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  • Commentaries

admissibility-of-metadata-evidence-post-smyth:-a-new-precedent-in-irish-supreme-court Case Commentaries

Challenge to Receiver Appointment Is Not “a Claim to an Estate or Interest in Land” for Lis Pendens Purposes (s.121(2)(a) LCLRA 2009)

Challenge to Receiver Appointment Is Not “a Claim to an Estate or Interest in Land” for Lis Pendens Purposes (s.121(2)(a) LCLRA 2009)

Date: Jan 28, 2026
Challenge to Receiver Appointment Is Not “a Claim to an Estate or Interest in Land” for Lis Pendens Purposes (s.121(2)(a) LCLRA 2009) Case: Goldstein Property ICAV v RELM Loan Opportunities 2...
POCA s.3 “Mixed Asset” Rule: Entire Property May Be Frozen Where Partly Crime-Funded, With Equity Managed at Disposal

POCA s.3 “Mixed Asset” Rule: Entire Property May Be Frozen Where Partly Crime-Funded, With Equity Managed at Disposal

Date: Jan 28, 2026
POCA s.3 “Mixed Asset” Rule: Entire Property May Be Frozen Where Partly Crime-Funded, With Equity Managed at Disposal Case: Criminal Assets Bureau v Humphreys (Approved) [2026] IEHC 20 Court: High...
Legally Aided Parents in Special Care Proceedings: Costs Must Be Determined “As If” No Legal Aid (s.33 Civil Legal Aid Act 1995)

Legally Aided Parents in Special Care Proceedings: Costs Must Be Determined “As If” No Legal Aid (s.33 Civil Legal Aid Act 1995)

Date: Jan 28, 2026
Legally Aided Parents in Special Care Proceedings: Costs Must Be Determined “As If” No Legal Aid (s.33 Civil Legal Aid Act 1995) Case: The Child and Family Agency v D and Ors (Approved) | Citation:...
Nationwide Reach of District/Circuit Isaac Wunder Orders and the High Court’s Inherent Anti‑Vexation Injunction (Not a “Protective” Jurisdiction)

Nationwide Reach of District/Circuit Isaac Wunder Orders and the High Court’s Inherent Anti‑Vexation Injunction (Not a “Protective” Jurisdiction)

Date: Jan 28, 2026
Nationwide Reach of District/Circuit Isaac Wunder Orders and the High Court’s Inherent Anti‑Vexation Injunction (Not a “Protective” Jurisdiction) Case: M v M (Approved) | Court: Supreme Court of...
Isaac Wunder Orders in Child Access and Maintenance Cases: Proportionate “Filtering” and the (Limited) Power of the District and Circuit Courts

Isaac Wunder Orders in Child Access and Maintenance Cases: Proportionate “Filtering” and the (Limited) Power of the District and Circuit Courts

Date: Jan 28, 2026
Isaac Wunder Orders in Child Access and Maintenance Cases: Proportionate “Filtering” and the (Limited) Power of the District and Circuit Courts Case: M v M (Approved) | Court: Supreme Court of...
Undue Leniency and Extended Sentences: “Bell” Deference, Guideline Flexibility, and Scrutiny of Risk Assessments

Undue Leniency and Extended Sentences: “Bell” Deference, Guideline Flexibility, and Scrutiny of Risk Assessments

Date: Jan 27, 2026
Undue Leniency and Extended Sentences: “Bell” Deference, Guideline Flexibility, and Scrutiny of Risk Assessments 1. Introduction His Majesty’s Advocate v Michael Patrick Harvey ([2026] HCJAC 3) is a...
EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches)

EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches)

Date: Jan 27, 2026
EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches) 1. Introduction Hampshire...
Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay

Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay

Date: Jan 27, 2026
Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay 1. Introduction The Federal Republic of Nigeria v VR Global Partners...
“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision

“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision

Date: Jan 23, 2026
“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision 1. Introduction Hawes, R (On the...
ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify

ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify

Date: Jan 23, 2026
ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify 1. Introduction Secretary of State for...
Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing

Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing

Date: Jan 22, 2026
Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing 1) Introduction Pepper Finance Corporation (Ireland)...
Age-Assessment Judicial Review Not Academic Where the Finding May Have Ongoing Practical Consequences

Age-Assessment Judicial Review Not Academic Where the Finding May Have Ongoing Practical Consequences

Date: Jan 22, 2026
Age-Assessment Judicial Review Not Academic Where the Finding May Have Ongoing Practical Consequences 1. Introduction Dastan Ibrahimi against Glasgow City Council ([2026] CSIH 4) is an Inner House...
Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim

Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim

Date: Jan 22, 2026
Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim...
Neiser v Leinster Senior College Ltd [2026] IEHC 15 — Dismissal for Post-Warning Inactivity and Cumulative Delay Exceeding Five Years

Neiser v Leinster Senior College Ltd [2026] IEHC 15 — Dismissal for Post-Warning Inactivity and Cumulative Delay Exceeding Five Years

Date: Jan 22, 2026
Neiser v Leinster Senior College Ltd [2026] IEHC 15: Post-Warning Inactivity and Five-Year Cumulative Inactivity Justify Dismissal for Delay 1. Introduction Neiser v Leinster Senior College Ltd...
Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute

Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute

Date: Jan 22, 2026
Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute Case: K.S. v The International Protection Appeals Tribunal and Anor [2026]...
Incoherence in Survivor-Pension Rules Breaches Article 40.1: Qualified Cohabitants Cannot Be Excluded Where Cohabitation Is Treated as Equivalent for Withholding/Restoring Benefits

Incoherence in Survivor-Pension Rules Breaches Article 40.1: Qualified Cohabitants Cannot Be Excluded Where Cohabitation Is Treated as Equivalent for Withholding/Restoring Benefits

Date: Jan 22, 2026
Incoherence in Survivor-Pension Rules Breaches Article 40.1: Qualified Cohabitants Cannot Be Excluded Where Cohabitation Is Treated as Equivalent for Withholding/Restoring Benefits Case: Jones v...
Haydon v Rex: “Likely” in s.2 Explosive Substances Act 1883 means “could well” (real risk), and mens rea is limited to causing an explosion

Haydon v Rex: “Likely” in s.2 Explosive Substances Act 1883 means “could well” (real risk), and mens rea is limited to causing an explosion

Date: Jan 22, 2026
Haydon v Rex: “Likely” in s.2 Explosive Substances Act 1883 means “could well” (real risk), and mens rea is limited to causing an explosion 1) Introduction Haydon v Rex ([2026] EWCA Crim 12, 21...
Mixed-Use Premises as “Dwellings” Under LTA 1985: Service Charge Control Applies Despite Ancillary Residential Use

Mixed-Use Premises as “Dwellings” Under LTA 1985: Service Charge Control Applies Despite Ancillary Residential Use

Date: Jan 22, 2026
Mixed-Use Premises as “Dwellings” Under LTA 1985: Service Charge Control Applies Despite Ancillary Residential Use Introduction Case: Cloisters Business Centre Management Company Ltd v Anvari & Anor...
Commissioning Alone Is Not “Economic Activity” Under TUPE: A Single EU-Law “Undertaking” Test for Competition and Employment

Commissioning Alone Is Not “Economic Activity” Under TUPE: A Single EU-Law “Undertaking” Test for Competition and Employment

Date: Jan 22, 2026
Commissioning Alone Is Not “Economic Activity” Under TUPE: A Single EU-Law “Undertaking” Test for Competition and Employment Case: Bicknell & Anor v NHS Nottingham And Nottinghamshire Integrated...
Criminal Trading Counts as “Work” and Illegal Receipts as “Income” for ESA Entitlement and Means-Testing

Criminal Trading Counts as “Work” and Illegal Receipts as “Income” for ESA Entitlement and Means-Testing

Date: Jan 22, 2026
Criminal Trading Counts as “Work” and Illegal Receipts as “Income” for ESA Entitlement and Means-Testing 1. Introduction Allen v The Secretary of State for Work And Pensions [2026] EWCA Civ 19...
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