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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

Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 – Commentary on KW v Mental Health Tribunal [2025] IEHC 685

Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 – Commentary on KW v Mental Health Tribunal [2025] IEHC 685

Date: Dec 11, 2025
Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 1. Introduction This commentary examines the High Court decision of Phelan J....
Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Date: Dec 11, 2025
Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011 1. Introduction In Veale & Ors v Scottish Power...

    Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses:
    Commentary on BWG Foods Unlimited Co v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707

Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Co v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707

Date: Dec 11, 2025
Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Company v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707 1. Introduction This High...

      Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in
      Contempt: Commentary on The Board of Management of Wilson's Hospital School
      v Burke (No. 3) [2025] IEHC 711

Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711

Date: Dec 11, 2025
Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711 1. Introduction...
Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction

Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction

Date: Dec 11, 2025
Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction 1. Introduction This High Court judgment in Alsaleh v Residential Tenancies...
“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008

“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008

Date: Dec 11, 2025
“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008 1. Introduction This judgment of the Court of Appeal...
Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v ALAB [2025] IEHC 670

Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v ALAB [2025] IEHC 670

Date: Dec 11, 2025
Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v The Aquaculture Licences Appeals Board [2025] IEHC 670 1. Introduction This judgment of...
Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700

Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700

Date: Dec 11, 2025
Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700 1....
Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing

Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing

Date: Dec 11, 2025
Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing 1. Introduction This commentary examines...
Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly v McGovern [2025] IEHC 704

Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly v McGovern [2025] IEHC 704

Date: Dec 11, 2025
Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly (Estate of O'Kelly) v McGovern (Estate of McGovern) [2025] IEHC 704 1. Introduction This commentary examines the...
MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review

MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review

Date: Dec 11, 2025
MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review 1. Introduction This commentary examines the High Court...
McDaid v Monaghan County Council: Public Roads, Private Farm Lanes and the Limits of the Presumption of Regularity

McDaid v Monaghan County Council: Public Roads, Private Farm Lanes and the Limits of the Presumption of Regularity

Date: Dec 11, 2025
McDaid v Monaghan County Council: Public Roads, Private Farm Lanes and the Limits of the Presumption of Regularity 1. Introduction 1.1 Background and Parties This case concerns a short but legally...
Discovery of Third‑Party Complaints in Fraud-Based Product Defect Litigation: Commentary on KC Capital Property Group Ltd v Keegan Quarries Ltd [2025] IEHC 677

Discovery of Third‑Party Complaints in Fraud-Based Product Defect Litigation: Commentary on KC Capital Property Group Ltd v Keegan Quarries Ltd [2025] IEHC 677

Date: Dec 11, 2025
Discovery of Third‑Party Complaints in Fraud-Based Product Defect Litigation: Commentary on KC Capital Property Group Ltd v Keegan Quarries Ltd [2025] IEHC 677 1. Introduction This Commercial Court...
Egregious Solicitor Misconduct, the “Special Circumstances” Gateway, and Renewal of a Lapsed Summons: Commentary on Galvin v Sharif & DePuy [2025] IEHC 680

Egregious Solicitor Misconduct, the “Special Circumstances” Gateway, and Renewal of a Lapsed Summons: Commentary on Galvin v Sharif & DePuy [2025] IEHC 680

Date: Dec 11, 2025
Egregious Solicitor Misconduct, the “Special Circumstances” Gateway, and Renewal of a Lapsed Summons: Commentary on Galvin v Sharif & DePuy [2025] IEHC 680 1. Introduction This commentary examines...
Clear Non‑Contest Clauses and Waiver of Judicial Remedies in Cross‑Border Security Enforcement: Commentary on UNIK Bond SA v Catbalogan Holdings SARL [2025] EWCA Civ 1594

Clear Non‑Contest Clauses and Waiver of Judicial Remedies in Cross‑Border Security Enforcement: Commentary on UNIK Bond SA v Catbalogan Holdings SARL [2025] EWCA Civ 1594

Date: Dec 11, 2025
Clear Non‑Contest Clauses and Waiver of Judicial Remedies in Cross‑Border Security Enforcement Commentary on UNIK Bond SA v Catbalogan Holdings SARL [2025] EWCA Civ 1594 1. Introduction 1.1. The core...
The Duty to Co‑Operate and to Await Timely Medical Evidence in Accelerated “Safe Country” Asylum Procedures: Commentary on EL (Georgia) v Chief International Protection Officer [2025] IEHC 690

The Duty to Co‑Operate and to Await Timely Medical Evidence in Accelerated “Safe Country” Asylum Procedures: Commentary on EL (Georgia) v Chief International Protection Officer [2025] IEHC 690

Date: Dec 11, 2025
The Duty to Co‑Operate and to Await Timely Medical Evidence in Accelerated “Safe Country” Asylum Procedures: Commentary on EL (Georgia) v Chief International Protection Officer [2025] IEHC 690 1....
No Service Charge Recovery for Pre‑Existing Structural Defects under Right‑to‑Buy Leases: Tower Hamlets v Brewster & Malting House Leaseholders

No Service Charge Recovery for Pre‑Existing Structural Defects under Right‑to‑Buy Leases: Tower Hamlets v Brewster & Malting House Leaseholders

Date: Dec 11, 2025
No Service Charge Recovery for Pre‑Existing Structural Defects under Right‑to‑Buy Leases Commentary on Mayor and Burgesses of the London Borough of Tower Hamlets v Various Leaseholders of Brewster...
Bhblasted v Meta: Strong Case Threshold, Contractual Primacy and Limits on Interim Relief Against Online Platforms

Bhblasted v Meta: Strong Case Threshold, Contractual Primacy and Limits on Interim Relief Against Online Platforms

Date: Dec 11, 2025
Bhblasted v Meta: Strong Case Threshold, Contractual Primacy and Limits on Interim Relief Against Online Platforms 1. Introduction The High Court of Ireland’s decision in Bhblasted S.R.L. Societa'...
Mather v Rattan: Reasonable Diligence, Reliance and Causation in Deceit

Mather v Rattan: Reasonable Diligence, Reliance and Causation in Deceit

Date: Dec 11, 2025
Mather v Rattan: Reasonable Diligence, Reliance and Causation in Deceit 1. Introduction The Court of Appeal’s decision in Mather v Rattan [2025] EWCA Civ 1596 refines and consolidates several...
Rehabilitation and the “Very Compelling Circumstances” Test under s.117C(6) NIAA: Commentary on Majera v SSHD [2025] EWCA Civ 1597

Rehabilitation and the “Very Compelling Circumstances” Test under s.117C(6) NIAA: Commentary on Majera v SSHD [2025] EWCA Civ 1597

Date: Dec 11, 2025
Rehabilitation and the “Very Compelling Circumstances” Test under s.117C(6) NIAA: Commentary on Majera v Secretary of State for the Home Department [2025] EWCA Civ 1597 1. Introduction This...
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