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

New Precedent on Residual Discretion and Feasibility in Capacity Auctions

Date: Mar 26, 2025

New Precedent on Residual Discretion and Feasibility in Capacity Auctions Introduction This commentary examines the recent judgment in the twin actions, Kilshane Energy Ltd v EirGrid PLC & Others and...

Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard

Date: Mar 25, 2025

Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard Introduction This commentary examines the Court of Appeal’s judgment in Expert Tooling And Automation Ltd v...

Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing

Date: Mar 25, 2025

Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing Introduction The case before the Scottish High Court of Justiciary, "Appeal against Sentence by RH against HMA ([2025]...

Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings

Date: Mar 25, 2025

Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings Introduction The judgment in Iain Urquhart v Stellantis Auto SAS and others by the Scottish Court of...

Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent

Date: Mar 25, 2025

Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent Introduction The case of Revenue and Customs v Innovative Bites Ltd ([2025] EWCA Civ 293)...

Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes

Date: Mar 25, 2025

Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes Introduction The case of F4 v Secretary of State for the Home Department ([2025]...

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Date: Mar 25, 2025

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment Introduction This commentary examines the High Court decision in Leech & Anor v An...

Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436

Date: Mar 22, 2025

Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436 Introduction R v Stead [2025] EWCA...

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Date: Mar 22, 2025

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law Introduction The case of Thompson & Anor v An Bord Pleanala & Ors [No.4]...

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Date: Mar 22, 2025

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates Introduction In NUA Healthcare Services Ltd v Commissioner for Valuation; Redwood Extended Care Facility v Commissioner for...

R v Betteridge [2025] EWCA Crim 394 — Body-worn video evidence: limiting prejudice where “lies and demeanour” are relied upon

Date: Mar 22, 2025

R v Betteridge [2025] EWCA Crim 394 — Body-worn video evidence: limiting prejudice where “lies and demeanour” are relied upon 1) Introduction In R v Betteridge [2025] EWCA Crim 394, the Court of...

Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11

Date: Mar 21, 2025

Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11 Introduction The Court of Appeal’s decision in South East Water Ltd v Elster Water Metering Ltd [2025] EWCA Civ 287...

Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest

Date: Mar 21, 2025

Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest Introduction The judgment in Sweetman v Environmental Protection Agency & Ors...

Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law

Date: Mar 21, 2025

Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law Introduction In the case of Protect East Meath Ltd v Meath County Council (Approved) [2025] IEHC...

New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance

Date: Mar 21, 2025

New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance Introduction The case of L v Teaching Council (Approved) [2025] IEHC 155 before the High...

New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies

Date: Mar 21, 2025

New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies Introduction The judgment in the case of GT v Minister for Justice & Anor [No.2]...

Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings

Date: Mar 21, 2025

Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings Introduction The judgment in Ambasaid Ltd & Anor v MBCC Foods [Ireland] (Approved) ([2025] IEHC 152)...

Holistic Assessment in Internal Relocation: A New Approach to Evaluating Asylum Claims

Date: Mar 21, 2025

Holistic Assessment in Internal Relocation: A New Approach to Evaluating Asylum Claims Introduction The case of ASJ (Somalia) v Secretary of State for the Home Department [2025] EWCA Civ 282...

Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits

Date: Mar 21, 2025

Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits 1. Introduction In Rukhadze & Ors v Recovery Partners GP Ltd & Anor ([2025] UKSC 10), the United Kingdom...

Divorce as a Status Matter Lies Beyond an EPA’s Reach: High Court mandates Guardian ad Litem for Incapacitated Respondents

Date: Mar 21, 2025

Divorce as a Status Matter Lies Beyond an EPA’s Reach: High Court mandates Guardian ad Litem for Incapacitated Respondents Introduction In T OS v C OS [2025] IEHC 538, the High Court (Jackson J.)...