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

Balancing Procedural Compliance and Access to Justice: Clarifying the “Interests of Justice” Test for Extension of Time under Order 27 Rule 9

Date: Apr 2, 2025

Balancing Procedural Compliance and Access to Justice: Clarifying the “Interests of Justice” Test for Extension of Time under Order 27 Rule 9 Introduction The High Court’s decision in Nowak v Courts...

Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441

Date: Apr 2, 2025

Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441 Introduction R v Butkus ([2025] EWCA Crim 441) concerns the appeal by Mr Vidmantas Butkus, a...

Forgery of Bank Sanction Letter Nullifies Enforcement Rights: Interlocutory Restraint on Sale Pending Trial

Date: Apr 2, 2025

Forgery of Bank Sanction Letter Nullifies Enforcement Rights: Interlocutory Restraint on Sale Pending Trial Introduction This commentary examines the High Court of Ireland’s decision in McGuinness v...

Delayed-Onset Injury Causation in Workplace Rescuer Liability: Keane v Johnson & Johnson Vision Care

Date: Apr 2, 2025

Delayed-Onset Injury Causation in Workplace Rescuer Liability: Keane v Johnson & Johnson Vision Care Introduction This commentary examines the High Court of Ireland’s decision in Keane v Johnson &...

Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R

Date: Apr 2, 2025

Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R Introduction Miah, R. v ([2025] EWCA Crim 465) is a Court of Appeal (Criminal Division) decision handed down...

Simultaneous Trials for Overlapping Defamation Claims: Consolidation to Avoid Duplication and Inconsistency

Date: Apr 2, 2025

Simultaneous Trials for Overlapping Defamation Claims: Consolidation to Avoid Duplication and Inconsistency Introduction This commentary examines the High Court’s decision in Tracey –v-Irish Times...

Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals: R v Grace [2025] EWCA Crim 580

Date: Apr 2, 2025

Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals Introduction R v Grace [2025] EWCA Crim 580 is a landmark Court of Appeal decision dealing with two...

McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988

Date: Apr 2, 2025

McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988 Introduction This appeal arises from an application by His Majesty’s Solicitor General under section 36 of the Criminal...

Clarifying Costs Discretion and Judicial Jurisdiction: Corcoran v Eassda Group Ltd & Ors [2025] IEHC 359

Date: Apr 2, 2025

Clarifying Costs Discretion and Judicial Jurisdiction under Irish Law Commentary on Corcoran v Eassda Group Ltd & Ors & connected actions [2025] IEHC 359 Introduction The High Court decision of Mr...

Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd

Date: Apr 1, 2025

Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd Introduction The case of Davies v BMW (UK) Manufacturing Ltd ([2025]...

New Precedent: The Imperative of Timely Judicial Review in Planning and Environmental Decisions

Date: Apr 1, 2025

New Precedent: The Imperative of Timely Judicial Review in Planning and Environmental Decisions Introduction The case of Foran v An Bord Pleanala & Ors ([2025] IEHC 175) marks a significant...

Equal Division Prevails in Matrimonial Property Amid Special Circumstances: A Commentary on Hodge v Hodge/Currie [2025] CSOH 31

Date: Mar 31, 2025

Equal Division Prevails in Matrimonial Property Amid Special Circumstances: A Commentary on Hodge v Hodge/Currie [2025] CSOH 31 Introduction The Judgment in Ian George Johnstone Hodge against Rachel...

Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying

Date: Mar 31, 2025

Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying Introduction The case of Seerangan v Secretary of State for the Home Department ([2025] EWCA...

Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes

Date: Mar 31, 2025

Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes Introduction The case of Merck KGaA v Merck Sharp & Dohme LLC & Anor ([2025] EWCA Civ 343) represents a...

Clarifying the Limits of “Pending Appeal” in Deportation Orders

Date: Mar 31, 2025

Clarifying the Limits of “Pending Appeal” in Deportation Orders Introduction The case of Geddes, R (On the Application Of) v Secretary of State for the Home Department ([2025] EWCA Civ 353) presents...

New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases

Date: Mar 31, 2025

New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases Introduction The present judgment, delivered on March 28, 2025, by the England and Wales Court of...

Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355)

Date: Mar 31, 2025

Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355) Introduction The judgment in Arshad v Secretary of...

Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT

Date: Mar 29, 2025

Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT Introduction This commentary examines the High Court of Ireland’s...

No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015

Date: Mar 29, 2025

No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015 Introduction This commentary examines the High Court’s decision in GT v International Protection Appeals Tribunal...

Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals

Date: Mar 29, 2025

Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals Introduction In Y.X. v The International Protection Appeals Tribunal & Anor ([2025]...