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  • Commentaries

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

JAH v R: Clarifying the “Lurking-Doubt” Threshold and the De-Minimis Rule for Procedural Irregularities on Criminal Appeal

JAH v R: Clarifying the “Lurking-Doubt” Threshold and the De-Minimis Rule for Procedural Irregularities on Criminal Appeal

Date: Jul 10, 2025
JAH v R: Clarifying the “Lurking-Doubt” Threshold and the De-Minimis Rule for Procedural Irregularities on Criminal Appeal Introduction In JAH, R v ([2025] EWCA Crim 1020) the Criminal Division of...
“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

Date: Jul 9, 2025
“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) for Judicial Review [2025] CSOH 60 1. Introduction The Outer House of the Scottish Court of Session, per Lord Lake,...

        Sutton v DPP (No. 2): High Court Clarifies that Previously-Disclosed Material
        Cannot Constitute “New Evidence” in Successive Prohibition Applications

Sutton v DPP (No. 2): High Court Clarifies that Previously-Disclosed Material Cannot Constitute “New Evidence” in Successive Prohibition Applications

Date: Jul 9, 2025
Sutton v Director of Public Prosecutions & Ors [2025] IEHC 375: Clarifying the Non-Applicability of “Date of Knowledge” and Reinforcing the One-Proceeding Rule in Criminal Judicial Review...
“Will Not Be Issued” v. “Cannot Be Issued”:  Singh v. Minister for Enterprise, Trade and Employment and the Proper Exercise of Ministerial Discretion under s.12(1)(i) of the Employment Permits Act 2006

“Will Not Be Issued” v. “Cannot Be Issued”: Singh v. Minister for Enterprise, Trade and Employment and the Proper Exercise of Ministerial Discretion under s.12(1)(i) of the Employment Permits Act 2006

Date: Jul 9, 2025
“Will Not Be Issued” v. “Cannot Be Issued” Singh v. Minister for Enterprise, Trade and Employment ([2025] IEHC 383) Introduction In Singh v. Minister for Enterprise, Trade and Employment the High...
“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964

“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964

Date: Jul 9, 2025
“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964 1. Introduction Planetwhite Ltd v Hogan & Anor ([2025] IEHC 378)...
Mars Capital v Kane & Anor – High Court Clarifies Business-Record Evidence and Parallel Proceedings in Mortgage Debt Litigation

Mars Capital v Kane & Anor – High Court Clarifies Business-Record Evidence and Parallel Proceedings in Mortgage Debt Litigation

Date: Jul 9, 2025
Mars Capital Finance Ireland DAC v Kane & Anor [2025] IEHC 379 High Court confirms: (1) business-record evidence under the 2020 Act is admissible through a transferee’s deponent, and (2) a lender may...
“Developers First in Line” – Court of Appeal Confirms Retrospective Reach of Remediation Contribution Orders and the “Public-Purse-as-Last-Resort” Principle under the Building Safety Act 2022

“Developers First in Line” – Court of Appeal Confirms Retrospective Reach of Remediation Contribution Orders and the “Public-Purse-as-Last-Resort” Principle under the Building Safety Act 2022

Date: Jul 9, 2025
“Developers First in Line” – Court of Appeal Confirms Retrospective Reach of Remediation Contribution Orders and the “Public-Purse-as-Last-Resort” Principle under the Building Safety Act 2022...
Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings – Comment on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC 381

Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings – Comment on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC 381

Date: Jul 9, 2025
Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings Commentary on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC...
Finite, Not Fleeting: Court of Appeal Clarifies ‘Temporary’ Agency Work and Agency-Employer Status – Commentary on Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849

Finite, Not Fleeting: Court of Appeal Clarifies ‘Temporary’ Agency Work and Agency-Employer Status – Commentary on Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849

Date: Jul 9, 2025
Finite, Not Fleeting: Court of Appeal Clarifies ‘Temporary’ Agency Work and Agency-Employer Status Commentary on Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849 1. Introduction The Court of Appeal’s...
Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point – The Post-Commencement Bar on Service Charges for Pre-Existing Building-Safety Legal Costs

Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point – The Post-Commencement Bar on Service Charges for Pre-Existing Building-Safety Legal Costs

Date: Jul 9, 2025
“No Service Charge Is Payable”: The Court of Appeal Confirms a Post-Commencement Bar on Passing Historic Building-Safety Legal Costs to Leaseholders (Adriatic Land 5 Ltd v Long Leaseholders at...
R v Miah [2025] EWCA Crim 1100: When remand, licence and post‑sentence supervision already satisfy punishment — Conditional discharge as the just disposal for a youth under s.8(4) Sentencing Act 2020

R v Miah [2025] EWCA Crim 1100: When remand, licence and post‑sentence supervision already satisfy punishment — Conditional discharge as the just disposal for a youth under s.8(4) Sentencing Act 2020

Date: Jul 9, 2025
R v Miah [2025] EWCA Crim 1100: When remand, licence and post‑sentence supervision already satisfy punishment — Conditional discharge as the just disposal for a youth under s.8(4) Sentencing Act 2020...
Humphreys v R: Clarifying the Evidential Threshold for Harm Category 1 in Dangerous-Driving Sentencing

Humphreys v R: Clarifying the Evidential Threshold for Harm Category 1 in Dangerous-Driving Sentencing

Date: Jul 9, 2025
Humphreys v R: Clarifying the Evidential Threshold for Harm Category 1 in Dangerous-Driving Sentencing 1. Introduction Humphreys, R. v ([2025] EWCA Crim 997) presented the Court of Appeal (Criminal...
R v ACP [2025] EWCA Crim 1140: Court of Appeal Mandates an Express “Notional Adult Overall Sentence” Followed by Youth/Vulnerability Discount at the Totality Stage

R v ACP [2025] EWCA Crim 1140: Court of Appeal Mandates an Express “Notional Adult Overall Sentence” Followed by Youth/Vulnerability Discount at the Totality Stage

Date: Jul 9, 2025
R v ACP [2025] EWCA Crim 1140: Court of Appeal Mandates an Express “Notional Adult Overall Sentence” Followed by Youth/Vulnerability Discount at the Totality Stage Introduction This commentary...
R v Mohammed [2025] EWCA Crim 1139: Circumstantial Evidence and “More Than Merely Preparatory” Acts—Reaffirming the Galbraith/Masih Threshold for No-Case Submissions in Attempted Rape

R v Mohammed [2025] EWCA Crim 1139: Circumstantial Evidence and “More Than Merely Preparatory” Acts—Reaffirming the Galbraith/Masih Threshold for No-Case Submissions in Attempted Rape

Date: Jul 9, 2025
R v Mohammed [2025] EWCA Crim 1139: Circumstantial Evidence and “More Than Merely Preparatory” Acts—Reaffirming the Galbraith/Masih Threshold for No-Case Submissions in Attempted Rape Introduction In...
“The Murphy Adjustment” – Calibrating Sentences for Non-Terrorist Explosive Offences that Resemble Terrorism

“The Murphy Adjustment” – Calibrating Sentences for Non-Terrorist Explosive Offences that Resemble Terrorism

Date: Jul 9, 2025
“The Murphy Adjustment” – Calibrating Sentences for Non-Terrorist Explosive Offences that Resemble Terrorism Introduction The England and Wales Court of Appeal (Criminal Division) decision in Murphy,...
R v GBE: Clarifying the Limits of Delay-Based Sentence Reductions and the Court’s Discretion on Unduly Lenient References

R v GBE: Clarifying the Limits of Delay-Based Sentence Reductions and the Court’s Discretion on Unduly Lenient References

Date: Jul 9, 2025
R v GBE: Clarifying the Limits of Delay-Based Sentence Reductions and the Court’s Discretion on Unduly Lenient References 1. Introduction Case: GBE, R. v ([2025] EWCA Crim 1064) Court: Court of...
“Exceptional Departure”: When Severe Mental Ill-Health Justifies a Community Order for s.278 Sexual Offences – Commentary on IAG, R. v [2025] EWCA Crim 1087

“Exceptional Departure”: When Severe Mental Ill-Health Justifies a Community Order for s.278 Sexual Offences – Commentary on IAG, R. v [2025] EWCA Crim 1087

Date: Jul 9, 2025
“Exceptional Departure”: When Severe Mental Ill-Health Justifies a Community Order for s.278 Sexual Offences – Commentary on IAG, R. v [2025] EWCA Crim 1087 1. Introduction IAG, R. v ([2025] EWCA...
“Ammori v SSHD” — Consolidating Judicial Deference in Interim Relief
         Applications Against Proscription Orders

“Ammori v SSHD” — Consolidating Judicial Deference in Interim Relief Applications Against Proscription Orders

Date: Jul 8, 2025
“Ammori v Secretary of State for the Home Department” — Consolidating Judicial Deference in Interim Relief Applications Challenging Terrorism Proscription Orders Introduction In Ammori, R. (On the...
“The Cap-Neutrality Principle” – Court of Appeal Clarifies that Capped-Multiple LFAs Are Not Damages-Based Agreements (Sony v Neill [2025] EWCA Civ 841)

“The Cap-Neutrality Principle” – Court of Appeal Clarifies that Capped-Multiple LFAs Are Not Damages-Based Agreements (Sony v Neill [2025] EWCA Civ 841)

Date: Jul 8, 2025
“The Cap-Neutrality Principle” – Court of Appeal Clarifies that Capped-Multiple LFAs Are Not Damages-Based Agreements Sony Interactive Entertainment Europe Ltd & Anor v Alex Neill Class...
“From ‘Could’ to ‘Must’: Court of Appeal Clarifies the Actual-Exercise Requirement for Site-Provider Break Rights Under Paragraph 31 of the Electronic Communications Code”

“From ‘Could’ to ‘Must’: Court of Appeal Clarifies the Actual-Exercise Requirement for Site-Provider Break Rights Under Paragraph 31 of the Electronic Communications Code”

Date: Jul 8, 2025
From “Could” to “Must”: Court of Appeal Clarifies the Actual-Exercise Requirement for Site-Provider Break Rights Under Paragraph 31 of the Electronic Communications Code Introduction The Court of...
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