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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

Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker

Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker

Date: Oct 25, 2025
Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker Case: Y.A.M v International Protection Appeals Tribunal & Ors [2025] IEHC 596...
Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception (F.A.A. v Minister for Justice [2025] IEHC 614)

Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception (F.A.A. v Minister for Justice [2025] IEHC 614)

Date: Oct 25, 2025
Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception Case Note on F.A.A. v Minister for Justice [2025] IEHC 614 (High Court of Ireland, 24...
Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability (Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ 1340)

Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability (Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ 1340)

Date: Oct 24, 2025
Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability Case: Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ...
IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders

IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders

Date: Oct 24, 2025
IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders Case: H, Re (Final Care Orders at...
No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 — Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347

No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 — Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347

Date: Oct 24, 2025
No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 Commentary on Bellway Homes...
Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed

Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed

Date: Oct 24, 2025
Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed Introduction In Babek International Ltd v Iceland...
Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v IPAT & Minister [2025] IEHC 578

Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v IPAT & Minister [2025] IEHC 578

Date: Oct 24, 2025
Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v International Protection Appeals Tribunal & Minister...

        AR v Minister for Justice [2025] IEHC 552:
        Limiting Luximon and Confirming Deferred Assessment of Private‑Life Rights
        for Unlawfully Present Migrants

AR v Minister for Justice [2025] IEHC 552: Limiting Luximon and Confirming Deferred Assessment of Private‑Life Rights for Unlawfully Present Migrants

Date: Oct 24, 2025
AR v Minister for Justice [2025] IEHC 552: Limiting Luximon and Confirming Deferred Assessment of Private‑Life Rights for Unlawfully Present Migrants 1. Introduction This High Court judgment of...
R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence

R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence

Date: Oct 24, 2025
R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence Court: England and...
R v Demiraj [2025] EWCA Crim 1468: The Jury’s Role, “Truth”, and Hearsay-Based Convictions

R v Demiraj [2025] EWCA Crim 1468: The Jury’s Role, “Truth”, and Hearsay-Based Convictions

Date: Oct 24, 2025
R v Demiraj [2025] EWCA Crim 1468: The Jury’s Role, “Truth”, and Hearsay-Based Convictions 1. Introduction R v Demiraj [2025] EWCA Crim 1468 is an important Court of Appeal (Criminal Division)...
Abduction in Sexual Assault Sentencing and the Near‑Mandatory Use of Pre‑Sentence Reports in Dangerousness Assessments: Commentary on R v Thompson [2025] EWCA Crim 1462

Abduction in Sexual Assault Sentencing and the Near‑Mandatory Use of Pre‑Sentence Reports in Dangerousness Assessments: Commentary on R v Thompson [2025] EWCA Crim 1462

Date: Oct 24, 2025
Abduction in Sexual Assault Sentencing and the Near‑Mandatory Use of Pre‑Sentence Reports in Dangerousness Assessments: Commentary on R v Thompson [2025] EWCA Crim 1462 1. Introduction The decision...

      Reflecting Multiple Child Victims and Future Risk in Sexual Sentencing:
      Commentary on R v Ellis [2025] EWCA Crim 1498

Reflecting Multiple Child Victims and Future Risk in Sexual Sentencing: Commentary on R v Ellis [2025] EWCA Crim 1498

Date: Oct 24, 2025
Reflecting Multiple Child Victims and Future Risk in Sexual Sentencing: Commentary on R v Ellis [2025] EWCA Crim 1498 1. Introduction This commentary examines the decision of the Court of Appeal...
Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision

Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision

Date: Oct 24, 2025
Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision Introduction This...
Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator

Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator

Date: Oct 23, 2025
Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator Court: Appeal Court, High Court of Justiciary (Scotland)...
Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46

Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46

Date: Oct 23, 2025
Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46 Introduction In TH v His Majesty’s Advocate [2025] HCJAC 46,...
The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency”

The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency”

Date: Oct 23, 2025
The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency” Case: Process & Industrial Developments Ltd v The Federal...
Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions

Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions

Date: Oct 23, 2025
Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions Introduction This Supreme Court...
R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside Extended Sentences

R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside Extended Sentences

Date: Oct 23, 2025
R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside...
New Latitude in AIE Statutory Appeals and the “Moldova Effect” on AIE Fees: High Court Refers Post‑MOP Question to the CJEU

New Latitude in AIE Statutory Appeals and the “Moldova Effect” on AIE Fees: High Court Refers Post‑MOP Question to the CJEU

Date: Oct 23, 2025
New Latitude in AIE Statutory Appeals and the “Moldova Effect” on AIE Fees: High Court Refers Post‑MOP Question to the CJEU Introduction This commentary examines the High Court of Ireland’s decision...
Post‑Kirwan Strike-Out and Five‑Year Inactivity: High Court consolidates Order 19 (2023) powers to dismiss dormant mortgage litigation and vacate lis pendens

Post‑Kirwan Strike-Out and Five‑Year Inactivity: High Court consolidates Order 19 (2023) powers to dismiss dormant mortgage litigation and vacate lis pendens

Date: Oct 23, 2025
Post‑Kirwan Strike-Out and Five‑Year Inactivity: High Court consolidates Order 19 (2023) powers to dismiss dormant mortgage litigation and vacate lis pendens Introduction In Cullen v Start Mortgages...
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