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  • Commentaries

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

Preservative, Residual Nature of Education-Based Derivative Residence Rights under the Withdrawal Agreement: Commentary on Ayoola v Secretary of State for the Home Department [2025] EWCA Civ 1519

Preservative, Residual Nature of Education-Based Derivative Residence Rights under the Withdrawal Agreement: Commentary on Ayoola v Secretary of State for the Home Department [2025] EWCA Civ 1519

Date: Dec 2, 2025
Preservative, Residual Nature of Education-Based Derivative Residence Rights under the Withdrawal Agreement: Commentary on Ayoola v Secretary of State for the Home Department [2025] EWCA Civ 1519 1....
Misunderstanding an Argument Is a Matter for Appeal, Not Judicial Review – Commentary on MD v Chief International Protection Officer [2025] IEHC 648

Misunderstanding an Argument Is a Matter for Appeal, Not Judicial Review – Commentary on MD v Chief International Protection Officer [2025] IEHC 648

Date: Nov 29, 2025
Misunderstanding an Argument Is a Matter for Appeal, Not Judicial Review – Commentary on MD v Chief International Protection Officer [2025] IEHC 648 1. Introduction This commentary examines the...

    Refugee Family Reunification, EU Opt‑Outs and “Pure Equality” Review:
    Commentary on N.S. v Minister for Justice & Ors [2025] IESC 48

Refugee Family Reunification, EU Opt‑Outs and “Pure Equality” Review: Commentary on N.S. v Minister for Justice & Ors [2025] IESC 48

Date: Nov 28, 2025
Refugee Family Reunification, EU Opt‑Outs and “Pure Equality” Review: Commentary on N.S. v Minister for Justice & Ors [2025] IESC 48 1. Introduction This Supreme Court decision addresses a recurring...
NS v Minister for Justice: Non-Applicability of EU Family Reunification Law Absent Opt-In

NS v Minister for Justice: Non-Applicability of EU Family Reunification Law Absent Opt-In

Date: Nov 28, 2025
NS v Minister for Justice: Non-Applicability of EU Family Reunification Law Absent Opt-In 1. Introduction This commentary analyses the judgment of the Supreme Court of Ireland in NS v Minister for...
Inviolability of the Dwelling and Child Tenants: Constitutional Duties to Remedy Legislative Omissions in Tenancy Law

Inviolability of the Dwelling and Child Tenants: Constitutional Duties to Remedy Legislative Omissions in Tenancy Law

Date: Nov 28, 2025
Inviolability of the Dwelling and Child Tenants: Constitutional Duties to Remedy Legislative Omissions in Tenancy Law I. Introduction A. The case in outline This commentary examines the judgment of...
Children’s Equality, Tenancy Succession and Close Scrutiny of Age-Based Classifications: Commentary on ZG & EW (A Minor) v Ireland & Attorney General

Children’s Equality, Tenancy Succession and Close Scrutiny of Age-Based Classifications: Commentary on ZG & EW (A Minor) v Ireland & Attorney General

Date: Nov 28, 2025
Children’s Equality, Tenancy Succession and Close Scrutiny of Age-Based Classifications Commentary on ZG and EW (A Minor) v Ireland and the Attorney General, [2025] IESC 49 (Donnelly J) 1....
Age-Based Succession to Tenancies, Article 40.1 Equality and the Form of Constitutional Challenges: Commentary on ZG & EW v Ireland [2025] IESC 49

Age-Based Succession to Tenancies, Article 40.1 Equality and the Form of Constitutional Challenges: Commentary on ZG & EW v Ireland [2025] IESC 49

Date: Nov 28, 2025
Age-Based Succession to Tenancies, Article 40.1 Equality and the Form of Constitutional Challenges: Commentary on ZG & EW v Ireland & Attorney General [2025] IESC 49 Court: Supreme Court of Ireland...
Use Immunity for Compelled Password Disclosure: The Supreme Court’s Framework for Digital Searches in Poptoshev v DPP

Use Immunity for Compelled Password Disclosure: The Supreme Court’s Framework for Digital Searches in Poptoshev v DPP

Date: Nov 28, 2025
Use Immunity for Compelled Password Disclosure: The Supreme Court’s Framework for Digital Searches in Poptoshev v DPP [2025] IESC 47 1. Introduction The Supreme Court’s decision in Yavor Poptoshev v...
Dixon v Angus Council: Significant Travel‑Generating Uses, Rural Crematoria and the Application of NPF4

Dixon v Angus Council: Significant Travel‑Generating Uses, Rural Crematoria and the Application of NPF4

Date: Nov 28, 2025
Dixon v Angus Council: Significant Travel‑Generating Uses, Rural Crematoria and the Application of NPF4 1. Introduction This commentary examines the decision of the First Division of the Inner House...
Removing the Kelly v Hennessy Threshold for Psychiatric Injury Accompanying Physical Harm: Commentary on Sykula v O’Reilly [2025] IEHC 638

Removing the Kelly v Hennessy Threshold for Psychiatric Injury Accompanying Physical Harm: Commentary on Sykula v O’Reilly [2025] IEHC 638

Date: Nov 28, 2025
Removing the Kelly v Hennessy Threshold for Psychiatric Injury Accompanying Physical Harm: Commentary on Sykula v O’Reilly [2025] IEHC 638 1. Introduction This High Court decision, delivered by...
Applications for Leave to Issue Execution Are Not “Actions Upon a Judgment”: Commentary on Start Mortgages DAC v McDaid [2025] IEHC 634

Applications for Leave to Issue Execution Are Not “Actions Upon a Judgment”: Commentary on Start Mortgages DAC v McDaid [2025] IEHC 634

Date: Nov 28, 2025
Applications for Leave to Issue Execution Are Not “Actions Upon a Judgment”: Commentary on Start Mortgages DAC v McDaid [2025] IEHC 634 I. Introduction This commentary analyses the decision of...
Structural Confidentiality of ECN Communications and Strict Necessity for Inspection: Commentary on Ryanair DAC v CCPC [2025] IEHC 644

Structural Confidentiality of ECN Communications and Strict Necessity for Inspection: Commentary on Ryanair DAC v CCPC [2025] IEHC 644

Date: Nov 28, 2025
Structural Confidentiality of ECN Communications and Strict Necessity for Inspection: Commentary on Ryanair DAC & Ryanair Holdings plc v CCPC (No. 3) [2025] IEHC 644 1. Introduction This judgment of...
Attesting a Codicil and the Witness–Beneficiary Rule: High Court Clarifies the Scope of Section 82 Succession Act 1965

Attesting a Codicil and the Witness–Beneficiary Rule: High Court Clarifies the Scope of Section 82 Succession Act 1965

Date: Nov 28, 2025
Attesting a Codicil and the Witness–Beneficiary Rule: High Court Clarifies the Scope of Section 82 Succession Act 1965 1. Introduction This commentary examines the decision of the High Court of...
Flexible Application of National Density Guidelines, “Accessible Locations” and Reasons in Split-Scheme Appeals – Commentary on AAI Baneshane Ltd v An Coimisiún Pleanála (No. II) [2025] IEHC 642

Flexible Application of National Density Guidelines, “Accessible Locations” and Reasons in Split-Scheme Appeals – Commentary on AAI Baneshane Ltd v An Coimisiún Pleanála (No. II) [2025] IEHC 642

Date: Nov 28, 2025
Flexible Application of National Density Guidelines, “Accessible Locations” and Reasons in Split-Scheme Appeals – Commentary on AAI Baneshane Ltd v An Coimisiún Pleanála (No. II) [2025] IEHC 642 1....
Each Phase Must Stand Alone: Project‑Splitting, “Accessible Locations” and Saving Conditions after AAI Baneshane Ltd v An Coimisiún Pleanála [2025] IEHC 641

Each Phase Must Stand Alone: Project‑Splitting, “Accessible Locations” and Saving Conditions after AAI Baneshane Ltd v An Coimisiún Pleanála [2025] IEHC 641

Date: Nov 28, 2025
Each Phase Must Stand Alone: Project‑Splitting, “Accessible Locations” and Saving Conditions after AAI Baneshane Ltd v An Coimisiún Pleanála [2025] IEHC 641 1. Introduction This commentary examines...
“Additional Elements of Dependency”, Not Mere Support: IA & Ors v SSHD and the Re‑Drawing of Article 8 Family Life and Proportionality

“Additional Elements of Dependency”, Not Mere Support: IA & Ors v SSHD and the Re‑Drawing of Article 8 Family Life and Proportionality

Date: Nov 28, 2025
“Additional Elements of Dependency”, Not Mere Support: IA & Ors v Secretary of State for the Home Department [2025] EWCA Civ 1516 1. Introduction IA & Ors v Secretary of State for the Home Department...
Fairmont Property Developers v Venus Bridging: Section 91 LPA 1925 Orders Displacing Mortgagees’ Conduct of Sale Confined to Exceptional Cases of Likely Undervalue

Fairmont Property Developers v Venus Bridging: Section 91 LPA 1925 Orders Displacing Mortgagees’ Conduct of Sale Confined to Exceptional Cases of Likely Undervalue

Date: Nov 28, 2025
Fairmont Property Developers v Venus Bridging: Section 91 LPA 1925 Orders Displacing Mortgagees’ Conduct of Sale Confined to Exceptional Cases of Likely Undervalue 1. Introduction The Court of...
When a Child Wants to Return: Child’s Wishes, Parental Suicide Risk and the Article 13(b) “Intolerable Situation” Defence in DM, Petition [2025] CSOH 109

When a Child Wants to Return: Child’s Wishes, Parental Suicide Risk and the Article 13(b) “Intolerable Situation” Defence in DM, Petition [2025] CSOH 109

Date: Nov 28, 2025
When a Child Wants to Return: Child’s Wishes, Parental Suicide Risk and the Article 13(b) “Intolerable Situation” Defence in DM, Petition [2025] CSOH 109 1. Introduction This Outer House decision of...
Reusing Expert Evidence and Retrospective Certification of Skilled Witnesses: Commentary on Spence v Graham [2025] CSOH 108

Reusing Expert Evidence and Retrospective Certification of Skilled Witnesses: Commentary on Spence v Graham [2025] CSOH 108

Date: Nov 28, 2025
Reusing Expert Evidence and Retrospective Certification of Skilled Witnesses: Commentary on Spence v Graham [2025] CSOH 108 1. Introduction This commentary examines the Opinion of Lord Braid in...
Clarifying the Duty to Assess Innocent Mistake in Immigration Deception Findings: Commentary on AM (AP) v Secretary of State for the Home Department [2025] CSOH 107

Clarifying the Duty to Assess Innocent Mistake in Immigration Deception Findings: Commentary on AM (AP) v Secretary of State for the Home Department [2025] CSOH 107

Date: Nov 27, 2025
Clarifying the Duty to Assess Innocent Mistake in Immigration Deception Findings: Commentary on AM (AP) for Judicial Review [2025] CSOH 107 1. Introduction This judicial review in the Outer House of...
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