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  • Commentaries

admissibility-of-extrinsic-evidence-in-will-interpretation:-o& Case Commentaries

Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44

Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44

Date: Sep 15, 2025
Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44 Citation: [2025] HCJAC 44 (Appeal Court, High Court of...
Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified (Keogh v Special Criminal Court)

Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified (Keogh v Special Criminal Court)

Date: Sep 13, 2025
Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified Case: Keogh v Special Criminal...
Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla — Commentary on Maksymowicz [2025] NICA 42

Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla — Commentary on Maksymowicz [2025] NICA 42

Date: Sep 13, 2025
Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla Introduction This commentary examines the Court of...
Inter Partes Discovery under O.31 r.12 confined to opposing parties: notice parties in private law must use non‑party discovery (O.31 r.29)

Inter Partes Discovery under O.31 r.12 confined to opposing parties: notice parties in private law must use non‑party discovery (O.31 r.29)

Date: Sep 13, 2025
Inter Partes Discovery under O.31 r.12 confined to opposing parties: notice parties in private law must use non‑party discovery (O.31 r.29) Case: O’Sullivan & Anor v Allied Irish Bank plc & Anor;...
Unduly Lenient Means Gross Error: Court of Appeal reaffirms narrow scope of section 36 references in Category 1A child sex cases (R v Kenyon [2025] EWCA Crim 1238)

Unduly Lenient Means Gross Error: Court of Appeal reaffirms narrow scope of section 36 references in Category 1A child sex cases (R v Kenyon [2025] EWCA Crim 1238)

Date: Sep 13, 2025
Unduly Lenient Means Gross Error: Court of Appeal reaffirms narrow scope of section 36 references in Category 1A child sex cases (R v Kenyon [2025] EWCA Crim 1238) Introduction This commentary...
Diaz (NICA): Abuse of the Common Travel Area is an Aggravating Factor and England & Wales Section 25 Sentencing Principles Apply in Northern Ireland

Diaz (NICA): Abuse of the Common Travel Area is an Aggravating Factor and England & Wales Section 25 Sentencing Principles Apply in Northern Ireland

Date: Sep 13, 2025
Diaz (NICA): Abuse of the Common Travel Area is an Aggravating Factor and England & Wales Section 25 Sentencing Principles Apply in Northern Ireland Case: The King v Eric Diaz [2025] NICA 52 (Court...
Discharged Bankrupts Have No Standing to Litigate Estate-Related Claims; High Court Authorises Isaac Wunder Restraint on Collateral Attacks

Discharged Bankrupts Have No Standing to Litigate Estate-Related Claims; High Court Authorises Isaac Wunder Restraint on Collateral Attacks

Date: Sep 13, 2025
Discharged Bankrupts Have No Standing to Litigate Estate-Related Claims; High Court Authorises Isaac Wunder Restraint on Collateral Attacks Case: John Gaynor v Sheridan Quinn Solicitors, Robert...
No Decision, No Chenchooliah: Prematurity and Separation of Powers in Irish Removal/Deportation Procedure

No Decision, No Chenchooliah: Prematurity and Separation of Powers in Irish Removal/Deportation Procedure

Date: Sep 13, 2025
No Decision, No Chenchooliah: Prematurity and Separation of Powers in Irish Removal/Deportation Procedure Case Comment on M v Minister for Justice [2025] IEHC 494 (High Court, 12 September 2025)...
Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme: Stephenson v FTT [2025] EWCA Civ 1160

Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme: Stephenson v FTT [2025] EWCA Civ 1160

Date: Sep 13, 2025
Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme Stephenson v First-Tier Tribunal (Social Entitlement Chamber) [2025] EWCA Civ 1160 Introduction This...
No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43)

No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43)

Date: Sep 12, 2025
No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43) Introduction In Scott McDonald v His Majesty’s...
R v Lindley [2025] EWCA Crim 1213: No Newton Hearing Where Alleged Prior False Allegations Would Not Materially Affect Sentence; Delayed “Provocation” Is Not Significant Mitigation for Attempted Murder

R v Lindley [2025] EWCA Crim 1213: No Newton Hearing Where Alleged Prior False Allegations Would Not Materially Affect Sentence; Delayed “Provocation” Is Not Significant Mitigation for Attempted Murder

Date: Sep 12, 2025
R v Lindley [2025] EWCA Crim 1213: No Newton Hearing Where Alleged Prior False Allegations Would Not Materially Affect Sentence; Delayed “Provocation” Is Not Significant Mitigation for Attempted...
Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance

Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance

Date: Sep 12, 2025
Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance Case: The Prudential Assurance...
Howells [2025] EWCA Crim 1237: Disapplying the “third‑strike” minimum for Class A supply does not justify a non‑custodial sentence—guidelines still require custody and suspended terms should ordinarily be activated (with totality achieved via uplift and concurrency)

Howells [2025] EWCA Crim 1237: Disapplying the “third‑strike” minimum for Class A supply does not justify a non‑custodial sentence—guidelines still require custody and suspended terms should ordinarily be activated (with totality achieved via uplift and concurrency)

Date: Sep 12, 2025
Howells [2025] EWCA Crim 1237: Disapplying the “third‑strike” minimum for Class A supply does not justify a non‑custodial sentence—guidelines still require custody and suspended terms should...
Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4

Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4

Date: Sep 12, 2025
Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4 Introduction In Royal...
Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials

Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials

Date: Sep 12, 2025
Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials Introduction This Court of Appeal...
Active Verification, Flexible Evidence, and Non‑Fettered Discretion in Irish Employment Visa Decisions: Commentary on Masood v Minister for Justice [2025] IEHC 485

Active Verification, Flexible Evidence, and Non‑Fettered Discretion in Irish Employment Visa Decisions: Commentary on Masood v Minister for Justice [2025] IEHC 485

Date: Sep 11, 2025
Active Verification, Flexible Evidence, and Non‑Fettered Discretion in Irish Employment Visa Decisions: Commentary on Masood v Minister for Justice [2025] IEHC 485 Introduction This High Court...
R v Masih & Singh [2025] EWCA Crim 1236: Upward departures in money laundering sentences when underlying drugs harm is identifiable (Ogden-calibrated approach affirmed)

R v Masih & Singh [2025] EWCA Crim 1236: Upward departures in money laundering sentences when underlying drugs harm is identifiable (Ogden-calibrated approach affirmed)

Date: Sep 11, 2025
Upward departures in money-laundering sentencing where underlying drugs harm is identifiable: Court of Appeal affirms Ogden-calibrated approach in R v Masih & Singh [2025] EWCA Crim 1236 Citation: R...
Unduly Lenient References: Appellate Deference to Charge Framing and the Suspendability of Category C “Production” Offences — R v Hargrave [2025] EWCA Crim 1233

Unduly Lenient References: Appellate Deference to Charge Framing and the Suspendability of Category C “Production” Offences — R v Hargrave [2025] EWCA Crim 1233

Date: Sep 10, 2025
Unduly Lenient References: Appellate Deference to Charge Framing and the Suspendability of Category C “Production” Offences — R v Hargrave [2025] EWCA Crim 1233 Introduction This commentary analyses...
No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159

No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159

Date: Sep 10, 2025
No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159...
R v Mikolajczyk [2025] EWCA Crim 1232: A stringent “interests of justice” standard for 12‑year out‑of‑time appeals and the limits on re-trying jury verdicts

R v Mikolajczyk [2025] EWCA Crim 1232: A stringent “interests of justice” standard for 12‑year out‑of‑time appeals and the limits on re-trying jury verdicts

Date: Sep 10, 2025
R v Mikolajczyk [2025] EWCA Crim 1232: A stringent “interests of justice” standard for 12‑year out‑of‑time appeals and the limits on re-trying jury verdicts Introduction In R v Mikolajczyk [2025]...
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