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  • Commentaries

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

Judicial Economy, Preliminary Issues and Pathfinder Litigation: Commentary on Meta Platforms Ireland Ltd v Data Protection Commissioner [2025] IEHC 631

Judicial Economy, Preliminary Issues and Pathfinder Litigation: Commentary on Meta Platforms Ireland Ltd v Data Protection Commissioner [2025] IEHC 631

Date: Nov 1, 2025
Judicial Economy, Preliminary Issues and the Limits of Pathfinder Litigation: Meta Platforms Ireland Ltd v Data Protection Commissioner [2025] IEHC 631 1. Introduction The decision in Meta Platforms...
R v Bajwa [2025] EWCA Crim 1496: Assessing Severe Psychological Harm and Extreme Youth in Child Sexual Offence Sentencing

R v Bajwa [2025] EWCA Crim 1496: Assessing Severe Psychological Harm and Extreme Youth in Child Sexual Offence Sentencing

Date: Nov 1, 2025
R v Bajwa [2025] EWCA Crim 1496: Assessing Severe Psychological Harm and “Extreme Youth” under the Child Sexual Offence Guidelines England and Wales Court of Appeal (Criminal Division), 31 October...
R v Oates [2025] EWCA Crim 1507: Consecutive Sentencing, Late Plea Credit and Totality in Multi‑Victim Child Sexual Exploitation

R v Oates [2025] EWCA Crim 1507: Consecutive Sentencing, Late Plea Credit and Totality in Multi‑Victim Child Sexual Exploitation

Date: Nov 1, 2025
R v Oates [2025] EWCA Crim 1507: Consecutive Sentencing, Late Plea Credit and Totality in Multi‑Victim Child Sexual Exploitation 1. Introduction R v Oates [2025] EWCA Crim 1507 is a significant...
Clarifying Culpability A and Dangerousness in Sentencing for Death by Careless Driving under the Influence of Drugs: Commentary on R v Prodger [2025] EWCA Crim 1492

Clarifying Culpability A and Dangerousness in Sentencing for Death by Careless Driving under the Influence of Drugs: Commentary on R v Prodger [2025] EWCA Crim 1492

Date: Nov 1, 2025
Clarifying Culpability A and Dangerousness in Sentencing for Death by Careless Driving under the Influence of Drugs: Commentary on R v Prodger [2025] EWCA Crim 1492 1. Introduction This commentary...
Doyle v Minister for Public Expenditure and Reform [2025] IEHC 652: Primacy of Contemporaneous Medical Evidence in Proving Causation for Degenerative Spinal Conditions under the Garda Compensation Acts

Doyle v Minister for Public Expenditure and Reform [2025] IEHC 652: Primacy of Contemporaneous Medical Evidence in Proving Causation for Degenerative Spinal Conditions under the Garda Compensation Acts

Date: Nov 1, 2025
Doyle v Minister for Public Expenditure and Reform [2025] IEHC 652: Primacy of Contemporaneous Medical Evidence in Proving Causation for Degenerative Spinal Conditions under the Garda Compensation...
R v Kyei [2025] EWCA Crim 1497: Social Media Posts by a Juror’s Partner and the Threshold for Jury Irregularity

R v Kyei [2025] EWCA Crim 1497: Social Media Posts by a Juror’s Partner and the Threshold for Jury Irregularity

Date: Nov 1, 2025
R v Kyei [2025] EWCA Crim 1497: Social Media Posts by a Juror’s Partner and the Threshold for Jury Irregularity 1. Introduction 1.1. Overview of the case This Court of Appeal (Criminal Division)...

        Fresh Evidence of Complainant’s Dishonesty and Unsafe Rape Convictions:
        Commentary on R v Stephenson [2025] EWCA Crim 1600

Fresh Evidence of Complainant’s Dishonesty and Unsafe Rape Convictions: Commentary on R v Stephenson [2025] EWCA Crim 1600

Date: Nov 1, 2025
Fresh Evidence of Complainant’s Dishonesty and Unsafe Rape Convictions: A Commentary on R v Stephenson [2025] EWCA Crim 1600 1. Introduction This commentary analyses the decision of the Court of...
R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default

R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default

Date: Oct 31, 2025
R v L: High Court reaffirms MN/Kemmy approach—Personal Injuries Guidelines inapplicable to child sexual abuse damages; exemplary damages affirmed and costs measured in default Case: R v L (Approved)...
Cook [2025] EWCA Crim 1476: Upward Departure from Dangerous Driving Guidelines and Two‑Thirds Disqualification Uplift in Multiple‑Fatality Cases

Cook [2025] EWCA Crim 1476: Upward Departure from Dangerous Driving Guidelines and Two‑Thirds Disqualification Uplift in Multiple‑Fatality Cases

Date: Oct 31, 2025
Cook [2025] EWCA Crim 1476: Upward Departure from Dangerous Driving Guidelines and Two‑Thirds Disqualification Uplift in Multiple‑Fatality Cases Case: Cook, R v [2025] EWCA Crim 1476 Court: Court of...
No Implied Revocation of Stand‑Alone Temporary Permissions and Their Effect on “Undocumented” Status under the 2022 Regularisation Scheme – Commentary on MSB v Minister for Justice [2025] IEHC 566

No Implied Revocation of Stand‑Alone Temporary Permissions and Their Effect on “Undocumented” Status under the 2022 Regularisation Scheme – Commentary on MSB v Minister for Justice [2025] IEHC 566

Date: Oct 31, 2025
No Implied Revocation of Stand‑Alone Temporary Permissions and Their Effect on “Undocumented” Status under the 2022 Regularisation Scheme Commentary on MSB v The Minister for Justice [2025] IEHC 566...
R v Hamad [2025] EWCA Crim 1503: Escort Status of Complainant and “Borderline” Dangerousness in Extended Sentences for Sexual Offences

R v Hamad [2025] EWCA Crim 1503: Escort Status of Complainant and “Borderline” Dangerousness in Extended Sentences for Sexual Offences

Date: Oct 31, 2025
R v Hamad [2025] EWCA Crim 1503: Escort Status of Complainant and “Borderline” Dangerousness in Extended Sentences for Sexual Offences 1. Introduction This commentary examines the decision of the...
R v BVA [2025] EWCA Crim 1359: Covert filming integral to the sexual act can vitiate consent under section 74 SOA 2003

R v BVA [2025] EWCA Crim 1359: Covert filming integral to the sexual act can vitiate consent under section 74 SOA 2003

Date: Oct 30, 2025
R v BVA [2025] EWCA Crim 1359: Covert filming integral to the sexual act can vitiate consent under section 74 SOA 2003 Court: Court of Appeal (Criminal Division), 29 October 2025 Introduction This...
Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360: Schedules of Loss cannot expand the pleadings; in agreed no‑cost remediation cases only residual “blight” is potentially recoverable

Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360: Schedules of Loss cannot expand the pleadings; in agreed no‑cost remediation cases only residual “blight” is potentially recoverable

Date: Oct 30, 2025
Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360: Schedules of Loss cannot expand the pleadings; in agreed no‑cost remediation cases only residual “blight” is potentially recoverable Introduction This...
From Tick‑Boxes to Evidence: Court of Appeal clarifies COBS 3.5 assessments and requires the FOS to consider contributory negligence where client misstatements enable access to high‑risk CFD strategies

From Tick‑Boxes to Evidence: Court of Appeal clarifies COBS 3.5 assessments and requires the FOS to consider contributory negligence where client misstatements enable access to high‑risk CFD strategies

Date: Oct 30, 2025
From Tick‑Boxes to Evidence: Court of Appeal clarifies COBS 3.5 assessments and requires the FOS to consider contributory negligence where client misstatements enable access to high‑risk CFD...
K‑H (Children) (Care Orders: Proportionality): Proven Facts, Not Suspicions — Re‑centering Risk and Proportionality in Public Law Care Decisions

K‑H (Children) (Care Orders: Proportionality): Proven Facts, Not Suspicions — Re‑centering Risk and Proportionality in Public Law Care Decisions

Date: Oct 30, 2025
K‑H (Children) (Care Orders: Proportionality): Proven Facts, Not Suspicions — Re‑centering Risk and Proportionality in Public Law Care Decisions Citation: [2025] EWCA Civ 1368 Court: Court of Appeal...
Only Binding Law Creates a “Special Legal Regime” for Article 13 PVD; Non‑Taxation of NHS Hospital Parking Significantly Distorts Competition

Only Binding Law Creates a “Special Legal Regime” for Article 13 PVD; Non‑Taxation of NHS Hospital Parking Significantly Distorts Competition

Date: Oct 30, 2025
Only Binding Law Creates a “Special Legal Regime” for Article 13 PVD; Non‑Taxation of NHS Hospital Parking Significantly Distorts Competition Introduction In Northumbria Healthcare NHS Foundation...
Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition (Gavenaite v Lord Advocate)

Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition (Gavenaite v Lord Advocate)

Date: Oct 30, 2025
Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition Case: Appeal under section 26 of the...
No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

Date: Oct 30, 2025
No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561 Court: High Court of...
Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Date: Oct 30, 2025
Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation...
Sentencing for Failure to Disclose Terrorist Financing in the Regulated Sector: Commentary on R v Ojiri [2025] EWCA Crim 1489

Sentencing for Failure to Disclose Terrorist Financing in the Regulated Sector: Commentary on R v Ojiri [2025] EWCA Crim 1489

Date: Oct 30, 2025
Sentencing for Failure to Disclose Terrorist Financing in the Regulated Sector: Commentary on R v Ojiri [2025] EWCA Crim 1489 1. Introduction The decision of the Court of Appeal (Criminal Division)...
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