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

New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences

Date: Feb 26, 2025

New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences Introduction The judgment in BVQ, R. v ([2025] EWCA Crim 270), delivered by the England and Wales Court of...

New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences

Date: Feb 25, 2025

New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences Introduction The case of McGinley, R. v ([2025] NICA 11) before the Court of Appeal in Northern...

Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland

Date: Feb 25, 2025

Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland Introduction The case of Haughey, R. v ([2025] NICA 10) marks a significant development in...

Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases

Date: Feb 25, 2025

Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases Introduction The Judgment in the case of Appeal against Conviction by Peter McGuiness against HMA ([2025]...

Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law

Date: Feb 25, 2025

Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law Introduction The case of Andrew Marr International Limited against Mackinnons...

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Date: Feb 24, 2025

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989 Introduction This commentary examines the Court of Appeal’s decision in M (Care Order: Risk: Family...

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Date: Feb 24, 2025

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments Introduction In Liberty Mutual Insurance Europe SE & Ors v Bath Racecourse Company Ltd &...

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Date: Feb 24, 2025

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation Introduction This commentary examines the Court of Appeal decision in Clarke v Guardian News &...

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Date: Feb 22, 2025

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate Introduction This commentary offers an in-depth analysis of a comprehensive judgment concerning the exercise...

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Date: Feb 22, 2025

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing Introduction The judgment in Boltaev, R. v ([2025] EWCA Crim 207) represents a significant development in the...

Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Date: Feb 22, 2025

Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child 1. Introduction The Judgment in M.C.A. v...

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Date: Feb 22, 2025

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C Introduction The case of Tudor, R. v ([2025] EWCA Crim 225) presents a...

Judicial Restraint After a Remedial Order: No “Levelling Up” Beyond Parliament’s Chosen Retrospective Date for Bereavement Benefits

Date: Feb 22, 2025

Judicial Restraint After a Remedial Order: No “Levelling Up” Beyond Parliament’s Chosen Retrospective Date for Bereavement Benefits 1. Introduction AD & Anor v Department for Communities [2025] NICA...

Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Date: Feb 22, 2025

Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases Introduction The Judgment in Minister for Justice v Curtin (Approved) ([2025] IEHC 145) delivered by Mr....

Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Date: Feb 22, 2025

Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders Introduction The case of Board of Management of Wilson's Hospital School v Burke [No.3] ([2025] IEHC 104)...

New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

Date: Feb 22, 2025

New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards Introduction The judgment in GTLK Europe Designated Activity Company [In Liquidation] v...

Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review

Date: Feb 22, 2025

Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review Introduction The judgment in Thiebault Enterprise Ltd & Anor v County Registrar for Galway...

Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator

Date: Feb 22, 2025

Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator Introduction King v Darryl Haughey ([2025] NICA 10) is a landmark Court of Appeal decision addressing...

Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases

Date: Feb 21, 2025

Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases Introduction The case of Buckley v Linehan ([2025] IEHC 101) delivered by Ms. Justice Emily Egan in the...

Judicial Finality and the Limits of Inherent Jurisdiction: Reaffirming the Principle of Finality in High Court Judgments

Date: Feb 21, 2025

Judicial Finality and the Limits of Inherent Jurisdiction: Reaffirming the Principle of Finality in High Court Judgments Introduction The case of Pepper Finance Corporation [Ireland] Designated...