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  • Commentaries

affirmation-of-& Case Commentaries

“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions

“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions

Date: Aug 5, 2025
“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions 1. Introduction Andejs Ratinskis sought judicial review of a...
Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives

Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives

Date: Aug 5, 2025
Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives Introduction Kirwan v O’Leary & Ors ([2025]...
Judge v. HSE –  “No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible”

Judge v. HSE – “No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible”

Date: Aug 5, 2025
“No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible” – Comment on Judge v Health Service Executive ([2025] IEHC 438) 1....
Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction

Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction

Date: Aug 5, 2025
Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction 1. Introduction Egan v Pepper Finance Corporation [Ireland] DAC...
“Exceptional Circumstances” Re-Defined:  Caraglass v Minister for Education and the Limits of Corporate Self-Representation

“Exceptional Circumstances” Re-Defined: Caraglass v Minister for Education and the Limits of Corporate Self-Representation

Date: Aug 5, 2025
“Exceptional Circumstances” Re-Defined: Caraglass Ltd t/a Zeeko v Minister for Education — High Court Clarifies Corporate Self-Representation and Procurement Time-Bar 1. Introduction Caraglass Ltd...
Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints

Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints

Date: Aug 5, 2025
Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints 1. Introduction In Cahill v. Residential Tenancies Board...
“Severe Mental-Health Risk Trumps Open Justice” – A Commentary on SA v Secretary of State for the Home Department [2025] EWCA Civ 1065

“Severe Mental-Health Risk Trumps Open Justice” – A Commentary on SA v Secretary of State for the Home Department [2025] EWCA Civ 1065

Date: Aug 5, 2025
“Severe Mental-Health Risk Trumps Open Justice” – A Commentary on SA v Secretary of State for the Home Department ([2025] EWCA Civ 1065) Court: Court of Appeal (Civil Division) – England & Wales...
S (Children): The Court of Appeal’s Directive to Identify Transnational Marriage Abandonment as Domestic Abuse

S (Children): The Court of Appeal’s Directive to Identify Transnational Marriage Abandonment as Domestic Abuse

Date: Aug 4, 2025
S (Children): The Court of Appeal’s Directive to Identify Transnational Marriage Abandonment as Domestic Abuse 1. Introduction The decision in S (Children: Transnational Marriage Abandonment) ([2025]...
“The Burden-Shift & Holistic-Evidence Rule” in Domicile: A Commentary on Ramana v Kist-Ramana [2025] EWCA Civ 1022

“The Burden-Shift & Holistic-Evidence Rule” in Domicile: A Commentary on Ramana v Kist-Ramana [2025] EWCA Civ 1022

Date: Aug 4, 2025
“The Burden-Shift & Holistic-Evidence Rule” in Domicile: A Commentary on Ramana v Kist-Ramana [2025] EWCA Civ 1022 Introduction In Ramana v Kist-Ramana the Court of Appeal revisited one of the most...
“Individualised Disclosure” Re-defined: The Court of Appeal’s Clarification on List-Based Prior Art in Modernatx Inc v Pfizer Ltd & Ors

“Individualised Disclosure” Re-defined: The Court of Appeal’s Clarification on List-Based Prior Art in Modernatx Inc v Pfizer Ltd & Ors

Date: Aug 4, 2025
“Individualised Disclosure” Re-defined: The Court of Appeal’s Clarification on List-Based Prior Art in Modernatx Inc v Pfizer Ltd & Ors [2025] EWCA Civ 1032 1. Introduction The mRNA-vaccine wars...
Le Patourel II – Evidential Burden and Appellate Restraint in UK Excessive-Pricing Litigation

Le Patourel II – Evidential Burden and Appellate Restraint in UK Excessive-Pricing Litigation

Date: Aug 4, 2025
Le Patourel v BT Group PLC (No 2): The Court of Appeal clarifies the evidential burden in excessive-pricing cases and the limits of appellate intervention 1. Introduction This commentary examines the...
Hedges v R: Clarifying the Admissibility Threshold for Forensic Bite-Mark Evidence

Hedges v R: Clarifying the Admissibility Threshold for Forensic Bite-Mark Evidence

Date: Aug 4, 2025
Hedges v R – Clarifying the Admissibility Threshold for Forensic Bite-Mark Evidence 1. Introduction In Hedges, R. v ([2025] EWCA Crim 1051) the Court of Appeal (Criminal Division), presided over by...
Eronat v CNPC: The “Rendered-Date” Rule and the Enforceability of Contractual Exclusions of Time-Extension Powers under the Arbitration Act 1996

Eronat v CNPC: The “Rendered-Date” Rule and the Enforceability of Contractual Exclusions of Time-Extension Powers under the Arbitration Act 1996

Date: Aug 4, 2025
Eronat v CNPC: The “Rendered-Date” Rule and the Enforceability of Contractual Exclusions of Time-Extension Powers under the Arbitration Act 1996 1. Introduction Eronat v CNPC International (Chad) Ltd...
“No Automatic Equality Rights for Pre-Settled Status Holders” – Commentary on Fertre v Vale of White Horse DC

“No Automatic Equality Rights for Pre-Settled Status Holders” – Commentary on Fertre v Vale of White Horse DC

Date: Aug 4, 2025
“No Automatic Equality Rights for Pre-Settled Status Holders” A Detailed Commentary on Fertre v Vale of White Horse District Council ([2025] EWCA Civ 1057) 1. Introduction The Court of Appeal (Civil...
A Clear Divide – UKSC Restricts the Tort of Bribery to Fiduciary Relationships and Rejects Implied Dealer Loyalty in Motor-Finance Transactions

A Clear Divide – UKSC Restricts the Tort of Bribery to Fiduciary Relationships and Rejects Implied Dealer Loyalty in Motor-Finance Transactions

Date: Aug 4, 2025
A Clear Divide – UK Supreme Court Restricts the Tort of Bribery to Fiduciary Relationships and Rejects Implied Dealer Loyalty in Motor-Finance Transactions Introduction The decision in Hopcraft and...
Beyond the DBS: When Sentencers May Extend Employment Prohibitions through SHPOs – A Commentary on Thorpe v R [2025] EWCA Crim 1007

Beyond the DBS: When Sentencers May Extend Employment Prohibitions through SHPOs – A Commentary on Thorpe v R [2025] EWCA Crim 1007

Date: Aug 2, 2025
Beyond the DBS: When Sentencers May Extend Employment Prohibitions through SHPOs – A Commentary on Thorpe v R [2025] EWCA Crim 1007 Introduction Thorpe v R concerns the scope of a Sexual Harm...
Fraudulent Non-Disclosure as a Vitiating Factor in Prenuptial Agreements – Helliwell v Entwistle [2025] EWCA Civ 1055

Fraudulent Non-Disclosure as a Vitiating Factor in Prenuptial Agreements – Helliwell v Entwistle [2025] EWCA Civ 1055

Date: Aug 2, 2025
Fraudulent Non-Disclosure as a Vitiating Factor in Prenuptial Agreements – Helliwell v Entwistle ([2025] EWCA Civ 1055) 1. Introduction The Court of Appeal’s decision in Helliwell v Entwistle...
Clarifying “Necessity” in Fact-Finding Hearings: G (A Child) [2025] EWCA Civ 1044

Clarifying “Necessity” in Fact-Finding Hearings: G (A Child) [2025] EWCA Civ 1044

Date: Aug 2, 2025
Clarifying “Necessity” in Fact-Finding Hearings: The Material-Impact Test Confirmed in G (A Child: Scope of Fact-Finding) [2025] EWCA Civ 1044 1. Introduction G (A Child: Scope of Fact-Finding)...
Begum v Tower Hamlets: When Does an Administrative “Transfer List” Become a PCP?  – A New Guidepost on Indirect Sex Discrimination & Local-Authority Housing Duties

Begum v Tower Hamlets: When Does an Administrative “Transfer List” Become a PCP? – A New Guidepost on Indirect Sex Discrimination & Local-Authority Housing Duties

Date: Aug 2, 2025
Begum v London Borough of Tower Hamlets: When Does an Administrative “Transfer List” Become a PCP? A Comprehensive Commentary on the Court of Appeal’s Clarification of Indirect Discrimination and...
Disputed Allegations, Fortification & Full-and-Frank Disclosure: 
          A Commentary on Astor Asset Management 3 Ltd & Ors v Pliego & Anor 
          ([2025] EWCA Civ 1060)

Disputed Allegations, Fortification & Full-and-Frank Disclosure: A Commentary on Astor Asset Management 3 Ltd & Ors v Pliego & Anor ([2025] EWCA Civ 1060)

Date: Aug 2, 2025
Disputed Allegations, Fortification & Full-and-Frank Disclosure: A Commentary on Astor Asset Management 3 Ltd & Ors v Pliego & Anor ([2025] EWCA Civ 1060) England and Wales Court of Appeal (Civil...
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