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

Permissible Contradiction, Not Impermissible Impeachment: Section 3 of the Criminal Law Procedure Act 1865 Allows the Prosecution to Call Later Evidence Contradicting Its Own Witness Where the Purpose and Effect Are to Prove Facts in Issue

Date: Dec 23, 2025

Permissible Contradiction, Not Imperissible Impeachment: Section 3 of the Criminal Law Procedure Act 1865 Allows the Prosecution to Call Later Evidence Contradicting Its Own Witness Where the Purpose...

De Minimis Does Not Bar Leave Where an Arguable Procedural Defect Is Shown in Vehicle-Clamping Judicial Review

Date: Dec 23, 2025

De Minimis Does Not Bar Leave Where an Arguable Procedural Defect Is Shown in Vehicle-Clamping Judicial Review Case: Joyce v National Transport Authority (Approved) Citation: [2025] IECA 290 Court:...

McEvoy v Dublin City Council (Rev1) — Cumulative Inactivity Can Justify Strike-Out Despite a Recent “Proceeding” Under O.122 r.11

Date: Dec 23, 2025

McEvoy v Dublin City Council (Rev1) — Cumulative Inactivity Can Justify Strike-Out Despite a Recent “Proceeding” Under O.122 r.11 1) Introduction McEvoy v-Dublin City Council (Rev1) [2025] IEHC 745...

Mortgagee’s Duties in Portfolio Sales and Proof of Loss: Commentary on Shortt v Bank of Ireland (UK) PLC [2025] NICA 65

Date: Dec 22, 2025

Mortgagee’s Duties in Portfolio Sales and the Centrality of Proving Loss: Commentary on Shortt v Bank of Ireland (UK) PLC [2025] NICA 65 1. Introduction Shortt v Bank of Ireland (UK) PLC [2025] NICA...

Substance over Form in POCA Committals and Assessment of Benefit in Planning Enforcement Sentencing: Commentary on R v Salem & Robinson‑Dadoun [2025] EWCA Crim 1602

Date: Dec 22, 2025

Substance over Form in POCA Committals and Assessment of Benefit in Planning Enforcement Sentencing: Commentary on R v Salem & Robinson‑Dadoun [2025] EWCA Crim 1602 1. Introduction This commentary...

Coates v R [2025] EWCA Crim 1676: Sentencing for Criminal Damage Following Civil Contempt

Date: Dec 22, 2025

Coates v R [2025] EWCA Crim 1676: Sentencing for Criminal Damage Following Civil Contempt – Avoiding Double Punishment while Preserving Deterrence 1. Introduction The decision in Coates v R [2025]...

Defining the “Transaction” and Tightening the s.238 Defence: Commentary on TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669

Date: Dec 22, 2025

Defining the “Transaction” and Tightening the s.238 Defence: Commentary on TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669 1. Introduction This Court of Appeal...

Motorola v Hytera [2025] EWCA Civ 1667: Total Bar on Enforcement of Foreign Multiple-Damages Judgments and CPR 40.8A as the Primary Route for Post‑Judgment Relief after Foreign Appeals

Date: Dec 22, 2025

Motorola v Hytera [2025] EWCA Civ 1667: Total Bar on Enforcement of Foreign Multiple-Damages Judgments and CPR 40.8A as the Primary Route for Post‑Judgment Relief after Foreign Appeals 1....

Kone v Secretary of State: Paragraph 297(i)(f) Applies Where One Parent Is Settled Even If the Other Has Limited Leave, and “Exclusion” Is a Normative Test

Date: Dec 22, 2025

Kone v Secretary of State for the Home Department [2025] EWCA Civ 1653: Paragraph 297(i)(f) Applies Where One Parent Is Settled Even If the Other Has Limited Leave, and “Exclusion” Is a Normative...

Economic Necessity, Re‑Trafficking Risk and the Refugee Convention Nexus: Commentary on EAV & GMP v Secretary of State for the Home Department [2025] EWCA Civ 1677

Date: Dec 22, 2025

Economic Necessity, Re‑Trafficking Risk and the Refugee Convention Nexus: Commentary on EAV & GMP v Secretary of State for the Home Department [2025] EWCA Civ 1677 1. Introduction This Court of...

Coulthard v Secretary of State: Exceptional Public Interest, Criminal Offences and the Limits of Section 31(2B) SCA 1981

Date: Dec 22, 2025

Exceptional Public Interest and Offence‑Creating Secondary Legislation: Coulthard & Anor v Secretary of State and the Limits of Section 31(2B) Senior Courts Act 1981 1. Introduction This Court of...

Correcting a Warrant-Specific Limitation Error Does Not Create Issue Estoppel in Successive EAW Proceedings

Date: Dec 20, 2025

Correcting a Warrant-Specific Limitation Error Does Not Create Issue Estoppel in Successive EAW Proceedings Case: Minister For Justice v Cup (Approved) [2025] IEHC 753 (High Court, McGrath J, 19...

Correspondence for Breach of Interim Risk of Sexual Harm Orders and Article 8 Disproportionality After Prolonged Delay in TCA Warrant Surrender

Date: Dec 20, 2025

Correspondence for Breach of Interim Risk of Sexual Harm Orders and Article 8 Disproportionality After Prolonged Delay in TCA Warrant Surrender 1) Introduction In Minister For Justice v Lomas [2025]...

Judicial Review Is Not a Standalone Route to Obtain CCTV/Disclosure: Alternative Statutory Remedies and Inquest-Fairness as the Proper Public Law Focus

Date: Dec 20, 2025

Judicial Review Is Not a Standalone Route to Obtain CCTV/Disclosure: Alternative Statutary Remedies and Inquest-Fairness as the Proper Public Law Focus 1. Introduction Redic v Commissioner of An...

Public-Interest Departure from the Default Costs Rule in Seanad Election Petitions

Date: Dec 20, 2025

Public-Interest Departure from the Default Costs Rule in Seanad Election Petitions Introduction Feeney v Groves and Ors [No. 2] (Approved) [2025] IEHC 770 is an ex tempore decision of the High Court...

McNamara, R. v — Sentencing for SHPO Breach: Underlying Sexual Exploitation, Assessed Risk and Sustained Contact Can Properly Place a Single-Date Breach in Category 1A

Date: Dec 20, 2025

Sentencing for SHPO Breach: Underlying Sexual Exploitation, Assessed Risk and Sustained Contact Can Properly Place a Single-Date Breach in Category 1A 1. Introduction McNamara, R. v ([2025] EWCA Crim...

Fugitives Cannot Leverage Their Flight to Obtain Eight-Year Extensions of Time: Renewed Leave to Appeal Refused in R. v Gifford & Anor

Date: Dec 20, 2025

Fugitives Cannot Leverage Their Flight to Obtain Eight-Year Extensions of Time: Renewed Leave to Appeal Refused in R. v Gifford & Anor [2025] EWCA Crim 1748 1. Introduction R. v Gifford & Anor...

Testamentary Capacity with Fluctuating Vascular Dementia: When Detailed Solicitor Attendances Can Sustain Probate Despite Retrospective Medical Doubts

Date: Dec 20, 2025

Testamentary Capacity with Fluctuating Vascular Dementia: When Detailed Solicitor Attendances Can Sustain Probate Despite Retrospective Medical Doubts 1) Introduction In Re: The Estate of Teresa...

“Assess” vs “Take Account”: When IPAT Must Demonstrably Engage with an Appellant’s Case (and When a General Consideration Statement Suffices)

Date: Dec 20, 2025

“Assess” vs “Take Account”: When IPAT Must Demonstrably Engage with an Appellant’s Case (and When a General Consideration Statement Suffices) 1. Introduction S.G. (Albania) sought judicial review of...

Jury Access to ABE Evidence-in-Chief in Retirement: Fundamental Irregularity Requiring Retrial and a Restrained Approach to Post‑Verdict Jury Inquiry

Date: Dec 20, 2025

Jury Access to ABE Evidence-in-Chief in Retirement: Fundamental Irregularity Requiring Retrial and a Restrained Approach to Post‑Verdict Jury Inquiry 1. Introduction In JEH, R. v [2025] EWCA Crim...