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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

Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases

Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases

Date: May 14, 2025
Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases Introduction In Ahmed & Ors, R v ([2025] EWCA Crim 732)...
Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction

Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction

Date: May 14, 2025
Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction Introduction Tweedswood Ltd & anor v Power (Approved) [2025] IESC 18 is a Supreme Court of...
Interlocutory Injunctions: Duty to Expedite Proceedings and Appellate Oversight

Interlocutory Injunctions: Duty to Expedite Proceedings and Appellate Oversight

Date: May 14, 2025
Interlocutory Injunctions: Duty to Expedite Proceedings and Appellate Oversight Introduction Tweedswood Ltd & anor v Power [2025] IESC 18 is a landmark Supreme Court of Ireland decision that...
Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge

Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge

Date: May 14, 2025
Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge Introduction Bibi, R (On the Application Of) v Secretary of State for the...
EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements

EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements

Date: May 13, 2025
EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements Introduction The Court of Appeal in Northern Ireland handed down its...
Immediate Costs Awards under Order 99, Rule 2(5): Clarifying Cost Payments in Jurisdiction and Discovery Motions

Immediate Costs Awards under Order 99, Rule 2(5): Clarifying Cost Payments in Jurisdiction and Discovery Motions

Date: May 13, 2025
Immediate Costs Awards under Order 99, Rule 2(5): Clarifying Cost Payments in Jurisdiction and Discovery Motions Introduction This commentary examines the High Court’s costs ruling in Yasar v CCC...
“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19

“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19

Date: May 13, 2025
“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19 1. Introduction The...
Clarifying Harm Categories for Low-Level Child Sexual Activity: BZG & Anor [2025] EWCA Crim 598

Clarifying Harm Categories for Low-Level Child Sexual Activity: BZG & Anor [2025] EWCA Crim 598

Date: May 10, 2025
Clarifying Harm Categories for Low-Level Child Sexual Activity Introduction The appeal in R v BZG & ARY [2025] EWCA Crim 598 arises from an Attorney General referral under section 36 of the Criminal...
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Date: May 10, 2025
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements Introduction This commentary examines the Inner House decision in CD v ND ([2025] CSIH 12), delivered...
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Date: May 10, 2025
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors Introduction Lorenz v Caruana & Ors ([2025] EWCA Civ 606) is a Court of Appeal decision concerning the viability of a claim...
Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Date: May 10, 2025
Self-Protective Carrying as “Weapon Availability”: New Principle under Schedule 21 1. Introduction Ogonowska v R ([2025] EWCA Crim 604) is a Court of Appeal (Criminal Division) decision handed down...
Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act

Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act

Date: May 10, 2025
Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act Introduction Kelleher v Irish Prison Service & Ors [2025] IEHC 253 is a High Court...
Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997

Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997

Date: May 10, 2025
Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997 Introduction Revenue Commissioners v Getty Images International ULC ([2025] IEHC 268) is...
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Date: May 10, 2025
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC Introduction The Court of Appeal’s decision in Beach v South Hams District Council ([2025]...
Validation of Substituted Service via Social Media in Irish Family Law

Validation of Substituted Service via Social Media in Irish Family Law

Date: May 10, 2025
Validation of Substituted Service via Social Media in Irish Family Law 1. Introduction In S S & Ors v A Tax Appeal Commissioner (Approved) [2025] IECA 96 (commonly referred to as J v H in the High...
Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence

Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence

Date: May 10, 2025
Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence Introduction Aziz v R ([2025] EWCA Crim 605) is a landmark Court of Appeal decision concerning the...
Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges

Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges

Date: May 10, 2025
Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges Introduction In Praesidiad Holding BVBA & Anor v Zaun Ltd [2025] EWCA Civ 591, the England...
Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test

Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test

Date: May 10, 2025
Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test Introduction This commentary examines the England and Wales Court of Appeal decision in Tesco...
Inherent Jurisdiction Anonymity Orders as Remedy for Aged-Out Child Defendants

Inherent Jurisdiction Anonymity Orders as Remedy for Aged-Out Child Defendants

Date: May 10, 2025
Inherent Jurisdiction Anonymity Orders as Remedy for Aged-Out Child Defendants Introduction This commentary examines the Supreme Court of Ireland decision in Doe (No. 1), Doe (No. 2) and Doe (No. 3)...
Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546

Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546

Date: May 10, 2025
Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546 Introduction Earp v R ([2025] EWCA Crim 546) is a decision of the England & Wales Court of Appeal...
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