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  • Commentaries

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

Reasonableness of Service Charge Costs Under Long‑Term Contracts: Spender & Ors v Fit Nominee Ltd & Anor [2025] EWCA Civ 1578

Reasonableness of Service Charge Costs Under Long‑Term Contracts: Spender & Ors v Fit Nominee Ltd & Anor [2025] EWCA Civ 1578

Date: Dec 8, 2025
Reasonableness of Service Charge Costs Under Long‑Term Contracts: Spender & Ors v Fit Nominee Ltd & Anor [2025] EWCA Civ 1578 1. Introduction This Court of Appeal decision provides an important...
Real Risk, Not Mere Possibility: Interpreting “Could” in GEN 3.1 of Appendix FM – Commentary on Secretary of State for the Home Department v Khera [2025] EWCA Civ 1571

Real Risk, Not Mere Possibility: Interpreting “Could” in GEN 3.1 of Appendix FM – Commentary on Secretary of State for the Home Department v Khera [2025] EWCA Civ 1571

Date: Dec 8, 2025
Real Risk, Not Mere Possibility: Interpreting “Could” in GEN 3.1 of Appendix FM Commentary on Secretary of State for the Home Department v Khera [2025] EWCA Civ 1571 1. Introduction This Court of...

    Real Risk of Foreign Prosecution, Not Regulatory Confidentiality Alone, Justifies Withholding Disclosure:
    Commentary on Persons Identified in Schedule 1 to the RRAPC v Standard Chartered plc [2025] EWCA Civ 1581

Real Risk of Foreign Prosecution, Not Regulatory Confidentiality Alone, Justifies Withholding Disclosure: Commentary on Persons Identified in Schedule 1 to the RRAPC v Standard Chartered plc [2025] EWCA Civ 1581

Date: Dec 8, 2025
Real Risk of Foreign Prosecution, Not Regulatory Confidentiality Alone, Justifies Withholding Disclosure: Commentary on Persons Identified in Schedule 1 to the Re‑Re‑Amended Particulars of Claim v...
OM v Secretary of State: Opportunistic Sur Place Activity, Kurdish “Hair‑Trigger” Risk and Fact‑Sensitive Risk Assessment on Return to Iran

OM v Secretary of State: Opportunistic Sur Place Activity, Kurdish “Hair‑Trigger” Risk and Fact‑Sensitive Risk Assessment on Return to Iran

Date: Dec 8, 2025
OM v Secretary of State: Opportunistic Sur Place Activity, Kurdish “Hair‑Trigger” Risk and Fact‑Sensitive Risk Assessment on Return to Iran 1. Introduction The Court of Appeal’s decision in OM v...
City of London Corporation v Bussandra [2025] EWCA Civ 1580: Mental Illness, “Deliberate” Acts and Intentional Homelessness

City of London Corporation v Bussandra [2025] EWCA Civ 1580: Mental Illness, “Deliberate” Acts and Intentional Homelessness

Date: Dec 8, 2025
City of London Corporation v Bussandra [2025] EWCA Civ 1580: Mental Illness, “Deliberate” Acts and Intentional Homelessness 1. Introduction City of London Corporation v Bussandra [2025] EWCA Civ 1580...
SM (A Ward of Court) [2025] IEHC 717: Best Interests, Dignified Death and the Role of Medical Ethics in Withdrawing Life‑Sustaining Treatment

SM (A Ward of Court) [2025] IEHC 717: Best Interests, Dignified Death and the Role of Medical Ethics in Withdrawing Life‑Sustaining Treatment

Date: Dec 6, 2025
SM (A Ward of Court) [2025] IEHC 717: Best Interests, Dignified Death and the Role of Medical Ethics in Withdrawing Life‑Sustaining Treatment This commentary analyses the ex tempore judgment of...
Coherent Reasons, Comparators and Burden of Proof in Sex Discrimination Cases: Commentary on Armagh City, Banbridge and Craigavon Borough Council v O'Neill [2025] NICA 61

Coherent Reasons, Comparators and Burden of Proof in Sex Discrimination Cases: Commentary on Armagh City, Banbridge and Craigavon Borough Council v O'Neill [2025] NICA 61

Date: Dec 6, 2025
Coherent Reasons, Comparators and the Burden of Proof in Sex Discrimination Claims: Armagh City, Banbridge and Craigavon Borough Council v O'Neill [2025] NICA 61 1. Introduction This Court of Appeal...
Cameron v Southern Health NHS Foundation Trust: Subsuming Pending Section 75(2) Tribunal Applications on Recall under the Mental Health Act 1983

Cameron v Southern Health NHS Foundation Trust: Subsuming Pending Section 75(2) Tribunal Applications on Recall under the Mental Health Act 1983

Date: Dec 5, 2025
Cameron v Southern Health NHS Foundation Trust & Anor [2025] EWCA Civ 1574: Subsuming Pending Section 75(2) Tribunal Applications on Recall and the Scope of Judicial Oversight under the Mental Health...
MS v MM [2025] CSOH 113: Section 41 Family Law Act 1986 Has No Extra‑Territorial Effect

MS v MM [2025] CSOH 113: Section 41 Family Law Act 1986 Has No Extra‑Territorial Effect

Date: Dec 5, 2025
MS v MM [2025] CSOH 113: Section 41 Family Law Act 1986 Has No Extra‑Territorial Effect 1. Introduction This decision of the Outer House of the Court of Session, MS v MM and another ([2025] CSOH 113,...
The Sufficiency of Legal Title for Summary Possession after Securitisation: Commentary on Pepper Finance v Hayes [2025] IEHC 692

The Sufficiency of Legal Title for Summary Possession after Securitisation: Commentary on Pepper Finance v Hayes [2025] IEHC 692

Date: Dec 5, 2025
The Sufficiency of Legal Title for Summary Possession after Securitisation: Commentary on Pepper Finance Corporation (Ireland) DAC v Hayes [2025] IEHC 692 1. Introduction This High Court judgment,...
Parens Patriae Override of a Capacitated Under‑16’s Refusal of Blood: Adoption of the Three‑Stage “E” Framework in Scotland

Parens Patriae Override of a Capacitated Under‑16’s Refusal of Blood: Adoption of the Three‑Stage “E” Framework in Scotland

Date: Dec 5, 2025
Parens Patriae Override of a Capacitated Under‑16’s Refusal of Blood: Adoption of the Three‑Stage “E” Framework in Scotland 1. Introduction In Petition of a Scottish Health Board for the court to...
Mandatory Ultrasound Referral for Fundal Height Discrepancies: Commentary on Claire Bayne or Wilkie v Tayside Health Board [2025] CSOH 111

Mandatory Ultrasound Referral for Fundal Height Discrepancies: Commentary on Claire Bayne or Wilkie v Tayside Health Board [2025] CSOH 111

Date: Dec 5, 2025
Mandatory Ultrasound Referral for Fundal Height Discrepancies: Commentary on Claire Bayne or Wilkie v Tayside Health Board [2025] CSOH 111 1. Introduction This case concerns catastrophic birth injury...
Clarifying Interim and Permanent Homelessness Duties under the Housing (Scotland) Act 1987: Commentary on Petition by Y v Glasgow City Council [2025] CSIH 30

Clarifying Interim and Permanent Homelessness Duties under the Housing (Scotland) Act 1987: Commentary on Petition by Y v Glasgow City Council [2025] CSIH 30

Date: Dec 5, 2025
Clarifying Interim and Permanent Homelessness Duties under the Housing (Scotland) Act 1987: Commentary on Petition by Y v Glasgow City Council [2025] CSIH 30 1. Introduction This Inner House decision...
Indirect Discrimination, Discretionary Exemptions and the Public Sector Equality Duty in Prison Mail Policies – Commentary on Petition of William Frederick Ian Beggs [2025] CSOH 112

Indirect Discrimination, Discretionary Exemptions and the Public Sector Equality Duty in Prison Mail Policies – Commentary on Petition of William Frederick Ian Beggs [2025] CSOH 112

Date: Dec 5, 2025
Indirect Discrimination, Discretionary Exemptions and the Public Sector Equality Duty in Prison Mail Policies Commentary on Petition of William Frederick Ian Beggs for Judicial Review [2025] CSOH 112...
Clarifying “Particular Vulnerability” and Deliberate Targeting in Kidnapping Sentencing: Commentary on R v Greenaway [2025] EWCA Crim 1568

Clarifying “Particular Vulnerability” and Deliberate Targeting in Kidnapping Sentencing: Commentary on R v Greenaway [2025] EWCA Crim 1568

Date: Dec 4, 2025
Clarifying “Particular Vulnerability” and Deliberate Targeting in Kidnapping Sentencing: Commentary on R v Greenaway [2025] EWCA Crim 1568 1. Introduction This Court of Appeal (Criminal Division)...
Unreasonable Conduct, Expert Evidence and Costs in Called‑In Planning Inquiries: Commentary on Halton BC v Secretary of State [2025] EWCA Civ 1566

Unreasonable Conduct, Expert Evidence and Costs in Called‑In Planning Inquiries: Commentary on Halton BC v Secretary of State [2025] EWCA Civ 1566

Date: Dec 4, 2025
Unreasonable Conduct, Expert Evidence and Costs in Called‑In Planning Inquiries: Commentary on Halton BC v Secretary of State [2025] EWCA Civ 1566 1. Introduction This Court of Appeal decision...
Evans v Care Quality Commission [2025] EWCA Civ 1556: Ideological Views, Mandatory Relevant Considerations and the Regulation of Gender-Affirming Treatment for Minors

Evans v Care Quality Commission [2025] EWCA Civ 1556: Ideological Views, Mandatory Relevant Considerations and the Regulation of Gender-Affirming Treatment for Minors

Date: Dec 4, 2025
Evans v Care Quality Commission [2025] EWCA Civ 1556: Ideological Views, Mandatory Relevant Considerations and the Regulation of Gender-Affirming Treatment for Minors 1. Introduction The decision in...
M.K. v B.K. [2025] IEHC 683 — Clarifying the Threshold for Transferring Divorce Proceedings to the High Court in Cases Involving Corporate Assets and Alleged Beneficial Ownership

M.K. v B.K. [2025] IEHC 683 — Clarifying the Threshold for Transferring Divorce Proceedings to the High Court in Cases Involving Corporate Assets and Alleged Beneficial Ownership

Date: Dec 4, 2025
M.K. v B.K. [2025] IEHC 683: Clarifying the Threshold for Transferring Divorce Proceedings to the High Court in Cases Involving Corporate Assets and Alleged Beneficial Ownership High Court of Ireland...
Serious Historic Convictions and the “Good Character” Test in Naturalisation: Commentary on Akande v Minister for Justice and Equality [2025] IEHC 679

Serious Historic Convictions and the “Good Character” Test in Naturalisation: Commentary on Akande v Minister for Justice and Equality [2025] IEHC 679

Date: Dec 4, 2025
Serious Historic Convictions and the “Good Character” Requirement in Naturalisation: Akande v Minister for Justice and Equality [2025] IEHC 679 1. Introduction This commentary analyses the judgment...
Finality of Executed Possession Orders and Rejection of “Private Process” Defences in Mortgage Litigation: Commentary on Start Mortgages DAC v Sullivan & Anor [2025] IEHC 681

Finality of Executed Possession Orders and Rejection of “Private Process” Defences in Mortgage Litigation: Commentary on Start Mortgages DAC v Sullivan & Anor [2025] IEHC 681

Date: Dec 4, 2025
Finality of Executed Possession Orders and Rejection of “Private Process” Defences in Mortgage Litigation: Commentary on Start Mortgages DAC v Sullivan & Anor [2025] IEHC 681 Court: High Court of...
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