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  • Commentaries

affirmation-of-& Case Commentaries

Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement

Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement

Date: Apr 10, 2025
Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement Introduction The High Court of Ireland’s decision in Board of Management of Wilson’s Hospital School v...
“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland

“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland

Date: Apr 10, 2025
“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland 1. Introduction Glasgow City Council v X (Scotland) ([2025] UKSC 13) is a landmark decision on the...
Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means

Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means

Date: Apr 10, 2025
Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means 1. Introduction This commentary examines the High Court of Ireland’s decision in Abdelaatti v College...
“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Flaminia [2025] UKSC 14)

“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Flaminia [2025] UKSC 14)

Date: Apr 10, 2025
“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Mediterranean Shipping Co SA v Conti 11 Container...
Actual Belief Suffices under PACE s.54(4)(a): Carter v Chief Constable of Essex Police

Actual Belief Suffices under PACE s.54(4)(a): Carter v Chief Constable of Essex Police

Date: Apr 10, 2025
Actual Belief Suffices under PACE s.54(4)(a) Introduction In Carter v Chief Constable of Essex Police ([2025] EWCA Civ 367) the England and Wales Court of Appeal considered when and how a custody...
Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice

Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice

Date: Apr 9, 2025
Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice Introduction SK v Minister for Justice ([2025] IEHC 231) concerns an...
Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations

Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations

Date: Apr 9, 2025
Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations Introduction This judgment arises from G.H. v Tusla Child and Family Agency & Ors [2025] IEHC 263, a High...
Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences

Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences

Date: Apr 9, 2025
Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences Introduction This case arises from a series of violent assaults committed by...
Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling: Halpin & Ors v Everyday Finance DAC & Ors

Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling: Halpin & Ors v Everyday Finance DAC & Ors

Date: Apr 9, 2025
Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling Introduction The High Court’s decision in Halpin & Ors v Everyday Finance DAC & Ors; Stairway Property Company Ltd v...
Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified

Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified

Date: Apr 9, 2025
Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified Introduction This appeal arises from the Court of Appeal’s decision in R v Miller [2025]...
Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36

Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36

Date: Apr 9, 2025
Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36 Introduction In the Outer House of the Scottish Court of Session, Lord Colbeck delivered the opinion in Louise...
Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514

Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514

Date: Apr 9, 2025
Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514 1. Introduction R v Taylor [2025] EWCA Crim 514 is a landmark Court of Appeal decision addressing how...
Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies

Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies

Date: Apr 9, 2025
Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies Introduction This landmark decision in YVR, R (On the Application Of) v Birmingham City Council ([2025] EWCA...
Proportional Recognition of Legitimate Contributions to Part-Acquired Property under the Proceeds of Crime Act

Proportional Recognition of Legitimate Contributions to Part-Acquired Property under the Proceeds of Crime Act

Date: Apr 8, 2025
Proportional Recognition of Legitimate Contributions to Part-Acquired Property under the Proceeds of Crime Act Introduction This commentary examines the High Court’s supplemental judgment in Criminal...
Issue Estoppel as a Barrier to Relitigation of Tax Refund Claims: A Landmark Clarification

Issue Estoppel as a Barrier to Relitigation of Tax Refund Claims: A Landmark Clarification

Date: Apr 7, 2025
Issue Estoppel as a Barrier to Relitigation of Tax Refund Claims: A Landmark Clarification Introduction The case of Skatteforvaltningen v MCML Ltd ([2025] EWCA Civ 371) brings to the fore a...
Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R

Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R

Date: Apr 7, 2025
Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R Introduction The case of Rice v R ([2025] EWCA Crim 352) represents a significant development...
Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies

Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies

Date: Apr 7, 2025
Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies Introduction The case of Disclosure and Barring Service v Tata Consultancy Services Ltd ([2025] EWCA Civ 380) arose from a...
Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle

Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle

Date: Apr 7, 2025
Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle Introduction The case of Aslani v Sobierajska ([2025] EWCA Civ 391) before the...
No Tangible Benefit, No Standing: Restricting Probate Challenges to Interested Parties

No Tangible Benefit, No Standing: Restricting Probate Challenges to Interested Parties

Date: Apr 5, 2025
No Tangible Benefit, No Standing: Restricting Probate Challenges to Interested Parties Introduction In Lynch & Ors v Murphy [2025] IEHC 193, the High Court of Ireland considered an application to...
Clarifying the Scope of Discovery in Contractual Guarantee Disputes: The Rule 7 Relevance Principle in Short Brothers PLC v AAR Corp

Clarifying the Scope of Discovery in Contractual Guarantee Disputes: The Rule 7 Relevance Principle in Short Brothers PLC v AAR Corp

Date: Apr 5, 2025
Clarifying the Scope of Discovery in Contractual Guarantee Disputes: The Rule 7 Relevance Principle in Short Brothers PLC v AAR Corp Introduction Short Brothers PLC v AAR Corp ([2025] NICA 18) was...
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