clarifying-'commercially-reasonable'-consent-in-financial-guarantees:-barclays-bank-plc-v.-unicredit-bank-ag Case Commentaries

Von Geitz v Kelly & Ors: Refining Strike-Out Jurisdiction and Isaac Wunder Orders in Whistleblowing Litigation

Date: Apr 5, 2025

Von Geitz v Kelly & Ors: Refining Strike-Out Jurisdiction and Isaac Wunder Orders in Whistleblowing Litigation Introduction In Von Geitz v Kelly & Ors ([2025] IEHC 203), Mr. Justice Heslin considered...

Harmless Error and Material Contravention: Certiorari Limits for Have-Regard-To Local Area Plans

Date: Apr 5, 2025

Harmless Error and Material Contravention: Certiorari Limits for Have-Regard-To Local Area Plans Introduction This commentary examines the High Court’s decision in Ryanair Designated Activity Company...

Clarifying Appeals from Interlocutory Orders: Leave and Timeliness under the Judicature (NI) Act 1978

Date: Apr 5, 2025

Clarifying Appeals from Interlocutory Orders: Leave and Timeliness under the Judicature (NI) Act 1978 1. Introduction This commentary examines the Court of Appeal’s decision in Patterson & Anor v...

Issue Estoppel from Legal Determinations Bars Re‑Litigation Across Different Transactions: Court of Appeal in Skatteforvaltningen v MCML Ltd [2025] EWCA Civ 371

Date: Apr 5, 2025

Issue Estoppel from Legal Determinations Bars Re‑Litigation Across Different Transactions: Court of Appeal in Skatteforvaltningen v MCML Ltd [2025] EWCA Civ 371 Introduction The England and Wales...

Pre‑Application Planning Advice Is Not a Justiciable Decision: Millar v South Ayrshire Council [2025] CSOH 35

Date: Apr 5, 2025

Pre‑Application Planning Advice Is Not a Justiciable Decision: Millar v South Ayrshire Council [2025] CSOH 35 Introduction This judgment from the Outer House of the Court of Session (Lord Richardson)...

Clarification of “Determination” under Section 34(12)(b) of the Planning and Development Act 2000

Date: Apr 5, 2025

Clarification of “Determination” under Section 34(12)(b) of the Planning and Development Act 2000 Introduction This commentary examines the High Court decision in 100 Meter Tall Group & Ors v An Bord...

Clarification of “Official Warnings” and Category 1A Culpability under the Dangerous Dogs Act 1991

Date: Apr 5, 2025

Clarification of “Official Warnings” and Category 1A Culpability under the Dangerous Dogs Act 1991 Introduction This commentary examines the Court of Appeal’s decision in Taylor, R. v [2025] EWCA...

The Imperative of Formality: Police Discretion in Varying Pre-Charge Bail Surrender Arrangements under Article 48 PACE

Date: Apr 5, 2025

The Imperative of Formality: Police Discretion in Varying Pre-Charge Bail Surrender Arrangements under Article 48 PACE 1. Introduction This commentary examines the Court of Appeal in Northern...

Mootness Doctrine and the Limits of First-Instance Constitutional Review under Section 179A

Date: Apr 5, 2025

Mootness Doctrine and the Limits of First-Instance Constitutional Review under Section 179A Introduction O’Meara –v- Westmeath County Council & Ors [2025] IEHC 192 is a High Court decision of Ms...

Anderson & Anderson: Post‑Whitla Murder Sentencing Clarified — Judges must state intent (kill vs GBH), address non‑technical provocation, avoid double counting; youth alone does not lower the starting point; delay reductions require culpable delay

Date: Apr 5, 2025

Anderson & Anderson: Post‑Whitla Murder Sentencing Clarified — Judges must state intent (kill vs GBH), address non‑technical provocation, avoid double counting; youth alone does not lower the...

Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463

Date: Apr 5, 2025

Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463 Introduction In TMD v R ([2025] EWCA Crim 463), the England and Wales Court of Appeal (Criminal Division) considered the...

Defining the Threshold for Certification of Leave to Appeal in Planning Judicial Reviews

Date: Apr 5, 2025

Defining the Threshold for Certification of Leave to Appeal in Planning Judicial Reviews: Exceptional Public Importance and Public Interest Introduction In Eco Advocacy CLG v An Bord Pleanála ([2025]...

Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA

Date: Apr 4, 2025

Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA Introduction The case of Sullivan v Isle of Wight Council ([2025] EWCA Civ 379) addresses complex...

Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context

Date: Apr 4, 2025

Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context Introduction This commentary examines the judgment in Renaissance Securities...

Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies

Date: Apr 4, 2025

Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies Introduction The Judgment issued by the Scottish Court of Session on 1 April 2025 in the case...

Certification of Appeals and the ‘Exceptional Public Importance’ Threshold in Planning Judicial Reviews

Date: Apr 4, 2025

Certification of Appeals and the ‘Exceptional Public Importance’ Threshold in Planning Judicial Reviews Introduction The decision in Stapleton v An Bord Pleanála & Ors (Approved) [2025] IEHC 178...

A New Standard for Water Body-Specific Measures in UK Water Management: Commentary on SSEFRA v Pickering Fishery Association

Date: Apr 4, 2025

A New Standard for Water Body-Specific Measures in UK Water Management This commentary examines the judgment in Secretary of State for Environment, Food and Rural Affairs v Pickering Fishery...

The Unitary Modular Design Principle in Registered Design Law

Date: Apr 4, 2025

The Unitary Modular Design Principle in Registered Design Law Introduction The judgment in Safestand Ltd v Weston Homes PLC & Ors ([2025] EWCA Civ 374) represents a significant development in the...

New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law

Date: Apr 4, 2025

New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law Introduction The judgment in Davies v Benwell Road RTM Company Ltd [2025] EWCA Civ 368...

Reassessing Preliminary Issue Hearings in Employment Equality Claims: The McKeown Precedent

Date: Apr 4, 2025

Reassessing Preliminary Issue Hearings in Employment Equality Claims: The McKeown Precedent Introduction The case of McKeown v Minister for Defence & Ors ([2025] IEHC 177) brings forward a...