consent-reaffirmed-as-no-defence-in-assault-occasioning-actual-bodily-harm:-hobday-v-r.-2025-ewca-crim-46 Case Commentaries

No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 (Minister for Justice v Nistor [2025] IEHC 609)

Date: Nov 11, 2025

No Waiver Without Actual Knowledge: Probation Compliance Cannot Cure In Absentia Defects under s.45 Commentary on Minister for Justice v Nistor [2025] IEHC 609 (High Court of Ireland, 5 November...

Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway

Date: Nov 11, 2025

Genuine belief that proceedings were served, absent unusual external factors, is “mere inadvertence” and does not satisfy the Order 8 r.1(4) “special circumstances” gateway Commentary on Hadnett v...

Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside

Date: Nov 11, 2025

Insurer Indemnity Third‑Party Notices in the Circuit Court: No Section 27 Time Imperative and a “Manifestly Bound to Fail” Threshold on Set‑Aside Introduction Foley v 360 Degrees Complete Maintenance...

‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591

Date: Nov 11, 2025

‘Inactivity’ Means No Procedural Steps and Cumulative Periods Count: The High Court’s Primor–Kirwan Roadmap in Doyle v Commissioner of An Garda Síochána [2025] IEHC 591 Introduction This High Court...

Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy

Date: Nov 11, 2025

Reason-Giving as a Gateway to Statutory Appeals: Inadequate Labour Court Reasons Make s.46 Appeal an Inadequate Alternative Remedy Introduction In Arkins & Anor v Labour Court [2025] IEHC 605, the...

Reaffirming the Salem Discretion: Court of Appeal Declines to Determine Academic Appeal on NRPF Support and Article 8

Date: Nov 11, 2025

Reaffirming the Salem Discretion: Court of Appeal Declines to Determine Academic Appeal on NRPF Support and Article 8 Introduction In LR, R (On the Application Of) v Coventry City Council [2025] EWCA...

No Automatic Restitutionary Interest on Set-Aside Payments: Fairness-Based Allocation to Interest First (Evonik UK Holdings Ltd v HMRC [2025] EWCA Civ 1392)

Date: Nov 11, 2025

No Automatic Restitutionary Interest on Set-Aside Payments: Fairness-Based Allocation to Interest First Case: Evonik UK Holdings Ltd v Revenue and Customs [2025] EWCA Civ 1392 Court: England and...

Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy Proportionality)

Date: Nov 11, 2025

Hyland v Commissioner of An Garda Síochána: Section 9 Is a Retention Rule, Not a Use Rule — Lawful Knowledge from a Search Warrant May Ground Garda Disciplinary Action (Subject to Privacy...

Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney & Anor [No. 2] [2025] IEHC 602

Date: Nov 11, 2025

Collateral Challenges Do Not Pause Costs or Well‑Charging Relief: Structured application of LSRA 2015 s.168–169 and RSC O.61 r.12 in a de novo Circuit appeal — Commentary on Gaffney & Anor v Gaffney...

Conditional Stays, Mortgage-to-Rent, and the Statutory Right to Vary Proceeds of Crime Orders: Commentary on Criminal Assets Bureau v O'Brien & Anor [2025] IEHC 603

Date: Nov 11, 2025

Conditional Stays, Mortgage-to-Rent, and the Statutory Right to Vary Proceeds of Crime Orders: A Commentary on Criminal Assets Bureau v O'Brien & Anor [2025] IEHC 603 1. Introduction This High Court...

Sweeney v Friel [2025] IEHC 716: Aggravated and Exemplary Damages for Abuse of Process and Judicial Discretion Not to Apply Collins v Parm Reductions

Date: Nov 11, 2025

Sweeney v Friel [2025] IEHC 716: Aggravated and Exemplary Damages for Abuse of Process and Judicial Discretion Not to Apply Collins v Parm Reductions 1. Introduction The High Court decision in...

Provisional Medical Attribution as “Date of Knowledge” under the Statute of Limitations: Commentary on Kmiec v Noonan Services Group Ltd [2025] IEHC 694

Date: Nov 11, 2025

Provisional Medical Attribution as “Date of Knowledge” under the Statute of Limitations: Commentary on Kmiec v Noonan Services Group Ltd [2025] IEHC 694 1. Introduction The High Court decision in...

De minimis Loss of Ancient Woodland under NPF4 Policy 6(b)(i) Can Be Outweighed; Adequate Reasons May Be Supplied by a Report of Handling

Date: Nov 8, 2025

De minimis Loss of Ancient Woodland under NPF4 Policy 6(b)(i) Can Be Outweighed; Adequate Reasons May Be Supplied by a Report of Handling Introduction In [2025] CSOH 102 (Outer House, Court of...

Certified Dilapidations Cost as the Landlord’s Only Remedy Quoad Condition: HFD Glasgow 3 Ltd v Student Loans Company Ltd [2025] CSOH 101

Date: Nov 8, 2025

Certified Dilapidations Cost as the Landlord’s Only Remedy Quoad Condition Case: HFD Glasgow 3 Limited v Student Loans Company Limited Citation: [2025] CSOH 101 (Outer House, Court of Session) Judge:...

Section 21 of the Consumer Insurance Contracts Act 2019 Confined to Consumer Insurance Contracts: Commentary on M & Anor v Centric Health Primary Care Ltd & Anor [2025] IEHC 735

Date: Nov 8, 2025

Section 21 of the Consumer Insurance Contracts Act 2019 Confined to Consumer Insurance Contracts: Commentary on M & Anor v Centric Health Primary Care Ltd & Anor [2025] IEHC 735 1. Introduction This...

Authentic Identity, Human Dignity and the Integrity of Civil Registration in Witness Protection: Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025] IESC 44

Date: Nov 8, 2025

Authentic Identity, Human Dignity and the Integrity of Civil Registration in Witness Protection: Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025] IESC 44 1. Introduction This...

No Constitutional Right to Fictitious Identity Documents & Human Dignity as Value: Commentary on Doe & ors v Commissioner of An Garda Síochána [2025] IESC 44

Date: Nov 8, 2025

No Constitutional Right to Fictitious Identity Documents and Human Dignity as a Constitutional Value (Not a Stand‑Alone Right) Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025]...

Limits of the Constitutional Right to Identity: No Duty to Issue Fictitious Civil Status Certificates for Witness Protection – Commentary on Doe & ors v Commissioner of An Garda Síochána [2025] IESC 44

Date: Nov 8, 2025

Limits of the Constitutional Right to Identity: No Duty to Issue Fictitious Civil Status Certificates for Witness Protection Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025]...

Extended Sentences for Children: Dangerousness Confirmed and DTOs Cannot Run Concurrently with an Extended Sentence (R v TJ [2025] EWCA Crim 1391)

Date: Nov 7, 2025

Extended Sentences for Children: Dangerousness Confirmed and DTOs Cannot Run Concurrently with an Extended Sentence (R v TJ [2025] EWCA Crim 1391) Introduction This commentary analyses the Court of...

Short‑Term Control Still a “Significant Role”: Plea Credit, Harm Category, and Administrative Surcharge Clarified in R v Adetoyi [2025] EWCA Crim 1393

Date: Nov 7, 2025

Short‑Term Control Still a “Significant Role”: Plea Credit, Harm Category, and Administrative Surcharge Clarified in R v Adetoyi [2025] EWCA Crim 1393 Court: England and Wales Court of Appeal...