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  • Commentaries

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

Wysokinski v OCS Security Ltd: Procedural Irregularity Will Not Defeat an Inevitable Transfer of a Part 53 Claim to the County Court

Wysokinski v OCS Security Ltd: Procedural Irregularity Will Not Defeat an Inevitable Transfer of a Part 53 Claim to the County Court

Date: Jan 30, 2026
Procedural Irregularity Will Not Defeat an Inevitable Transfer of a Part 53 Claim to the County Court (CPR 53.4 / CPR 3.3) 1. Introduction Wysokinski v OCS Security Ltd [2026] EWCA Civ 26 is a Court...
Positive Acts of “Grooming” and Introduction to Adult Venues May Bring Subsequent Third‑Party Sexual Abuse Within the Scope of Duty (Relevancy at Debate)

Positive Acts of “Grooming” and Introduction to Adult Venues May Bring Subsequent Third‑Party Sexual Abuse Within the Scope of Duty (Relevancy at Debate)

Date: Jan 30, 2026
Positive Acts of “Grooming” and Introduction to Adult Venues May Bring Subsequent Third‑Party Sexual Abuse Within the Scope of Duty (Relevancy at Debate) Case: JWE v LGBT Youth Scotland (Court of...
DBAK v The Governors of the Fettes Trust: Patrimonial Loss for Childhood Sexual Abuse Requires Proof of a But‑For Career Path, Not Aspirational Reconstruction

DBAK v The Governors of the Fettes Trust: Patrimonial Loss for Childhood Sexual Abuse Requires Proof of a But‑For Career Path, Not Aspirational Reconstruction

Date: Jan 30, 2026
DBAK v The Governors of the Fettes Trust: Patrimonial Loss for Childhood Sexual Abuse Requires Proof of a But‑For Career Path, Not Aspirational Reconstruction Court: Scottish Court of Session (Outer...
Section 22(4) 1973 Act: Jury Trial Bar Applies Only Where the Pursuer Relies on Section 17(2)(b) or 18(2)(b) (Not Merely Because the Deceased Would Have Needed Section 17(2)(b))

Section 22(4) 1973 Act: Jury Trial Bar Applies Only Where the Pursuer Relies on Section 17(2)(b) or 18(2)(b) (Not Merely Because the Deceased Would Have Needed Section 17(2)(b))

Date: Jan 30, 2026
Section 22(4) 1973 Act: Jury Trial Bar Applies Only Where the Pursuer Relies on Section 17(2)(b) or 18(2)(b) (Not Merely Because the Deceased Would Have Needed Section 17(2)(b)) 1) Introduction...
Molnar/Vargova: Withdrawal Agreement Article 20(2) disapplies CRD proportionality for post‑transition offending; “stage 1” automatic deportation notice is a residence-rights restriction

Molnar/Vargova: Withdrawal Agreement Article 20(2) disapplies CRD proportionality for post‑transition offending; “stage 1” automatic deportation notice is a residence-rights restriction

Date: Jan 30, 2026
Withdrawal Agreement Article 20(2) disapplies CRD proportionality for post‑transition offending; “stage 1” automatic deportation notice is a residence-rights restriction 1. Introduction Molnar v...
Assignation Transfers Rights, Not the Assignor’s Liability: Limits of “assignatus utitur” and the Preconditions for Rescission

Assignation Transfers Rights, Not the Assignor’s Liability: Limits of “assignatus utitur” and the Preconditions for Rescission

Date: Jan 29, 2026
Assignation Transfers Rights, Not the Assignor’s Liability: Limits of “assignatus utitur” and the Preconditions for Rescission Case: Lorna McLean against Elderbridge Ltd (Court of Session, Outer...
Mulumba v Partners Group (UK) Ltd: Limits of the Ridley “Safety Valve” and Rule 37(5) for Late or Incomplete EAT Appeals

Mulumba v Partners Group (UK) Ltd: Limits of the Ridley “Safety Valve” and Rule 37(5) for Late or Incomplete EAT Appeals

Date: Jan 29, 2026
Mulumba v Partners Group (UK) Ltd & Anor [2026] EWCA Civ 30: When Ridley and Rule 37(5) Cannot Rescue a Defective EAT Appeal 1. Introduction This Court of Appeal decision concerns the strict approach...
POCA s303Z18 Compensation: “Exceptional Circumstances” as a High Threshold Protecting Properly-Made Account Freezing Orders

POCA s303Z18 Compensation: “Exceptional Circumstances” as a High Threshold Protecting Properly-Made Account Freezing Orders

Date: Jan 29, 2026
POCA s303Z18 Compensation: “Exceptional Circumstances” as a High Threshold Protecting Properly-Made Account Freezing Orders 1. Introduction The Advocate General for Scotland v Alexander Watt...
R v Cosier: When Loss of Control Need Not Be Left to the Jury and How “Imperfect” Self-Defence/Provocation Should Mitigate Schedule 21 Minimum Terms

R v Cosier: When Loss of Control Need Not Be Left to the Jury and How “Imperfect” Self-Defence/Provocation Should Mitigate Schedule 21 Minimum Terms

Date: Jan 29, 2026
R v Cosier: When Loss of Control Need Not Be Left to the Jury and How “Imperfect” Self-Defence/Provocation Should Mitigate Schedule 21 Minimum Terms Introduction R. v Cosier ([2026] EWCA Crim 2) is a...
Fresh Evidence and “Unsafe” Convictions: Central Credibility Lies on Consent Justify Quashing Sexual Offence Verdicts

Fresh Evidence and “Unsafe” Convictions: Central Credibility Lies on Consent Justify Quashing Sexual Offence Verdicts

Date: Jan 29, 2026
Fresh Evidence and “Unsafe” Convictions: Central Credibility Lies on Consent Justify Quashing Sexual Offence Verdicts Reporting restriction: The Court noted the application of the Sexual Offences...
Supervisory-only FTT jurisdiction over HMRC Regulation 29(2) VAT evidence decisions (no “fresh invoices” on appeal)

Supervisory-only FTT jurisdiction over HMRC Regulation 29(2) VAT evidence decisions (no “fresh invoices” on appeal)

Date: Jan 29, 2026
Supervisory-only FTT Jurisdiction over HMRC Regulation 29(2) VAT Evidence Decisions: No Reliance on “Fresh Invoices” First Produced on Appeal 1. Introduction FS Commercial Ltd v Commissioners for His...
Force Vetting After “No Case to Answer”: Misconduct Outcomes Do Not Negate Reasonable Suspicion

Force Vetting After “No Case to Answer”: Misconduct Outcomes Do Not Negate Reasonable Suspicion

Date: Jan 29, 2026
Force Vetting After “No Case to Answer”: Misconduct Outcomes Do Not Negate Reasonable Suspicion 1. Introduction Di Maria, R (On the Application Of) v Commissioner of Police for the Metropolis [2026]...
Mandamus and Resource Pleas: Courts Must Give Real Effect to Unqualified Statutory Duties

Mandamus and Resource Pleas: Courts Must Give Real Effect to Unqualified Statutory Duties

Date: Jan 28, 2026
Mandamus and Resource Pleas: Courts Must Give Real Effect to Unqualified Statutory Duties 1. Introduction Protect East Meath Ltd v Meath County Council concerns whether the High Court ought to have...
In Personam Nationwide Isaac Wunder Orders in the Circuit/District Courts, but No In Rem (General) Nationwide Restraints

In Personam Nationwide Isaac Wunder Orders in the Circuit/District Courts, but No In Rem (General) Nationwide Restraints

Date: Jan 28, 2026
In Personam Nationwide Isaac Wunder Orders in the Circuit/District Courts, but No In Rem (General) Nationwide Restraints 1. Introduction M v M (Approved) (Supreme Court of Ireland, 23 January 2026;...
Isaac Wunder Orders in Family Law: Proportionate Restraint of Vexatious “Lawfare” and Supervisory Control Over Lower-Court Proceedings

Isaac Wunder Orders in Family Law: Proportionate Restraint of Vexatious “Lawfare” and Supervisory Control Over Lower-Court Proceedings

Date: Jan 28, 2026
Isaac Wunder Orders in Family Law: Proportionate Restraint of Vexatious “Lawfare” and Supervisory Control Over Lower-Court Proceedings 1. Introduction M v M (Approved) [2026] IESC 2 concerns the...
Delirium-Rebutted Capacity and Heightened “Knowledge & Approval” Scrutiny Where a Beneficiary Drives a Late-Life Will

Delirium-Rebutted Capacity and Heightened “Knowledge & Approval” Scrutiny Where a Beneficiary Drives a Late-Life Will

Date: Jan 28, 2026
Delirium-Rebutted Capacity and Heightened “Knowledge & Approval” Scrutiny Where a Beneficiary Drives a Late-Life Will 1) Introduction Hogan and Anor v Kierse and Anor [2026] IEHC 35 is a de novo High...
Practice Direction CA 14 as a Gateway to the Greendale Jurisdiction: Finality, Recusal, and the High Threshold for Reopening Court of Appeal Orders

Practice Direction CA 14 as a Gateway to the Greendale Jurisdiction: Finality, Recusal, and the High Threshold for Reopening Court of Appeal Orders

Date: Jan 28, 2026
Practice Direction CA 14 as a Gateway to the Greendale Jurisdiction: Finality, Recusal, and the High Threshold for Reopening Court of Appeal Orders Case: A G v The Director of Public Prosecutions...
Mandamus to Enforce Statutory Planning Duties: Resource Constraints Excuse Only Impossibility (Brady Exceptional)

Mandamus to Enforce Statutory Planning Duties: Resource Constraints Excuse Only Impossibility (Brady Exceptional)

Date: Jan 28, 2026
Mandamus to Enforce Statutory Planning Duties: Resource Constraints Excuse Only Impossibility (Brady Exceptional) Case: Protect East Meath Ltd v Meath County Council Court: Supreme Court of Ireland...
Serial Judicial Review as Abuse of Process: Res Judicata, Non‑Reviewability of High Court Decisions, and “Arguability” as the Gateway to Legal Aid (Custody Issues Scheme)

Serial Judicial Review as Abuse of Process: Res Judicata, Non‑Reviewability of High Court Decisions, and “Arguability” as the Gateway to Legal Aid (Custody Issues Scheme)

Date: Jan 28, 2026
Serial Judicial Review as Abuse of Process: Res Judicata, Non‑Reviewability of High Court Decisions, and “Arguability” as the Gateway to Legal Aid (Custody Issues Scheme) 1. Introduction Rogers v The...
Late PIA Invocation Will Not Deflect Bankruptcy: Full Disclosure and Credible Evidence Required Under s.14(2)

Late PIA Invocation Will Not Deflect Bankruptcy: Full Disclosure and Credible Evidence Required Under s.14(2)

Date: Jan 28, 2026
Late PIA Invocation Will Not Deflect Bankruptcy: Full Disclosure and Credible Evidence Required Under s.14(2) 1. Introduction Gradual Investments Limited v Conor Clarkson (Re: Clarkson [A Bankrupt]...
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