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  • Commentaries

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

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

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)

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)

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

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

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

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

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

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

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:...
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

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

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

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)

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

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...
Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c)

Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c)

Date: Nov 7, 2025
Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c) Introduction In Stop Portland Waste Incinerator v Secretary of State for Housing,...
“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required

“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required

Date: Nov 7, 2025
“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required Case: Secretary of State (Entry Clearance...
RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations

RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations

Date: Nov 7, 2025
RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations Introduction This...
MS Amlin Marine NV v King Trader Ltd [2025] EWCA Civ 1387: Court of Appeal redefines the “red hand” rule as the “onerous clause doctrine” and confirms the compatibility and efficacy of pay‑first clauses in marine liability insurance

MS Amlin Marine NV v King Trader Ltd [2025] EWCA Civ 1387: Court of Appeal redefines the “red hand” rule as the “onerous clause doctrine” and confirms the compatibility and efficacy of pay‑first clauses in marine liability insurance

Date: Nov 7, 2025
MS Amlin Marine NV v King Trader Ltd [2025] EWCA Civ 1387: Court of Appeal redefines the “red hand” rule as the “onerous clause doctrine” and confirms the compatibility and efficacy of pay‑first...
Foreign Assistors Cannot Rely on the Babanaft Proviso to Escape Civil Liability: Unlawful Means Conspiracy for Aiding Breach of English Freezing Orders

Foreign Assistors Cannot Rely on the Babanaft Proviso to Escape Civil Liability: Unlawful Means Conspiracy for Aiding Breach of English Freezing Orders

Date: Nov 7, 2025
Foreign Assistors Cannot Rely on the Babanaft Proviso to Escape Civil Liability: Unlawful Means Conspiracy for Aiding Breach of English Freezing Orders Case: Lakatamia Shipping Co Ltd v Su & Ors...
No “Permanence” Requirement and Mediation-Delay Counts: The Court of Appeal Recasts the Article 12(2) Settlement Defence

No “Permanence” Requirement and Mediation-Delay Counts: The Court of Appeal Recasts the Article 12(2) Settlement Defence

Date: Nov 7, 2025
No “Permanence” Requirement and Mediation-Delay Counts: The Court of Appeal Recasts the Article 12(2) Settlement Defence Introduction This Court of Appeal decision in B (Child Abduction: Settlement)...
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