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  • Commentaries

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

No Contempt for “Spirit of the Order”: An Injunction Respondent Is Liable Only for Breaching the Order’s Terms — FW Aviation (Holdings) 1 Ltd v VietJet [2025] EWCA Civ 1458

No Contempt for “Spirit of the Order”: An Injunction Respondent Is Liable Only for Breaching the Order’s Terms — FW Aviation (Holdings) 1 Ltd v VietJet [2025] EWCA Civ 1458

Date: Nov 17, 2025
No Contempt for “Spirit of the Order”: An Injunction Respondent Is Liable Only for Breaching the Order’s Terms Case: FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Company [2025] EWCA...
No Judicial Notice of Sunday Post Office Hours: The Court of Appeal on the Limits of Judicial Notice, Procedural Fairness, and Fresh Evidence in Immigration Judicial Review — Baparee v Secretary of State [2025] EWCA Civ 1464

No Judicial Notice of Sunday Post Office Hours: The Court of Appeal on the Limits of Judicial Notice, Procedural Fairness, and Fresh Evidence in Immigration Judicial Review — Baparee v Secretary of State [2025] EWCA Civ 1464

Date: Nov 17, 2025
No Judicial Notice of Sunday Post Office Hours: The Court of Appeal on the Limits of Judicial Notice, Procedural Fairness, and Fresh Evidence in Immigration Judicial Review Case: Baparee, R (On the...
Unfunded UURBS Promises Are Outside s.1290 CTA 2009: Deductibility Turns on Purpose under s.54 CTA 2009

Unfunded UURBS Promises Are Outside s.1290 CTA 2009: Deductibility Turns on Purpose under s.54 CTA 2009

Date: Nov 17, 2025
Unfunded UURBS Promises Are Outside s.1290 CTA 2009: Deductibility Turns on Purpose under s.54 CTA 2009 Introduction In AD Bly Groundworks and Civil Engineering Ltd & Anor v Revenue and Customs...

    Fair Question to be Tried and Expert Causation Evidence in Environmental Health Injunctions:
    Commentary on M.A. & Anor v M.C. & Ors [2025] IEHC 618

Fair Question to be Tried and Expert Causation Evidence in Environmental Health Injunctions: Commentary on M.A. & Anor v M.C. & Ors [2025] IEHC 618

Date: Nov 15, 2025
Fair Question to be Tried and Expert Causation Evidence in Environmental Health Injunctions: Analysis of M.A. & Anor v M.C. & Ors [2025] IEHC 618 1. Introduction This judgment of Ms Justice Emily...
Residual Credit for Guilty Pleas Entered After the Trial Has Begun: Commentary on R v Szczerbacz [2025] EWCA Crim 1576

Residual Credit for Guilty Pleas Entered After the Trial Has Begun: Commentary on R v Szczerbacz [2025] EWCA Crim 1576

Date: Nov 15, 2025
Residual Credit for Guilty Pleas Entered After the Trial Has Begun: Commentary on R v Szczerbacz [2025] EWCA Crim 1576 1. Introduction R v Szczerbacz [2025] EWCA Crim 1576 is a Court of Appeal...

        Mandatory but Qualified Entry of Patent Proceedings to the Commercial Intellectual Property and Technology List:
        Commentary on Glaxosmithkline Biologicals SA v Pfizer Ireland Pharmaceuticals & Ors [2025] IEHC 660

Mandatory but Qualified Entry of Patent Proceedings to the Commercial Intellectual Property and Technology List: Commentary on Glaxosmithkline Biologicals SA v Pfizer Ireland Pharmaceuticals & Ors [2025] IEHC 660

Date: Nov 15, 2025
Mandatory but Qualified Entry of Patent Proceedings into the Commercial IP & Technology List under Order 63A Rule 4(7): A Commentary on Glaxosmithkline Biologicals SA v Pfizer Ireland Pharmaceuticals...
Professional Misconduct Without Dishonesty: Conflicts of Interest as Conduct “Tending to Bring the Solicitors’ Profession into Disrepute” – Commentary on O’Callaghan v Nirvanna Property Holdings Ltd [2025] IEHC 693

Professional Misconduct Without Dishonesty: Conflicts of Interest as Conduct “Tending to Bring the Solicitors’ Profession into Disrepute” – Commentary on O’Callaghan v Nirvanna Property Holdings Ltd [2025] IEHC 693

Date: Nov 15, 2025
Professional Misconduct Without Dishonesty: Conflicts of Interest as Conduct “Tending to Bring the Solicitors’ Profession into Disrepute” – Commentary on O’Callaghan v Nirvanna Property Holdings Ltd...
“Deportation” Encompasses Ongoing Exclusion: Section 117C Applies to Revocation Appeals from Abroad — Commentary on Nguyen v Secretary of State for the Home Department [2025] EWCA Civ 1452

“Deportation” Encompasses Ongoing Exclusion: Section 117C Applies to Revocation Appeals from Abroad — Commentary on Nguyen v Secretary of State for the Home Department [2025] EWCA Civ 1452

Date: Nov 14, 2025
“Deportation” Encompasses Ongoing Exclusion: Section 117C Applies to Revocation Appeals from Abroad Commentary on Nguyen v Secretary of State for the Home Department [2025] EWCA Civ 1452 Introduction...
Protective Measures Must Be Effective in the Requesting State: Foreign Order Undermining Safeguards is a Fundamental Change Justifying Reconsideration of a Hague Return (R (Children) [2025] EWCA Civ 1426)

Protective Measures Must Be Effective in the Requesting State: Foreign Order Undermining Safeguards is a Fundamental Change Justifying Reconsideration of a Hague Return (R (Children) [2025] EWCA Civ 1426)

Date: Nov 14, 2025
Protective Measures Must Be Effective in the Requesting State: Foreign Order Undermining Safeguards is a Fundamental Change Justifying Reconsideration of a Hague Return Introduction This commentary...
Planning–Licensing Harmony and the Limits of Class B: Haytop Country Park v Amber Valley BC [2025] EWCA Civ 1442

Planning–Licensing Harmony and the Limits of Class B: Haytop Country Park v Amber Valley BC [2025] EWCA Civ 1442

Date: Nov 14, 2025
“Planning–Licensing Harmony” and the Limits of Class B: A Definitive Clarification of ‘Purely Planning Considerations’ in Caravan Site Licensing Introduction This Court of Appeal judgment addresses a...
No Domestic Foothold Where SELC Is Disapplied: Court of Appeal narrows treaty- and CIL-based challenges to national security export decisions

No Domestic Foothold Where SELC Is Disapplied: Court of Appeal narrows treaty- and CIL-based challenges to national security export decisions

Date: Nov 14, 2025
No Domestic Foothold Where SELC Is Disapplied: Court of Appeal narrows treaty- and CIL-based challenges to national security export decisions Introduction In Al-Haq, R (On the Application Of) v...
“No Deemed Fulfilment” in English Law: UK Supreme Court rejects Mackay v Dick as a rule of law and confirms Saleform deposits accrue only when express preconditions are satisfied

“No Deemed Fulfilment” in English Law: UK Supreme Court rejects Mackay v Dick as a rule of law and confirms Saleform deposits accrue only when express preconditions are satisfied

Date: Nov 14, 2025
“No Deemed Fulfilment” in English Law: UK Supreme Court rejects Mackay v Dick as a rule of law and confirms Saleform deposits accrue only when express preconditions are satisfied Introduction In King...
Recalibrating Collateral and Sexual History Evidence in Scottish Sexual Offence Trials: Article 6 Requires a Nuanced s 275 Balancing Approach (Daly v HMA & Keir v HMA) [2025] UKSC 38

Recalibrating Collateral and Sexual History Evidence in Scottish Sexual Offence Trials: Article 6 Requires a Nuanced s 275 Balancing Approach (Daly v HMA & Keir v HMA) [2025] UKSC 38

Date: Nov 14, 2025
Recalibrating Collateral and Sexual History Evidence in Scottish Sexual Offence Trials: Article 6 Requires a Nuanced s 275 Balancing Approach Case: Daly v His Majesty’s Advocate & Anor (Scotland)...
Cahill (A Minor) v Health Service Executive [2025] IEHC 624: Strict Limits on Preliminary Issues and the Timing of Discount-Rate Determinations

Cahill (A Minor) v Health Service Executive [2025] IEHC 624: Strict Limits on Preliminary Issues and the Timing of Discount-Rate Determinations

Date: Nov 14, 2025
Cahill (A Minor) v Health Service Executive [2025] IEHC 624: Strict Limits on Preliminary Issues in Catastrophic Injury Cases and the Timing of Discount-Rate Determinations 1. Introduction This...
Delaney v An Coimisiún Pleanála [2025] IEHC 621: Failure to Prosecute, Defective Pleadings and the Strict Leave Threshold in Planning Judicial Review

Delaney v An Coimisiún Pleanála [2025] IEHC 621: Failure to Prosecute, Defective Pleadings and the Strict Leave Threshold in Planning Judicial Review

Date: Nov 14, 2025
Delaney v An Coimisiún Pleanála [2025] IEHC 621: Failure to Prosecute, Defective Pleadings and the Strict Leave Threshold in Planning Judicial Review 1. Introduction Delaney v An Coimisiún Pleanála &...
Extreme Consequences of Pregnancy in Historic Rape as Category 1 Harm: Commentary on R v VDT [2025] EWCA Crim 1567

Extreme Consequences of Pregnancy in Historic Rape as Category 1 Harm: Commentary on R v VDT [2025] EWCA Crim 1567

Date: Nov 14, 2025
Extreme Consequences of Pregnancy in Historic Rape as Category 1 Harm: Commentary on R v VDT [2025] EWCA Crim 1567 1. Introduction This commentary examines the decision of the England and Wales Court...
National Procedural Autonomy and Stays of GDPR Supervisory Decisions: Commentary on TikTok Technology Ltd v Data Protection Commission [2025] IEHC 619

National Procedural Autonomy and Stays of GDPR Supervisory Decisions: Commentary on TikTok Technology Ltd v Data Protection Commission [2025] IEHC 619

Date: Nov 14, 2025
National Procedural Autonomy and Stays of GDPR Supervisory Decisions: Commentary on TikTok Technology Ltd & TikTok Information Technologies UK Ltd v Data Protection Commission [2025] IEHC 619 1....
DPP v Dermody [2025] IEHC 620 – District Court Power to Dismiss Where Court Infrastructure Prevents Trial

DPP v Dermody [2025] IEHC 620 – District Court Power to Dismiss Where Court Infrastructure Prevents Trial

Date: Nov 14, 2025
District Court Power to Dismiss Criminal Charges Where Court Infrastructure Prevents Trial: Commentary on Director of Public Prosecutions v Dermody [2025] IEHC 620 Court: High Court (Ireland),...
Remote Evidence by Defendants in Confiscation Proceedings: Commentary on R v Miah [2025] EWCA Crim 1569

Remote Evidence by Defendants in Confiscation Proceedings: Commentary on R v Miah [2025] EWCA Crim 1569

Date: Nov 14, 2025
Remote Evidence by Defendants in Confiscation Proceedings: Commentary on R v Miah [2025] EWCA Crim 1569 1. Introduction This commentary examines the decision of the Court of Appeal (Criminal...
Totality in Consecutive Sentencing for Linked Firearms and Class A Drug Conspiracies: Commentary on R v Speed & Ors [2025] EWCA Crim 1582

Totality in Consecutive Sentencing for Linked Firearms and Class A Drug Conspiracies: Commentary on R v Speed & Ors [2025] EWCA Crim 1582

Date: Nov 14, 2025
Totality in Consecutive Sentencing for Linked Firearms and Class A Drug Conspiracies: Commentary on R v Speed & Ors [2025] EWCA Crim 1582 1. Introduction R v Speed & Ors [2025] EWCA Crim 1582 is a...
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