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  • Commentaries

affirmation-of-& Case Commentaries

R v Moran ([2025] EWCA Crim 612):  Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies

R v Moran ([2025] EWCA Crim 612): Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies

Date: Apr 12, 2025
R v Moran ([2025] EWCA Crim 612): Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies 1. Introduction The decision in R v Moran is a significant contribution to...
Clarke v Poole: Affirmation of the Three-Stage Balancing Test and the Primacy of Personal Autonomy

Clarke v Poole: Affirmation of the Three-Stage Balancing Test and the Primacy of Personal Autonomy

Date: Apr 12, 2025
Clarke v Poole: Affirmation of the Three-Stage Balancing Test and the Primacy of Personal Autonomy Introduction Clarke v Poole & Ors ([2025] EWCA Civ 447) deals with a high-stakes dispute in which a...
Makeality Ltd v City Doggo Ltd & Anor: Allocation to IPEC Small Claims Track and Article 14 Compliance

Makeality Ltd v City Doggo Ltd & Anor: Allocation to IPEC Small Claims Track and Article 14 Compliance

Date: Apr 12, 2025
Makeality Ltd v City Doggo Ltd & Anor: Allocation to IPEC Small Claims Track and Article 14 Compliance Introduction This Court of Appeal decision concerns a trade mark infringement and passing-off...
Exemption of Telematics Device Provision and Fitting as Insurance Intermediary Services

Exemption of Telematics Device Provision and Fitting as Insurance Intermediary Services

Date: Apr 12, 2025
Exemption of Telematics Device Provision and Fitting as Insurance Intermediary Services 1. Introduction This commentary examines the Court of Appeal’s decision in WTGIL Ltd v Revenue and Customs...
Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive

Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive

Date: Apr 12, 2025
Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive Introduction Massey v An Bord Pleanála & Ors [No. 3] ([2025] IEHC 218) is a High Court...
No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd

No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd

Date: Apr 12, 2025
No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd Introduction Laidley v Metropolitan Housing Trust Ltd ([2025] EWCA Civ 448) is a...
Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings

Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings

Date: Apr 11, 2025
Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings Introduction This commentary reviews the Court of Appeal decision in Ahmad & Anor v Faraj ([2025] EWCA Civ...
Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter

Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter

Date: Apr 11, 2025
Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter 1. Introduction This judgment arises from the renewed application by the appellant, Ms....
Reinforcing Evidentiary Clarity in Summary Debt Claims: Cabot Financial [Ireland] Ltd v Hanney

Reinforcing Evidentiary Clarity in Summary Debt Claims: Cabot Financial [Ireland] Ltd v Hanney

Date: Apr 11, 2025
Reinforcing Evidentiary Clarity in Summary Debt Claims Cabot Financial [Ireland] Ltd v Darren Hanney ([2025] IEHC 213) 1. Introduction In Cabot Financial [Ireland] Ltd v Hanney, the High Court was...
Prestwick Care v SSHD: Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the “Robust Balance of Convenience” Test

Prestwick Care v SSHD: Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the “Robust Balance of Convenience” Test

Date: Apr 11, 2025
Prestwick Care v Secretary of State for the Home Department ([2025] EWCA Civ 991): Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the...
Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings

Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings

Date: Apr 11, 2025
Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings Introduction This commentary examines the landmark decision in M (A Child: Intermediaries) [2025] EWCA Civ...
Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants

Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants

Date: Apr 11, 2025
Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants Introduction Castle, R. v ([2025] EWCA Crim 535) is a landmark decision of the England and Wales Court of Appeal (Criminal...
No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework

No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework

Date: Apr 11, 2025
No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework Introduction This commentary examines the Court of Appeal in Northern...
Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement

Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement

Date: Apr 11, 2025
Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement Introduction Cabot Financial (Ireland) Ltd v Lawless [2025] IEHC 233 is a High Court decision by Mr Justice Barr handed...
Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes

Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes

Date: Apr 11, 2025
Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes Introduction Point Village Development Limited (“PVDL”) sued Dunnes Stores Unlimited Company...
Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424

Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424

Date: Apr 11, 2025
Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424 Introduction Re A (A Child) [2025] EWCA Civ 424 is a landmark Court of Appeal...
Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher

Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher

Date: Apr 11, 2025
Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher Introduction In Mars Capital Finance Ireland DAC & Anor v Gallagher & Anor...
R v Wheeler: Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders

R v Wheeler: Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders

Date: Apr 11, 2025
Recognition of Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders Introduction R v Wheeler ([2025] EWCA Crim 558) is a landmark Court of Appeal decision addressing how a diagnosis of...
Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen

Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen

Date: Apr 11, 2025
Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen Introduction Dragados UK Limited (“the Pursuer”) sued the Port of Aberdeen (“the Defender”)...
“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331

“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331

Date: Apr 10, 2025
“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331 Introduction AMS v Birthistle is the High Court of Ireland’s first reported decision dealing with failure to diagnose...
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