Commentaries

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

Feeney v Groves [2025] IEHC 633: Clarifying the Threshold for Seanad Recounts under Rule 14(2) of the 1947 Act

Date: Oct 23, 2025

Feeney v Groves [2025] IEHC 633: Clarifying the Threshold for Seanad Recounts under Rule 14(2) of the 1947 Act 1. Introduction This High Court judgment by O’Higgins J in Angela Feeney v Groves & Ors...

High Court clarifies that individuals cannot mount freestanding transposition challenges; a three‑step standing test under s.87(10) EPA Act and the limits of actio popularis in environmental judicial review

Date: Oct 22, 2025

High Court clarifies that individuals cannot mount freestanding transposition challenges; a three‑step standing test under s.87(10) EPA Act and the limits of actio popularis in environmental judicial...

Old Plan Policies Survive during s.31 Draft Direction where they 'Correspond' to the New Plan; Court Sets Six-Factor Test for Declaratory Relief and Reaffirms Harmless-Error Discretion in Renewable Energy Consents

Date: Oct 22, 2025

Old Plan Policies Survive during s.31 Draft Direction where they 'Correspond' to the New Plan; Court Sets Six-Factor Test for Declaratory Relief and Reaffirms Harmless-Error Discretion in Renewable...

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490

Date: Oct 22, 2025

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490 Introduction In O’Dwyer v The Revenue...

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data

Date: Oct 22, 2025

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data Introduction In McNamara [Deceased] v The Revenue...

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders

Date: Oct 22, 2025

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders Introduction This commentary examines the England and Wales Court of...

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts

Date: Oct 22, 2025

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts Introduction This...

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying

Date: Oct 22, 2025

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying Case: Bencik & Anor v Hilltop...

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified in SAG v Governing Body of Winchmore School [2025] EWCA Civ 1335

Date: Oct 22, 2025

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified Case: SAG, R (On the...

Onuzi v SSHD: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to naturalisation

Date: Oct 22, 2025

Onuzi v Secretary of State for the Home Department [2025] EWCA Civ 1337: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to...

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme

Date: Oct 22, 2025

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme...

JK [2025] EWCA Civ 1309 — Local authorities may use the parens patriae jurisdiction to secure a British child’s return from a non‑Contracting State notwithstanding an intention to issue care proceedings (Re M “sufficiently compelling” test affirmed; FLA 1986 largely irrelevant)

Date: Oct 22, 2025

JK [2025] EWCA Civ 1309: Local authorities can secure a British child’s return under the inherent jurisdiction even where care proceedings are intended; Family Law Act 1986 largely irrelevant to...

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO

Date: Oct 22, 2025

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO Introduction This commentary examines the Court of Appeal’s judgment in...

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items

Date: Oct 22, 2025

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items Introduction This Court of Appeal decision...

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel

Date: Oct 22, 2025

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel...

Ammori v SSHD: Deproscription/POAC is not an alternative to judicial review of an initial proscription; and respondents must meet CPR 52.8’s seven‑day limit when seeking permission to appeal refused JR grounds

Date: Oct 22, 2025

New Principle: Initial Proscription Orders Are Directly Reviewable in the Administrative Court; Deproscription/POAC is not an available or adequate alternative remedy. CPR 52.8’s seven‑day time limit...

Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8

Date: Oct 22, 2025

Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8 Introduction This High Court decision in...

R v Mardan [2025] EWCA Crim 1469 – Flexible Application of Criminal Practice Direction 26M in Low‑Grade Jury Intimidation

Date: Oct 22, 2025

R v Mardan [2025] EWCA Crim 1469 – Flexible Application of Criminal Practice Direction 26M in Low‑Grade Jury Intimidation 1. Introduction The decision in R v Mardan [2025] EWCA Crim 1469 concerns a...

Name Change Is Not a Transfer: Standing of a Renamed Registered Mortgagee to Seek Possession under s.62(7) RTA 1964 — Commentary on Pepper Finance Corporation (Ireland) DAC v Moynihan & Halpin [2025] IEHC 577

Date: Oct 22, 2025

Name Change Is Not a Transfer: Standing of a Renamed Registered Mortgagee to Seek Possession under s.62(7) of the Registration of Title Act 1964 Introduction This commentary examines the High Court...

Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be Strictly Scrutinised

Date: Oct 22, 2025

Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be...

Previous Next