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  • Commentaries

compensation-obligations-under-statutory-requisition:-de-keyser& Case Commentaries

Relevance-Linked Admissibility of Autism Evidence and Limits on Mid‑Trial Adjournments: R v Smilginis [2025] EWCA Crim 1261

Relevance-Linked Admissibility of Autism Evidence and Limits on Mid‑Trial Adjournments: R v Smilginis [2025] EWCA Crim 1261

Date: Jul 16, 2025
Relevance-Linked Admissibility of Autism Evidence and Limits on Mid‑Trial Adjournments: R v Smilginis [2025] EWCA Crim 1261 Introduction This commentary examines the Court of Appeal’s decision in R v...
MU v Secretary of State for the Home Department: Mandatory Assessment of State Protection & Internal Relocation in Article 3 ECHR Deportation Appeals

MU v Secretary of State for the Home Department: Mandatory Assessment of State Protection & Internal Relocation in Article 3 ECHR Deportation Appeals

Date: Jul 16, 2025
MU v Secretary of State for the Home Department: Mandatory Assessment of State Protection & Internal Relocation in Article 3 ECHR Deportation Appeals Introduction The Court of Appeal’s decision in MU...
Discovery Before Pleadings & Statutory Supremacy of the Legal Costs Adjudicator – Comment on Flatley & Anor v Novellus Finance Ltd & Ors [2025] IEHC 404

Discovery Before Pleadings & Statutory Supremacy of the Legal Costs Adjudicator – Comment on Flatley & Anor v Novellus Finance Ltd & Ors [2025] IEHC 404

Date: Jul 16, 2025
Discovery Before Pleadings & the Statutory Supremacy of the Legal Costs Adjudicator Commentary on Flatley & Anor v Novellus Finance Ltd & Ors [2025] IEHC 404 1. Introduction Flatley & Anor v Novellus...
Stevens v R – Correcting Confiscation Orders when Defined-Benefit Pensions Have No Market Value: Fairness over Finality

Stevens v R – Correcting Confiscation Orders when Defined-Benefit Pensions Have No Market Value: Fairness over Finality

Date: Jul 16, 2025
Stevens v R – Correcting Confiscation Orders when Defined-Benefit Pensions Have No Market Value: Fairness over Finality 1. Introduction In Stevens, R. v ([2025] EWCA Crim 1123) the Court of Appeal...
“Severability of Flawed Short-Form Reasons” – A Comment on Vaid v Minister for Justice & Anor [2025] IEHC 389

“Severability of Flawed Short-Form Reasons” – A Comment on Vaid v Minister for Justice & Anor [2025] IEHC 389

Date: Jul 15, 2025
“Severability of Flawed Short-Form Reasons” – A Comment on Vaid v Minister for Justice & Anor [2025] IEHC 389 1. Introduction The High Court’s decision in Vaid v Minister for Justice & Anor ([2025]...
Strict Adherence to Statutory Judicial Review under the Planning and Development Act 2000 for Challenges to Derelict-Site Vesting Orders – Commentary on Telstar Investments Ltd v Dublin City Council [2025] IEHC 386

Strict Adherence to Statutory Judicial Review under the Planning and Development Act 2000 for Challenges to Derelict-Site Vesting Orders – Commentary on Telstar Investments Ltd v Dublin City Council [2025] IEHC 386

Date: Jul 15, 2025
Strict Adherence to Statutory Judicial Review under the Planning and Development Act 2000 for Challenges to Derelict-Site Vesting Orders Commentary on Telstar Investments Ltd v Dublin City Council...
Perez v Coombe: High Court Clarifies the Status of Clinical Guidelines and the “Two-Schools-of-Thought” Defence in Irish Medical-Negligence Law

Perez v Coombe: High Court Clarifies the Status of Clinical Guidelines and the “Two-Schools-of-Thought” Defence in Irish Medical-Negligence Law

Date: Jul 15, 2025
Perez v Coombe: High Court Clarifies the Status of Clinical Guidelines and the “Two-Schools-of-Thought” Defence in Irish Medical-Negligence Law 1. Introduction Citation: Perez v Coombe Women &...
Pepper Finance v. Cuffe – Conclusive Land Registry Entries & Admissibility of Litigation-Generated Business Records in Summary Possession Actions

Pepper Finance v. Cuffe – Conclusive Land Registry Entries & Admissibility of Litigation-Generated Business Records in Summary Possession Actions

Date: Jul 15, 2025
Pepper Finance v. Cuffe – Conclusive Land Registry Entries & Admissibility of Litigation-Generated Business Records in Summary Possession Actions 1. Introduction Court: High Court of Ireland  | ...

    “Entitlement-to-Rent” as the Sole Test of Landlord Status under the Residential Tenancies Act 2004 – A Comment on Ó Laoire v. Residential Tenancies Board [2025] IEHC 384

“Entitlement-to-Rent” as the Sole Test of Landlord Status under the Residential Tenancies Act 2004 – A Comment on Ó Laoire v. Residential Tenancies Board [2025] IEHC 384

Date: Jul 15, 2025
“Entitlement-to-Rent” as the Sole Test of Landlord Status under the Residential Tenancies Act 2004 – A Comprehensive Commentary on Ó Laoire v. Residential Tenancies Board [2025] IEHC 384 1....
Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390

Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390

Date: Jul 15, 2025
Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390 1. Introduction This commentary analyses the...
“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397)

“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397)

Date: Jul 15, 2025
“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397) 1. Introduction This third judgment in the long-running environmental...
“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398

“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398

Date: Jul 15, 2025
“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398 1. Introduction Lobov v McGregor is a High Court of Ireland decision delivered electronically...
From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners

From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners

Date: Jul 15, 2025
From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners 1. Introduction The High Court decision in Hade v Revenue Commissioners ([2025]...
Todd v Rex ([2025] EWCA Crim 883): Re-affirming the “Relevant Similarity & Temporal Nexus” Test under s.41(3)(c) YJCEA 1999

Todd v Rex ([2025] EWCA Crim 883): Re-affirming the “Relevant Similarity & Temporal Nexus” Test under s.41(3)(c) YJCEA 1999

Date: Jul 15, 2025
Todd v Rex ([2025] EWCA Crim 883): Re-affirming the “Relevant Similarity & Temporal Nexus” Test under s.41(3)(c) Youth Justice and Criminal Evidence Act 1999 1. Introduction Court of Appeal (Criminal...
The Tallentire Principle: Judicial Comment on a Defendant’s Failure to Call a Witness

The Tallentire Principle: Judicial Comment on a Defendant’s Failure to Call a Witness

Date: Jul 15, 2025
The Tallentire Principle: Judicial Comment on a Defendant’s Failure to Call a Witness Introduction Tallentire & Anor v Rex ([2025] EWCA Crim 885) presented the Court of Appeal (Criminal Division)...
“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson v. An Bord Pleanála [2025] IESC 31

“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson v. An Bord Pleanála [2025] IESC 31

Date: Jul 15, 2025
“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson & anor v. An Bord Pleanála [2025] IESC 31 1. Introduction The...
Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers and the Boundary of Media Defences

Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers and the Boundary of Media Defences

Date: Jul 15, 2025
Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers ([2025] IESC 30) Introduction Bird v Iconic Newspapers is the Supreme Court of Ireland’s leading decision on the scope of...
Integrated Proportionality & Domestic-Abuse Risk in International Relocation – Comment on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888

Integrated Proportionality & Domestic-Abuse Risk in International Relocation – Comment on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888

Date: Jul 15, 2025
Integrated Proportionality & Domestic-Abuse Risk in International Relocation A Commentary on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888 1. Introduction The Court of Appeal’s...
“Constraint Benefits” Re-defined:  PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

Date: Jul 15, 2025
“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases 1. Introduction In Glenfiddich Wind Ltd v Dorenell Windfarm Ltd ([2025]...
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Date: Jul 15, 2025
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases Introduction The Inner House of the Court of Session in Caledonia...
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