regarding the geographical coverage of the
“The purpose of association shall be to promote the economic and social
article.33 The ambiguity within the article itself leaves it open to discussion as to
development of the countries and territories and to establish close economic
whether or not it applies to Greenland. European officials have however been
relations between them and the Union as a whole.
emphatic in their response to rhetoric from the United States regarding the
In accordance with the principles set out in the preamble to this Treaty,
application of Art.42.7 to Greenland. In January 2025 in response to statements
association shall serve primarily to further the interests and prosperity of the
by President Trump that the United States needs Greenland for national security
inhabitants of these countries and territories in order to lead them to the
purposes,34 the European Commission spokesperson confirmed that Art.42.7
economic, social and cultural development to which they aspire”.21
TEU does apply to Greenland.35 More recently in January 2026 Andrius Kubilius, European Commissioner for Defence and Space, said that “Article 42.7 would
Since 2021, Greenland’s relations with the EU have been based on the
‘definitely’ apply”.36 Also in January 2026 Ursula von der Leyen, President of
Greenland Treaty and the Council Overseas Association Decision.22 Article 1
the European Commission, and António Costa, President of the European
of the Decision outlines that it “establishes an association of the OCTs with
Council, issued a joint statement, which stated as follows:
the Union (the ‘association’), which constitutes a partnership to support the OCTs’ sustainable development as well as to promote the values and standards
“Territorial integrity and sovereignty are fundamental principles of
of the Union in the wider world. The partners to the association are the Union,
international law. They are essential for Europe and for the international
the OCTs and the Member States to which they are linked. In addition, this
community as a whole. We have consistently underlined our shared
Decision lays down rules concerning the relations between the Union on the
transatlantic interest in peace and security in the Arctic, including through
23
one hand, and Greenland and Denmark on the other”.
NATO. The pre-coordinated Danish exercise, conducted with allies, responds
Article 3(4) of the Decision provides that its purpose “is to preserve the existing
to the need to strengthen Arctic security and poses no threat to anyone. The
ties between the Union on the one hand, and Greenland and Denmark on the
EU stands in full solidarity with Denmark and the people of Greenland.
24
other, acknowledging the geostrategic position of Greenland in the Arctic”.
Dialogue remains essential, and we are committed to building on the process
Of the ¤500m available in EU funding to OCTs from 2021 to 2027, ¤225m
begun already last week between the Kingdom of Denmark and the US”.37
was allocated to Greenland.25 It is important to note that the Decision does not provide for defence or military funding. Instead, the breakdown of funding
While Danish officials have been clear in their push back of any possible
is focused on education and green growth, with ¤202.5m being allocated to
invasion by the United States, they have leaned towards reliance upon NATO
26
education, and ¤22.5m to green growth. In contrast, the OCT receiving the
rather than Art.42.7. They have framed the position through the lens of
next highest amount of funding is French Polynesia, which receives ¤31m.27
broader security concerns in the Arctic region. In a joint statement in January
While Greenland as an OCT has a wide degree of autonomy, crucially the
2026 the Prime Minister of Denmark, along with other EU leaders, stated that:
Commission notes that “defence and foreign affairs usually remain within the remit of the Member States”.28 The 2009 Act of Greenland Self-Government
“Arctic security remains a key priority for Europe and it is critical for
sets out an agreement between Naalakkersuisut (the Greenland Government)
international and transatlantic security. NATO has made clear that the Arctic
and the Danish Government as “equal partners”.29 Chapter 4 of the Act covers
region is a priority and European Allies are stepping up. We and many other
foreign affairs and while Greenland does participate in international matters,
Allies have increased our presence, activities and investments, to keep the
it is clear that ultimate authority rests with Denmark. It states that “the powers
Arctic safe and to deter adversaries. The Kingdom of Denmark – including
granted to Naalakkersuisut in this Chapter shall not limit the Danish
Greenland – is part of NATO. Security in the Arctic must therefore be achieved
authorities’ constitutional responsibility and powers in international affairs,
collectively, in conjunction with NATO allies including the United States, by
as foreign and security policy matters are affairs of the Realm”.30
upholding the principles of the UN Charter, including sovereignty, territorial
Prior to 2022, Denmark had opted out of EU common security and defence
integrity and the inviolability of borders. These are universal principles, and
policy following a ‘no’ vote on the Treaty of Maastricht in 1992.31 In June 2022
we will not stop defending them. The United States is an essential partner in
Denmark voted to abolish the opt-out and as a result “Denmark has had the
this endeavour, as a NATO ally and through the defence agreement between
32
opportunity to fully participate in EU cooperation on security and defence”.
the Kingdom of Denmark and the United States of 1951.
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Greenland belongs to its people. It is for Denmark and Greenland, and them only, to decide on matters concerning Denmark and Greenland”.
38
January 2026 that Denmark, Germany, France, Sweden and Norway, all of whom are NATO members, were sending military personnel to Greenland.48 By April 2026, the European Commission had agreed to prepare a blueprint
It is worth noting that Denmark has sent more troops to Greenland following the
on how to respond in the event that a member state triggers Art.42.7.49 This
increase in rhetoric around annexation by the United State in January 2026.39
has yet to be published.
Greenland’s own government has taken a similar approach with a statement issued in January 2026 highlighting that “Greenland is, as a part of the
Effect on Ireland’s neutrality
Kingdom of Denmark, a member of NATO. We have great faith in the NATO-
Ireland, along with several other member states, has a long-held policy of
alliance. And know that NATO supports us in this situation”.40 From a NATO
neutrality. This is set out as recently as the 2025 Programme for Government,
perspective it poses interesting questions about its effectiveness given that
where it is described as a “policy of active military neutrality”,50 but it has not
both Denmark and the United States are members, and because Greenland is
been codified in our Constitution or laws. Ireland’s defence policy does include
included in its scope. Any invasion of Greenland may pose a serious threat to
a “highly engaged and participative approach internationally, particularly
41
through the United Nations (UN) and European Union (EU)”.51 Ireland is not
the future of NATO.
a member of NATO. There were concerns in Ireland about the effect of Art.42.7 during the first
Effectiveness of Article 42.7 Concerns also arise as to the effectiveness of Art.42.7 if it is activated, with 42
referendum on the Treaty of Lisbon held in 2008.52 Following the vote in the
suggestions that it could be “merely symbolic” as “European nations lack
first referendum, the European Council sought to address these concerns,
the military force required to effectively stand up to the US; the EU’s only
among others, in a decision in 2009. This decision expressly guaranteed that
effective weapon against a US offence would be its economic leverage”.43 It
the Treaty of Lisbon “does not affect or prejudice Ireland’s traditional policy
is important to bear in mind that Art.42.7 does not exclusively relate to an
of military neutrality”.53 It went on to further state that “it will be for Member
armed response. The language of “aid and assistance” remains flexible. Given
States – including Ireland, acting in a spirit of solidarity and without prejudice
that the article has only been activated once, it remains to be seen how any
to its traditional policy of military neutrality – to determine the nature of aid
activation might look in practice.
or assistance to be provided to a Member State which is the object of a
In 2022, the Council of the EU published a Strategic Compass for a stronger
terrorist attack or the victim of armed aggression on its territory”.54
EU security and defence in the next decade. This strategy included several
Article 42.7 came into effect upon ratification of the Treaty of Lisbon by all
areas the EU intended to focus on to safeguard its security interests; of
member states. The language clearly reflects the EU’s efforts to alleviate
44
concerns over neutrality. It states that the obligation “shall not prejudice the
particular importance were the areas of cyber-attacks and hybrid threats. The European Council has described a hybrid threat as:
specific character of the security and defence policy of certain Member States”.55 This allows accommodation for individual states, such as Ireland,
“coordinated harmful activities that are planned and carried out with malign
who are neutral.
intent. They aim to undermine a target, such as a state or an institution, through a variety of means, often combined. These means may include
Conclusion
information manipulation, cyberattacks, economic influence or coercion,
As the world’s attention has shifted from Venezuela to Iran, concerns remain
covert political manoeuvring, coercive diplomacy, or threats of military force”.45
over the defence of Greenland and other areas of strategic importance within Europe. The broader international law stemming from the North Atlantic Treaty
123
The difficulty with applying Art.42.7 comes with the phrase “armed attack”.
appears to cover Greenland in the event of a possible invasion, and while the
That is because it can be “challenging to ascertain whether the cyber or hybrid
EU position seems quite clear that Art.42.7 would apply in such a scenario,
modi operandi can be regarded as an armed attack, be it a single incident or
some ambiguity remains as to whether Denmark would rely instead upon its
a series of minor malicious activities”.46 It is of note that NATO has clarified
position in NATO.
that significant cyber-attacks and hybrid attacks may be considered ‘armed
For now, the debate remains largely academic and the 2015 triggering of the
attack’ for the purposes of Art.5.47
article provides little guidance on how it might play out in an area of such
More recently, concrete planning appears to show that NATO and the EU are
strategic importance as Greenland. It remains a possibility that the EU might be
taking steps to prepare for a possible attack on Greenland. It was reported in
forced to consider whether Art.42.7 does apply, and what that might look like.
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LAW IN PRACTICE
References 1. Staunton D. US-Denmark deal on Greenland is a reward for American bullying. The Irish
14. North Atlantic Military Committee. Strategic Concept for the Defense of the North
Times, September 29, 2026. Available from:
Atlantic Treaty Organization Area, MC 14/2. May 23, 1957. Available from:
https://www.irishtimes.com/world/2026/09/29/us-denmark-deal-on-greenland-is-a-
https://www.nato.int/content/dam/nato/webready/documents/Archives/stratdoc/en
reward-for-american-bullying/
g/a570523a.pdf.
2. Mutual Defence Clause (Article 42.7 TEU). Available from:
15. The Constitutional Act of Denmark. Available from:
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https://www.thedanishparliament.dk/-/media/sites/ft/pdf/publikationer/the-
612mutualdefsolidarityclauses_/sede200612mutualdefsolidarityclauses_en.pdf.
constitutional-act-of-denmark.pdf.
3. European Organisation of Military Associations and Trade Unions. France invoked “mutual defence clause” for first time in EU history. Available from: https://euromil.org/france-invoked-mutual-defence-clause-for-the-first-time-in-euhistory/. 4. Traynor, I. France invokes EU’s article 42.7, but what does it mean? The Guardian,
16. European Union/EU Countries. Denmark. Available from: https://europeanunion.europa.eu/principles-countries-history/eu-countries/denmark_en. 17. Parliament of Denmark, EU Information Centre. The Danish realm and the EU. Available from: https://www.thedanishparliament.dk/eu-information-centre/the-danish-realmand-the-eu.
November 17, 2015. Available from:
18. Ibid.
https://www.theguardian.com/world/2015/nov/17/france-invokes-eu-article-427-
19. European Commission. Overseas Countries and Territories. Available from:
what-does-it-mean. 5. European Parliament. Activation of Article 42 (7) TEU: France’s request for assistance and Member States’ responses. December 2015. Available from:
https://international-partnerships.ec.europa.eu/countries/overseas-countries-andterritories_en. Also contains references to France and the Netherlands, which have OCTs. 20. European Union Consolidated version of the Treaty on the Functioning of the European
https://www.europarl.europa.eu/RegData/etudes/BRIE/2015/573883/EPRS_BRI%28
Union. Available from: https://eur-lex.europa.eu/legal-
2015%29573883_EN.pdf.
content/EN/TXT/?uri=celex:12012E/TXT.
6. European Parliament. Activation of Article 42 (7) TEU: France’s request for assistance
21. European Union. Consolidated version of the Treaty on the Functioning of the European
and Member States’ responses. July, 2016. Available from:
Union part four – association of the overseas countries and territories. Article 198.
https://www.europarl.europa.eu/RegData/etudes/BRIE/2016/581408/EPRS_
Available from: https://eur-lex.europa.eu/eli/treaty/tfeu_2016/art_198/oj/eng.
BRI(2016)581408_EN.pdf. 7. Houses of the Oireachtas. EU Issues. Dáil Éireann Debate, September 27, 2026. Available from: https://www.oireachtas.ie/en/debates/question/2016-09-27/466/. 8. Solidarity Clause (Article 222 TFEU). Available from: https://www.europarl.europa.eu/meetdocs/2009_2014/documents/sede/dv/sede200
22. European Parliament Research Service. Greenland: Caught in the Arctic geopolitical contest. Available from: https://www.europarl.europa.eu/RegData/etudes/BRIE/2025/769527/EPRS_BRI(202 5)769527_EN.pdf. 23. Council of the European Union. Council Decision (EU) 2021/1764 of 5 October 2021
612mutualdefsolidarityclauses_/sede200612mutualdefsolidarityclauses_en.pdf.
on the association of the Overseas Countries and Territories with the European Union
9. European Parliament. The EU’s mutual assistance clause. First ever activation of Article
including relations between the European Union on the one hand, and Greenland and
42(7) TEU. November 2015. Available from:
the Kingdom of Denmark on the other (Decision on the Overseas Association,
https://www.europarl.europa.eu/RegData/etudes/BRIE/2015/572799/EPRS_
including Greenland). Available from: https://eur-
BRI(2015)572799_EN.pdf.
lex.europa.eu/eli/dec/2021/1764/oj/eng.
10. House of Commons Library. France and Article 42(7) of the Treaty on the European Union. November 18, 2015. Available from:
24. Ibid. 25. European Commission. Report from the Commission to the Council on the
https://commonslibrary.parliament.uk/research-briefings/cbp-7390/.
implementation of the financial assistance provided to the Overseas Countries and
11. North Atlantic Treaty Organisation. NATO Member countries. Available from:
Territories under the Decision on the Overseas Association, including Greenland and
https://www.nato.int/en/about-us/organization/nato-member-countries.
under the 11th European Development Fund in 2024. June 27, 2025. Available from:
12. North Atlantic Treaty Organisation. The North Atlantic Treaty. Available from:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52025DC0334.
https://www.nato.int/en/about-us/official-texts-and-resources/official-
26. European Commission. Multiannual Indicative Programme (MIP) 2021 – 2027 for EU
texts/1949/04/04/the-north-atlantic-treaty. 13. Ibid. See footnote 2 of the Treaty regarding the relevant clauses being inapplicable to Algeria as of 1963.
Cooperation with Greenland. Available from: https://internationalpartnerships.ec.europa.eu/system/files/2021-12/mip-2021-c2021-9159-greenland-an nex_en.pdf.
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27. European Commission. French Polynesia. Available from: https://internationalpartnerships.ec.europa.eu/countries/french-polynesia_en. 28. European Commission. Overseas Countries and Territories. Available from:
University, January 13, 2025, updated January 7, 2026. Available from: https://www.dcu.ie/blog/2151/what-happens-if-trump-invades-greenland.
https://international-partnerships.ec.europa.eu/countries/overseas-countries-and-
43. Ibid.
territories_en.
44. Council of the European Union. A Strategic Compass for a stronger EU security and
29. Government of Denmark. 2009 Act on Greenland Self-Government (English
defence in the next decade, March 21, 2022. Available from:
Translation). June 12, 2009. Available from:
https://www.consilium.europa.eu/en/press/press-releases/2022/03/21/a-strategic-
https://english.stm.dk/media/4vgewyoh/gl-selvstyrelov-uk.pdf.
compass-for-a-stronger-eu-security-and-defence-in-the-next-decade/.
30. Ibid. 31. Parliament of Denmark. EU Information Centre. The Danish opt-outs from EU Cooperation. Available from: https://www.thedanishparliament.dk/eu-information-
45. Council of the European Union. Hybrid threats. Available from: https://www.consilium.europa.eu/en/policies/hybrid-threats/. 46. Hoorickx, E., Moser, C. Does the mutual assistance clause of the Treaty on European
centre/the-danish-opt-outs-from-eu-cooperation#2D28226F533C490A99BDD85F0AB
Union (Article 42(7) TEU) allow for an adequate response to new threats? Royal Higher
19361.
Institute for Defence, e-note 40. May 11, 2022. Available from: https://www.defence-
32. Danish Ministry of Defence. Denmark and the EU. Available from: https://www.fmn.dk/en/topics/international-cooperation/eu/. 33. Fazio, F. What happens if Trump invades Greenland? Brexit Institute, Dublin City University, January 13, 2025, updated January 7, 2026. Available from:
institute.be/wp-content/uploads/2022/09/enote-40-en.pdf. 47. The North Atlantic Treaty Organisation. Collective defence and Article 5. November 12, 2025. Available from: https://www.nato.int/en/what-we-do/introduction-tonato/collective-defence-and-article-5.
https://www.dcu.ie/blog/2151/what-happens-if-trump-invades-greenland.
48. Meredith, S. NATO nations deploy to Greenland after tense White House talks. CNBC.
34. Starcevic, S. Trump refuses to rule out using military force to take Greenland and
January 15, 2026. Available from: https://www.cnbc.com/2026/01/15/greenland-
Panama Canal. Politico, January 7, 2025. Available from: https://www.politico.eu/article/donald-trump-military-force-greenland-panamacanal/. 35. Sari, A. The art of the steal: does the EU’s mutual assistance clause protect Greenland? Opinio Juris. January 1, 2026. Available from: https://opiniojuris.org/2026/01/12/the-art-of-the-steal-does-the-eus-mutualassistance-clause-protect-greenland/. 36. Barigazzi, J., Jack, V. The EU’s little-known way to save Greenland without NATO. Politico, January 15, 2026. Available from: https://www.politico.eu/article/5-thingsto-know-about-the-eu-common-defense-clause/. 37. Council of the European Union. Joint Statement by President Costa and by President von der Leyen on Greenland. January 17, 2026. Available from:
nato-troops-denmark-germany-arctic-trump.html. 49. Rankin, J., Jones, S. EU leaders look to little-known mutual assistance pact amid Trump Nato jibes. The Guardian. April 24, 2026. Available from: https://www.theguardian.com/world/2026/apr/24/europe-defence-nato-us-donaldtrump. 50. Government of Ireland. Programme for Government 2025: Securing Ireland’s Future. Available from: https://assets.gov.ie/static/documents/programme-for-governmentsecuring-irelands-future.pdf. 51. Government of Ireland. White Paper on Defence Update 2019. Available from: https://assets.gov.ie/static/documents/white-paper-on-defence-update-20199400840a-735c-452e-ace0-8ca59785ade7.pdf. 52. Cramer, C.S., Franke, U. Ambiguous alliance: neutrality, opt-outs, and European
https://www.consilium.europa.eu/en/press/press-releases/2026/01/17/joint-
defence. European Council on Foreign Relations, June 28, 2021. Available from:
statement-by-president-costa-and-by-president-von-der-leyen-on-greenland/.
https://ecfr.eu/publication/ambiguous-alliance-neutrality-opt-outs-and-european-
38. The Prime Minister’s Office. Joint Statement on Greenland. January 6, 2026. Available from: https://stm.dk/statsministeriet/publikationer/faellesudtalelse-om-groenland/. 39. Barigazzi, J., Jack, V. Denmark sends more troops to Greenland. Politico, January 19,
defence/. 53. Council of the European Union. Presidency Conclusions of the Brussels European Council 18/19 June 2009. p. 18. Available from:
2026. Available from: https://www.politico.eu/article/denmark-to-boost-military-
https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/108622.p
presence-in-greenland/.
df.
40. Naalkakkersuisut Government of Greenland. January 13, 2016. Available from: https://naalakkersuisut.gl/Nyheder/2026/01/1301_talepunkter. 41. Starcevic, S. NATO is done if Trump invades Greenland, Danish PM warns. Politico. January 5, 2026. Available from: https://www.politico.eu/article/nato-done-if-usdonald-trump-invades-greenland-denmark-pm-mette-frederiksen-warns/.
125
42. Fazio, F. What happens if Trump invades Greenland? Brexit Institute, Dublin City
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54. Ibid. 55. Mutual Defence Clause (Article 42.7 TEU). Available from: https://www.europarl.europa.eu/meetdocs/2009_2014/documents/sede/dv/sede20 0612mutualdefsolidarityclauses_/sede200612mutualdefsolidarityclauses_en.pdf.
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The foundation and objective established by Art.119 of the Treaty of Rome has remained the same in essence, although reinforced, expanded and renumbered subsequently, including by the Amsterdam Treaty in 19975 and in the Recast Directive of 2006.6 When Ireland first joined the EEC, there was a general acceptance that men were paid more than women, with a ‘marriage bar’ in place for women in public service jobs.
Cathy McGrady BL
Joseph Bradley BL
Thankfully things have moved on somewhat, but in 2026, the 50th anniversary of women in Ireland gaining the right to equal pay, women workers in the Irish workforce still earn on average about 90 cents for every Euro earned by men for each hour worked.7 The Anti-Discrimination (Pay) Act 1974 was the first piece of employment equality
While it has not yet been transposed into Irish law, the Pay Transparency Directive has far-reaching implications for Irish employers and employees.
legislation in Ireland, with the purpose of ensuring equal treatment in relation to certain terms and conditions of employment between men and women employed in like work, providing: “(1) Subject to this Act, it shall be a term of the contract under which a woman is employed in any place that she shall be entitled to the same rate of remuneration as a man who is employed in that place by the same employer (or by an associated employer if the employees, whether generally or of a particular class, of both employers have the same
T
he Pay Transparency Directive (Directive EU 2023/970)
terms and conditions of employment), if both are employed on like work”.8
(The Directive)1 is the latest and indeed a far-reaching EU initiative, the purpose of which is to strengthen the
The 1974 Act was considered in the landmark case Murphy v An Bord Telecom Eireann,9
application of the principle of equal pay for equal work or work
a case involving female workers who were paid less than male comparators, where their
of equal value, between men and women, through pay
work was, in fact, found to be of higher value than that of the comparator. The Equality
transparency and enforcement mechanisms.2 The rules are soon
Officer’s conclusion that the work performed by the women was not “like work” within
to take effect across the EU and build on previous steps taken by
the meaning of the Act, and that accordingly, they were not entitled to the same rate of
Ireland and other member states in recent years to address gender
pay as the male comparator, was upheld by the Labour Court on appeal. On appeal to
pay disparity. The Directive will oblige member states to take
the High Court on a point of law, the High Court agreed with the interpretation of the
further comprehensive action towards this goal.
Equality Officer and the Labour Court, but in his judgment of March 4, 1986,10 Mr Justice Keane also stated:
Background The right to equal pay regardless of gender has been a founding
“A possible consequence of the legislation in the present case is that the Appellants may
principle of the European Union since the establishment of the
lawfully be paid lower wages than male employees in the same place of work, although
European Economic Community (EEC). Article 119 of the Treaty
their work is of higher value, simply because they are women. Whether such a consequence
of Rome, 1957, provides:
is reconcilable with the provisions of Article 119, having regard to the rulings of the Court of Justice in Defrenne v Sabena, is a matter on which I am in doubt and is clearly a question
“Each Member State shall during the first stage ensure and
of Community law as well as national law”.
subsequently maintain the application of the principle that men and women should receive equal pay for equal work”.3
The High Court referred certain questions to the Court of Justice for a preliminary ruling under Art.177 of the EEC Treaty and the European Court of Justice took a purposive
4
The Equal Treatment Directive of 1976 built on this progress,
approach to the interpretation of the legislation and the Directive, stating:
providing for the implementation of the principle of equal
127
treatment for men and women as regards access to employment,
“Discrimination based on sex between a woman worker and a more highly paid man doing
vocational training and promotion, and working conditions.
work of lesser value is direct and overt”.
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LAW IN PRACTICE
The requirement for equal pay between men and women was further
ensures informed and transparent negotiation on pay, such as including it in
embedded in Irish law in the Employment Equality Act 1998, as amended.
a published job vacancy notice or otherwise. Ibec has indicated an objection
Sections 19 and 20 of the Act specifically provide for a contractual entitlement
to any requirement to include salary information in a job advertisement.
to equal remuneration for like work. A further significant development in this
Nichola Harkin, Head of Employment Law Services, Ibec, has asserted that
jurisdiction was the Gender Pay Gap Information Act 2021, which puts Ireland
this is not required by the aim of the Directive, which is to put candidates into
ahead of some member states in such matters. The 2021 Act amended the
an equal bargaining position, not to force businesses to share what might be
11
Employment Equality Act 1998, requiring employers to publish information
commercially sensitive information.17 This has not yet been addressed in the
relating to the remuneration of their employees for the purpose of showing
legislation, but a future job applicant, it seems, should be armed with this
whether there are differences in such remuneration referable to gender and,
information when negotiating salary or even prior to job application,
if so, the size of such differences.
12
This may include, inter alia, the
depending on how the Directive is transposed in this jurisdiction.
requirement to report the mean and median hourly wage for workers by
In accordance with Art.5 of the Directive, prospective employers will also be
gender, as well as bonus remuneration by gender.
prohibited from asking applicants about their pay history, whether from
Resulting data reported by employers pursuant to the 2021 Act highlights the
current or previous employments. Pre-employment pay negotiations and job
difference in average pay between men and women, and the need for
offers must therefore be based on the value attributed to the job or on
measures to address this issue. In 2022, a Structure of Earnings Survey carried
collective agreements, and not on the current salary or salary history.
out by the Central Statistics Office found that the average male earned 9.6%
Employers will also be required to ensure that job vacancy notices and job
13
more than the average female. In answer to a Parliamentary Question in May
titles are gender neutral, and that recruitment processes are led in a non-
2026, the Minister for Children, Disability and Equality stated that the 2024
discriminatory manner, in order not to undermine the right to equal pay for
gender pay gap in Ireland was estimated at 8.3%, meaning that, on average,
equal work or work of equal value. This is nothing new but emphasises the
14
women are paid 8.3% less per hour than men, a differential that is significant.
requirement for equal pay.
The Directive – implications and obligations
Workers’ right to information
The implications of, and obligations imposed by, the Directive are significant
Another significant requirement for employers will be around transparency and
for employers. Implementation will require careful planning and preparation,
the provision of information to employees or workers in an employment
and is likely to be a burdensome task for employers. It is important to be aware
relationship. An employee’s right to certain information is established in Art.7,
that the Directive applies to workers who have an employment contract or
which provides for the right to request and receive, in writing, information on
employment relationship, but obligations arising under the Directive also
their individual pay level and the average pay levels, broken down by sex, for
precede the employment/working relationship.
categories of workers performing the same work as them or work of equal value to theirs (the assessment of whether workers are in a comparable situation shall
Pre-employment obligations/job applicants
not be limited to situations in which female and male workers work for the
Employment equality legislation has long prohibited discrimination in relation 15
16
same employer). This information must be provided within a reasonable period
to access to employment on the nine grounds covered by the Act, but this
of time, not exceeding two months from the date of the request. The
protection is increased under the Directive, insofar as it applies to the
information can be requested personally or through a worker’s representative
gender/sex ground and insofar as it relates to equal pay. Article 5 of the
or equality body. Employers will be required to inform all workers annually of
Directive provides for pay transparency prior to employment, giving job
their right to receive this information and how to exercise that right.
applicants a right to receive certain information about:
Article 7 further provides that contractual terms that restrict workers from disclosing information about their pay are to be prohibited by member states,
(a) the initial pay or its range, based on objective, gender-neutral criteria, to be attributed for the position concerned; and,
although employers may require that employees do not use such information, once obtained, for any purpose other than to exercise their right to equal pay.
(b) where applicable, the relevant provisions of the collective agreement applied by the employer in relation to the position.
Obligation to report Article 9 of the Directive provides a requirement for member states to ensure
An employer will be required to provide this information in a manner that
that employers provide information, including an obligation to report on the
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LAW IN PRACTICE
pay gap between female and male workers, in effect the gender pay gap. As
Significantly, Art.16 provides that compensation cannot be restricted by
mentioned, the Gender Pay Gap Information Act 2021 has already introduced
the fixing of a prior upper limit, which is a departure from other
a legislative basis for gender pay gap reporting in Ireland and the requirements
employment rights legislation. Where claims for compensation may be
of the Directive build upon this.
without such restriction, potential financial exposure from litigation could
The Department of Children, Disability and Equality has developed an online
be very substantial.
centralised reporting database, the Gender Pay Gap Portal.18 The Portal
Art.18 also provides for a shifting burden of proof, similar to the burden
launched on a voluntary basis in November 2025 and it is envisaged that
under the Employment Equality Acts, namely that when workers who
employers with over 50 employees will be legally obliged to report their gender
consider themselves wronged because the principle of equal pay has not
pay gap information to the Portal for the 2026 reporting cycle.
been applied to them establish facts from which it may be presumed that
In accordance with the Directive, where an unjustified pay gap of 5% is
there has been direct or indirect discrimination, it shall be for the employer
identified within a category, which cannot be objectively justified on gender-
to prove that there has been no such discrimination in relation to pay. It
neutral criteria, or quickly remedied, a joint pay assessment will be required,
shall also be for the employer to prove that there has been no direct or
which must be made available to employees, employee representatives, labour
indirect discrimination in relation to pay, where the employer has not
inspectorate, and/or an equality body.
implemented the pay transparency obligations, save for where an employer proves that an infringement of the obligation was manifestly unintentional
Compensation
and of a minor character.
19
The Directive further provides that member states shall ensure that, after possible recourse to conciliation, court proceedings for the enforcement of
Current Irish position
rights and obligations relating to the principle of equal pay are available to all
The deadline of June 7, 2026, for the transposition of the Directive into
workers who consider that there has been a failure to apply the principle of
member states’ national legislation has passed and there appears to be no
equal pay. The limitation period will not begin to run until an employee
certainty on a timeline for transposition into Irish law. Notwithstanding the
becomes aware of a breach.
Gender Pay Gap Information Act 2021, the Remuneration Information and
Of course, a remedy already exists in Ireland under the Employment Equality
Pay Transparency Bill 2023, and the General Scheme of the Equality
Acts in relation to equal pay, but the right to information may make breaches
(Miscellaneous Provisions) Bill 2024 suggesting further amendments to the
easier to identify and rights easier to enforce, with the possibility of
Employment Equality Acts in furtherance of the Directive, the Minister for
increased compensation.
Children, Disability and Equality confirmed to the EU Commission that Ireland
The right to compensation is contained in Art.16 of the Directive, and member
would miss this deadline.21 Ireland is by no means alone in this, with very few
states must ensure that any worker who has sustained damage as a result of
member states having fully implemented the Directive.
an infringement of any right or obligation relating to the principle of equal pay
The Minister has also confirmed, in response to a Parliamentary Question,
has the right to claim and to obtain compensation or reparation, as determined
that the implementation will be “on a phased basis once the passage of the
by the member state, for that damage. Similarly to the well-established
legislation is complete”.22 This suggests that there will be a transitional period
20
129
principles from Von Colson v Land Nordrhein-Westfalen, in which it was held
for Irish employers while the Directive is implemented. The transposition has
that the sanction for breaches of Community rights must be adequate,
been impacted by a number of factors, including a delay in completing a
effective, and have a deterrent effect, the Directive provides that compensation
series of EU Commission workshops on the transposition. Furthermore, an
or reparation must constitute real and effective compensation or reparation for
employer guidance and toolkit developed by the European Institute for
the loss and damage sustained, in a dissuasive and proportionate manner. It is
Gender Equality (EIGE) and the European Commission was not published
further provided that compensation must restore the worker who has sustained
until the end of March this year. A dedicated Irish Employer Gender-Neutral
damage to the position in which that person would have been, if he or she had
Job Evaluation toolkit, based on the EIGE toolkit, has been commissioned
not been discriminated against based on sex. Furthermore, the compensation
by the Department of Children, Disability and Equality, and employers will
or reparation may include full recovery of back pay and related bonuses or
be invited to attend training workshops based on this adapted toolkit.23 This
payments in kind, compensation for lost opportunities, non-material damage,
may take several months.
and any damage caused by other relevant factors, which may include
Some obligations, such as assessing and categorising ‘like work’ within an
intersectional discrimination, as well as interest on arrears.
organisation, are likely to be burdensome for employers and no doubt
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
LAW IN PRACTICE
compliance will take up significant resources. Certainty in relation to timing
time and space to do it right (until at least June 2027).24 Correspondingly and
of implementation would be helpful. However, notwithstanding the delay and
conversely, on the worker side, the Irish Congress of Trade Unions has referred
likely phased implementation, employers should be advised to continue
to the significant consequences of the delays, particularly for women. In an
preparations. In addition to the imminent requirements to report on the
article on June 5, 2026, the ICTU published a calculation estimating that the
gender pay gap using the Government Portal, employers can continue to take
failure of Ireland to transpose the Directive on time could cost women more
practical steps such as reviewing recruitment processes, including job
than ¤570m per year in lost wages.25
specifications and advertisements, undertaking employee training, assessing
Ultimately, the Directive may not lead to the elimination of the gender pay
and categorising employees engaged in like work, and identifying pay issues
gap, which could be influenced by many factors. However, steps such as
that may remain.
transparency and dissuasive compensation could encourage change,
Given that the Directive was adopted in June of 2023, it is unfortunate that
whether legal, psychological or societal, so that hopefully in 2077, 50 years
there is still no clear roadmap towards full implementation. Ibec has called on
on from the transposition of the Directive, we are not still discussing gender
the Government to confirm that implementation, particularly of the elements
pay disparity.
that go beyond pre-employment requirements, should allow employers the
References 1. European Union. Directive (EU) 2023/970 of the European Parliament and of the
13. Central Statistics Office. Structure of Earnings Survey 2022. Available from:
Council of 10 May 2023 to strengthen the application of the principle of equal pay for
https://www.cso.ie/en/releasesandpublications/ep/p-
equal work or work of equal value between men and women through pay transparency
ses/structureofearningssurvey2022/.
and enforcement mechanisms. Available from: https://eur-
14. Dáil Debate, May 26, 2026, vol. 1086, written answer 937, 938 and 939 [40217/26].
lex.europa.eu/eli/dir/2023/970/oj/eng.
15. Employment Equality Act 1998, s8.
2. Ibid.
16. Employment Equality Act 1998, s6.
3. Article 119, Treaty Establishing The European Economic Community.
17. Inside Business with Ciaran Hancock. Will new pay transparency rules close the gender
4. Council Directive 76/207/EEC of 9 February 1976. Available from: https://eurlex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31976L0207. 5. Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts. Available from: https://eurlex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:11997D/TXT.
pay gap for good?. Available from: https://open.spotify.com/episode/7KW622OyvsUeAlPL8Vtkk3?si=KTtX2FHpTCSznx_4 0FM_Vw&utm_source=native-share-menu&nd=1&dlsi=6e1103dc56ad4f74. 18. Government of Ireland. Gender Pay Gap Portal. Available from: https://www.genderpaygapireland.gov.ie/.
6. Directive 2006/54/EC of the European Parliament and of the Council of 5 July
19. Article 16.
2006 on the implementation of the principle of equal opportunities and equal
20. Case 14/83.
treatment of men and women in matters of employment and occupation (recast).
21. Dáil Debate, May 26, 2026, vol. 1086, written answer 936-939 [40217/26].
Available from: https://eur-lex.europa.eu/legal-
22. Ibid.
content/EN/TXT/HTML/?uri=CELEX:32006L0054.
23. Ibid.
7. Irish Congress of Trade Unions. A tale of two Directives – equal pay and transparency.
24. Inside Business with Ciaran Hancock. Will new pay transparency rules close the gender
May 1, 2026. Available from: https://www.ictu.ie/blog/tale-two-directives-equal-pay-
pay gap for good?. Available from:
and-pay-transparency.
https://open.spotify.com/episode/7KW622OyvsUeAlPL8Vtkk3?si=KTtX2FHpTCSznx_4
8. Anti-Discrimination (Pay) Act 1974, s2. 9. [1986] ILRM 483.
0FM_Vw&utm_source=native-share-menu&nd=1&dlsi=6e1103dc56ad4f74. 25. Irish Congress of Trade Unions. Delayed pay transparency to cost women workers over
10. [1986] 3 JIC 0401.
¤570 million a year in lost wages. June 5, 2026. Available from:
11. Employment Equality Act, s20A.
https://www.ictu.ie/news/delayed-pay-transparency-cost-women-workers-over-
12. Gender Pay Gap Information Act 2021, s2.
eu570-million-year-lost-wages.
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LAW IN PRACTICE
CROSS-BORDER
PROTECTION
FOR VULNERABLE ADULTS A proposed EU Regulation would represent a significant development for the protection of vulnerable adults in cross-border situations, but legislative gaps remain.
common framework between EU members for the recognition and enforcement of protective measures. This is a significant development for members of the EU, and I will consider some important aspects of this later in this article. Capacity issues affecting individuals can, however, extend beyond national and European borders. In one case in the United Kingdom, the enforceability of representative powers made in New
Catherine Duggan BL
Additional research by Laoise Mangan BL
Zealand, Ontario, British Columbia, Spain, and Singapore was determined by the UK Court of Protection, involving cross-border applications brought by attorneys to have these instruments recognised in the UK.1 The Court set out in its judgment the complex potential recognition routes, including under its own law, the Mental Capacity Act 20052 (the 2005 Act), which makes provision for recognition of ‘protective measures’. Ultimately, with some significant modifications, the Court recognised the instruments, but not in the case of the Spanish power of attorney. The
W
131
e are living in an increasingly mobile world, and
children of a UK national living in Spain sought recognition of his Spanish power of attorney to
individuals have property and financial interests across
manage his UK pensions and Barclays bank account. The Court of Protection refused, finding it
multiple jurisdictions. Recent Eurostat figures indicate
was not ‘of like effect’ under the 2005 Act.
that almost one in four people living in Ireland were born abroad. For
In terms of the international framework in this field, currently the key agreement is the Hague
those with cross-border interests, or who live or plan to retire abroad,
Convention of 13 January 2000 on the International Protection of Adults (the Hague
incapacity planning can present significant legal challenges.
Convention), which provides for the recognition and enforcement of protective measures in
Individuals with assets in multiple jurisdictions may have sophisticated
Convention countries taken by the authorities of a Contracting State. However, there are only
succession plans but overlook the need to plan for incapacity, despite
16 contracting parties to the Hague Convention.
its equal, if not greater, importance. Without adequate planning, they
There are currently 14 EU member states that are not party to the Hague Convention. Some EU
may face significant legal obstacles to accessing and managing their
countries, such as Italy, have signed but not ratified the Hague Convention. In a civil law case in
assets for their own benefit at a time when they are most vulnerable.
Italy,3 the Italian Supreme Court considered the enforceability of a foreign power of attorney,
The Council of the European Union has reached an agreement on an
granted by a German individual to his Italian lawyer, and declared it completely null and void on
EU law that will guarantee the rights of vulnerable adults who need
the basis that it lacked the localised linguistic and notary formalities. The proposed EU Regulation
protection or support in cross-border situations, and establish a
will therefore be very important to Italy.
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LAW IN PRACTICE
The current mechanism for recognition
Article 1(2) sets out the objects, which include to provide for the recognition and
These cases where powers of attorney or other substitute decision-making
enforcement of protective measures made in one contracting country to be
instruments are refused recognition are not uncommon, because the legal
recognised and enforced in another, and to establish such co-operation between
requirements for their creation and recognition can vary significantly between
the authorities of the Contracting States as may be necessary in order to achieve
jurisdictions. One option to deal with this issue is to execute separate instruments
the purposes of the Convention.
for each jurisdiction where the individual has assets or intends to reside; however,
Article 3 provides that the ‘measures’ referred to in Art.1 may deal with:
this may not be practical and would need to be regularly reviewed.
a) the determination of incapacity and the institution of a protective regime;
A second option is to have a globally recognised power of attorney. This may seem
b) the placing of the adult under the protection of a judicial or administrative
overly ambitious; however, the Society of Trust and Estate Practitioners (STEP) has
authority;
developed Global Representative Power (GRP) guidelines and a toolkit in response
c) guardianship, curatorship and analogous institutions;
to the findings from a report following concerns from practitioners about the
d) the designation and functions of any person or body having charge of the adult’s
absence of a globally recognised and consistent form of enduring power of attorney. According to STEP, if adopted globally, this would provide consistency and portability while protecting the rights and interests of vulnerable people. This
person or property, representing or assisting the adult; e) the placement of the adult in an establishment or other place where protection can be provided;
important work remains a key policy project for STEP.
f) the administration, conservation or disposal of the adult’s property; or,
A third option is through legislation that would permit foreign attorney instruments
g) the authorisation of a specific intervention for the protection of the person or
to be recognised in each country, such as through the Hague Convention. The
property of the adult.
Hague Convention is given effect in Ireland by Part 11 of the Assisted Decision
Section 110 of the 2015 Act gives effect in the State to the Convention.5
Making (Capacity) Act 2015 (as amended) (the 2015 Act), which provides for
Section 114 provides for the scope of jurisdiction of the High Court and the court,6
applications to Court for recognition and enforcement of ‘protective measures’.4
and provides that the High Court and the court may exercise their functions in
However, there are only 16 contracting parties to the Hague Convention, and there
relation to: (a) an adult ‘habitually resident’ in the State;7 (b) an adult’s property in
is currently no statutory basis for applications to give effect to protective measures
the State; (c) an adult who is present in the State or has property there; or, (d) an
taken in relation to an adult from a non-Convention country.
adult present in the State insofar as the exercise of those functions is temporary
In all other cases, the recognition and enforcement in Ireland of these important
and limited to the State.
protective measures require an application to the High Court for orders made under its inherent jurisdiction. The proposed EU Regulation for the protection of vulnerable adults together with
Applications to the High Court for recognition and enforcement of measures
the Hague Convention could facilitate recognition across a significantly increased
The recognition and enforcement of ‘measures’ is covered in Chapter 4 of the 2015
number of jurisdictions. There is also a proposal for a Council Directive authorising
Act. Section 124(1) provides that ‘a measure’ taken in relation to an adult under
member states to become or remain parties to the Hague Convention. However,
the law of a Hague Convention country other than the State is to be recognised in
the legislative gap remains in relation to jurisdictions outside of these.
the State if it was taken on a ground mentioned in Chapter II (Jurisdiction) of the
Given Ireland’s status as both an EU member state and a contracting party to the
Convention. Sections 124(2) and (3) provide that the High Court or the court may
Hague Convention, careful analysis will be required of the Regulation and its
refuse recognition of a measure in certain circumstances, including if the adult was
interaction with the Convention and the 2015 Act.
not given an opportunity to be heard. Section 127 provides for applications to the High Court or court for a declaration as to whether a measure taken under the law
The Hague Convention and the Assisted Decision Making (Capacity) Act 2015
of, and enforceable in, a Convention country is enforceable in the State. However,
The Hague Convention was ratified by Ireland on May 31, 2024, and entered into
of protective measures taken by authorities of a contracting country and, as stated
force in Ireland on September 1, 2024. The Central Authority is the Director of the
earlier, there are currently only 16 contracting parties to the Hague Convention.
these provisions of the Hague Convention (and the 2015 Act) only apply in respect
Decision Support Service (DSS). Article 1(1) of the Hague Convention provides that the Convention applies to the protection in international situations of
Is a power of attorney a ‘protective measure’?
adults who, by reason of an impairment or insufficiency of their personal
There was uncertainty as to whether a private power of attorney was a ‘measure’
faculties, are not in a position to protect their interests.
within the meaning of the Hague Convention and the 2015 Act. This was one of
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
132
LAW IN PRACTICE
the questions the UK Court of Protection had to consider in the case referred to 1
adopted in any EU country could be recognised and enforced in Ireland. This is an
earlier, Re various applications concerning foreign representative powers. The Court
important development for adults from EU countries that are not party to the Hague
considered whether foreign powers of attorney are capable of being ‘protective
Convention who are seeking to have measures recognised and enforced in Ireland.
measures’ for the purposes of the UK Mental Capacity Act 2005. The Court decided
There are several important matters being left to be determined by the national law
that a protective measure required a degree of intervention by the foreign state
of the countries of the EU, including who should be considered an ‘interested
(for example, a court order or administrative act) and that purely private law
person’ entitled to make an application, and that the procedure for the enforcement
arrangements such as powers of attorney would not normally amount to protective
of measures taken in another member state will be governed by the law of the
measures, but the position was different if the power of attorney was registered.
member state of enforcement.
The UK Court of Protection referred to the Explanatory Report by Paul Lagarde (on
Similarly to the Hague Convention and s.124 of the 2015 Act, it is proposed in the
8
Art.3, which identifies the measures referred to in Art.1) and stated (at para. 30),
EU Regulation that recognition of a measure may be refused if the adult was not
noting that with the publication of the 2017 version there appeared to be a change
given an opportunity to be heard, unless the application was urgent. There are
of position in respect of registered powers:
additional safeguards proposed in the EU Regulation: that the adult should be heard unless the adult is unable to express his or her views, for example, due to a medical
“The revised (2017) version of the Lagarde Report suggests quite the opposite
condition, but that due weight has to be given to the adult’s will and preferences
– that the intention of the discussions which led up to Convention was that
by consulting persons close to the adult or through a ‘representative ad litem’.12 It
registration or confirmation of a private mandate could transform it into a
is also of note that the scope of the EU Regulation would expressly include two
‘protective measure:’
areas not included in the definition of ‘measure’ under the Hague Convention or
This seems to suggest that the intention underpinning the Convention may have
under the 2015 Act:
been that a registered power could be susceptible to an application for recognition
(a) measures to support an adult in exercising his or her legal capacity; and,
and enforcement”.
(b) Powers of Representation granted by an adult.13
Therefore, a power of attorney registered with the relevant authority of the national
As examined earlier, under the Hague Convention and the 2015 Act, a power of
State is capable of being a protective measure. The term would appear to exclude
representation falls within the recognition and enforcement provisions only where
a power of attorney in respect of which no formal registration system exists.
it has been conferred by a competent authority in the relevant State. However, the
Notably, under the proposed EU Regulation, the definition of ‘measure’ will extend
proposed EU Regulation is very clear that the enforcement and recognition
to ‘powers of representation granted by an adult’, which should include all foreign
provisions will extend to ‘powers of representation’ granted to an adult, and
powers of attorney, and that certainly seems to be the intention.
the Council of the EU has made it clear that the Regulation should cover civil matters concerning the protection of adults, in particular related to measures, authentic instruments, and powers of representation aimed at the protection
Orders made under the inherent jurisdiction of the High Court are protective measures
of an adult.14 This should therefore include a power of attorney/representation
The UK Court of Protection accepted in the cases Health Service Executive of Ireland 9
10
granted by an adult authorising a named individual to act on their behalf in
v PA, PB and PC and Health Service Executive of Ireland v A Hospital Provider
the event of their incapacity – even from countries without a system for
that orders made under the inherent jurisdiction of the High Court in Ireland are
registration or without being issued from the relevant central authority.
‘protective measures’ that it could recognise and enforce as foreign ‘protective measures’ under Schedule 3 of the 2005 Act.
The European Certificate of Support and Recognition The proposed EU Regulation will provide for a ‘confirmed power of
The effect and scope of the proposed EU Regulation for the Protection of Vulnerable Adults
representation’, which is to form the basis for the issuance of the European
There are 14 EU member states that are not contracting parties to the Hague
confirmed power of representation is to be understood as a type of power of
11
133
Certificate of Support and Representation (the European Certificate). The
Convention, and the proposed EU Regulation will be very important for cross-
representation in respect of which a court or a competent authority has confirmed
border recognition in respect of those countries. The proposed EU Regulation will
that the representative vested with these powers can exercise them, which is
provide that ‘an interested person’ can apply for the recognition of measures taken
likely to be something similar to the registration system for an enduring power
by the authorities of one member state in other member states and thus, a measure
of attorney with the DSS in this jurisdiction.
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
LAW IN PRACTICE
This European Certificate is expected to be a uniform certificate for representatives
parties to that Convention and to which this Regulation does not apply, in certain
to be able to demonstrate easily their status and powers in another member state,
specific circumstances, where the adult has his or her habitual residence in the Union
for instance in a member state in which an adult’s real property or other assets are
and where the cross-border element of the case at hand involves that third country,
located. It is not proposed that the European Certificate would be mandatory, and
this Regulation should not apply. In addition, the cooperation between competent
the competence to issue the European Certificate will be vested with the court or
authorities and Central Authorities of a Member State and those of a contracting
competent authority of a member state; in Ireland this is likely to be the DSS.
Party to the HCCH 2000 Protection of Adults Convention should be governed by
It is proposed that the internal effect of the European Certificate would be a matter
the relevant provisions of the Convention”.
for national law. As such, it would appear to be a matter for national law as to whether the European Certificate would obviate the need for an application to court
Notably, the present proposal is part of a package that also contains a Commission
for enforcement of a measure.
proposal for a Council Decision authorising the 14 member states that are not currently contracting parties to the Convention to become parties, in the interest
A Certificate under the Hague Convention and the European Certificate
of the European Union. It remains to be seen how this will develop.
There is provision in Art.38 of the Hague Convention for a certificate indicating the
EU Regulation will require careful consideration, particularly in view of the proposed
capacity in which a person is entitled to act and the powers conferred. The question
precedence of the EU Regulation over the Hague Convention in certain areas, and
is likely to arise as to whether the proposed European Certificate may be relied upon
in circumstances where important matters remain to be determined by individual
in a non-EU state that is a contracting party to the Hague Convention, or whether
member states. In Ireland, implementing legislation, including possible amendments
separate certificates under the Regulation and the Convention will be required.
to the 2015 Act, may be necessary to clarify the jurisdiction and functions of the
The interaction between the Hague Convention, the 2015 Act and the proposed
High Court in relation to applications made under the proposed EU Regulation.
The EU Regulation and the Hague Convention The proposal is that the EU Regulation would take precedence over the Hague
Conclusion
Convention in relations between member states. This was stated by the European
In conclusion, the proposed EU Regulation would be a significant step towards
15
Commission in the Explanatory Memorandum on the Proposed EU Regulation
addressing gaps in the protection of adults in cross-border situations. However, its
as follows:
application would be limited to participating EU member states, while the Hague Convention applies only between its Contracting States. Many jurisdictions will
“In relations between Member States, this Regulation should take precedence over
therefore remain outside one or both frameworks. Thus, despite these important
the HCCH 2000 Protection of Adults Convention. However, to ensure that the HCCH
developments, significant legislative gaps remain in the legal framework for the
2000 Protection of Adults is applied in relation to third countries that are contracting
protection of vulnerable adults in this area.
References 1. Re various applications concerning foreign representative powers [2019] EWCOP 52. 2. The Court of Protection noted that the 2005 Act made provision for what is addressed in the Convention for the recognition of ‘protective measures’. The United Kingdom has signed the Convention but ratified it only in relation to Scotland, and not in relation to England and Wales.
given of habitual residence, which despite the important legal consequences attaching to it, should remain a factual concept”. 8. Section 109 of the 2015 Act provides that the High Court may have regard to the Explanatory Report. 9. [2015] EWCOP 38.
3. Decision No. 2866 of February 5, 2021.
10. [2023] EWCOP 55.
4. The 2015 Act came into force in Ireland on April 26, 2023.
11. Some countries, including Italy, have signed but not ratified the Convention.
5. Section 109(3) of the 2015 Act provides that the High Court, the Court and the Director
12. This would be similar to the role of a guardian ad litem in this jurisdiction.
(Decision Support Service) in interpreting Part 11 (of the 2015 Act) and the Convention
13. This will have to be considered with Art.15 of the Hague Convention.
may have regard to the Explanatory Report on the Convention by Paul Lagarde of
14. Brussels, February 13, 2026 (General Secretariat of the Council to Permanent
January 5, 2000. 6. The “court” is defined in s.2 of the 2015 Act as the Circuit Court.
Representatives Committee/Council) Interinstitutional File: 2023/0169 (COD). 15. Paragraph 64 of the Explanatory Memorandum.
7. At para. 49 of the Explanatory Report by Paul Lagarde, it is stated: “No definition was
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
134
CLOSING ARGUMENT
IRISH IS HAVING A MOMENT:
WILL IT LAST? This Presidency marks a pivotal moment for the Irish language, but we must maintain the momentum and continue to ensure that the language thrives at home and abroad.
T
his Irish Presidency of the Council of the
from other countries that this is their first time
European Union has seen many firsts for
hearing the language.
Cynthia Ní Mhurchú MEP
the Irish language. The first time that
Irish has been an official working language of
Will it last?
the EU during a Presidency. The first time we’ve
But the thing about moments is that, while they
seen Ministers using Irish in the Parliament. The
are exciting, they come and go. And a moment
first time President von der Leyen’s State of the
brought to 11 the total number of interpreters
means very little to our Gaeltacht communities,
Union address has been actively interpreted into
available to MEPs. This is yet another step in the
who are not necessarily benefitting from this
Irish. And the first time we as MEPs have had
right direction.
increased interest in the language.
opportunities to use Irish at committee level,
135
The reality is that Irish speakers in the Gaeltacht
rather than solely during plenary sessions in
Irish is more visible
are being pushed out of their own communities
Strasbourg. These are all positive developments
But when January rolls around and the
because of the housing crisis. The very places
and mark an exciting time for the language.
Presidency spotlight is no longer upon Ireland,
where the language can thrive most. Worse still,
Despite the progress that has been made in
what will the reality be? Will Irish interpretation
in the case of Gaeltacht Ráth Chairn, many new
recent months, the reality is that there is still a
still be more widely available? Will speeches
houses are being allocated to families that
derogation in place for Irish until 2029. What
still be interpreted into Irish, like we saw for the
primarily speak English.
does this mean? It means that a vote passed in
first time at this year’s State of the Union
When it comes to our education system, roughly
the previous parliamentary term giving Irish
address? And will MEPs, Ministers and other
16,000 students who sat their Leaving
secondary status as an official EU language
Irish representatives still make a conscious
Certificate examinations this year had an
pertains until 2029. Irish-language services are
effort to use their Irish when representing their
exemption from Irish. Therefore, the reality is
therefore limited, meaning that MEPs cannot be
country abroad?
that, yes, this Presidency is serving a purpose;
guaranteed to receive interpretation any time
I ask these questions because it is undeniable
we have been successful in promoting the
they wish to use the language.
that Irish is having a moment. People whose
language and giving it greater visibility
Ever since my election to the European
Irish has gotten rusty over the years are keen
internationally. It has created real momentum,
Parliament in 2024, I have repeatedly called for
to start lessons again in their 30s and 40s. Irish
one which I sincerely welcome.
an end to this sidelining of the language,
is more visible in pop culture, such as in music
But until that momentum translates into real
pinpointing this Presidency as a moment when
and cinema.
investment in the language, and until we take
we can bring about real change.
Politicians are more acutely aware of this
a hard look at the education system, the
I recently welcomed the news that four new
newfound interest in the language and are
problems at the core of this conversation will
Irish-language interpreters had successfully
making an effort to use cúpla focal in their work.
remain unresolved.
passed an interinstitutional accreditation test. A
From my own perspective, clips I post online
I know that while it matters that Irish politicians
successful training programme run by the
during which I speak Irish are gaining huge
use Irish at EU level, it is far more important that
Parliament’s interpretation service, DG LINC,
traction on social media, with many commenting
the language actually thrives at home.
THE BAR REVIEW / Volume 31 / Number 4 / October 2026
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