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  • Commentaries

defining-& Case Commentaries

No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of Sussex Police & CPS v XGY [2025] EWCA Civ 1230

No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of Sussex Police & CPS v XGY [2025] EWCA Civ 1230

Date: Oct 9, 2025
No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of...
Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271

Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271

Date: Oct 9, 2025
Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271 Introduction...
One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data

One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data

Date: Oct 8, 2025
One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data Introduction In InterDigital Inc & Ors, In the Matter Of (Re Optis...
Circumstantial Proof of Lure Type under Angling Bye-Law 635: Production of the Lure Not Required

Circumstantial Proof of Lure Type under Angling Bye-Law 635: Production of the Lure Not Required

Date: Oct 8, 2025
Circumstantial Proof of Lure Type under Angling Bye-Law 635: Production of the Lure Not Required Introduction This commentary examines Inland Fisheries Ireland v Connors [2025] IEHC 530, a High Court...
“Decision” Exists Only on Service: Court of Appeal Holds JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence (Dhandapani v SSHD [2025] EWCA Civ 1244)

“Decision” Exists Only on Service: Court of Appeal Holds JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence (Dhandapani v SSHD [2025] EWCA Civ 1244)

Date: Oct 8, 2025
“Decision” Exists Only on Service: JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence Case: Dhandapani, R (On the Application Of) v Secretary of State for...
Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Date: Oct 8, 2025
Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service...
Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure

Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure

Date: Oct 8, 2025
Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure Introduction In Nevin...
Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527

Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527

Date: Oct 7, 2025
Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527 Court: High Court of Ireland (O’Connor J)...
Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Date: Oct 7, 2025
Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption Hippodrome Casino Ltd v Revenue and Customs [2025] EWCA...
Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process: GTLK Europe DAC (In Liquidation) v JSC “State Transport Leasing Company” [2025] IEHC 524

Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process: GTLK Europe DAC (In Liquidation) v JSC “State Transport Leasing Company” [2025] IEHC 524

Date: Oct 7, 2025
Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process Commentary on GTLK Europe DAC (In Liquidation) v Companies Act...
Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Date: Oct 4, 2025
Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order Introduction This commentary...
Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Date: Oct 4, 2025
Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty Introduction In Orion Shipping and...
Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin applied)

Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin applied)

Date: Oct 4, 2025
Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin...
When a Full Appeal Is Run, a Reduced Appellate Award Does Not Displace “Entire Success” for Costs: Commentary on AB v MW (No. 2) [2025] IEHC 517

When a Full Appeal Is Run, a Reduced Appellate Award Does Not Displace “Entire Success” for Costs: Commentary on AB v MW (No. 2) [2025] IEHC 517

Date: Oct 4, 2025
When a Full Appeal Is Run, a Reduced Appellate Award Does Not Displace “Entire Success” for Costs: Commentary on AB v MW (No. 2) [2025] IEHC 517 Introduction This commentary examines the High Court...
“Special circumstances” as a strict gateway to renewing an unserved summons: S.W. v Health Service Executive [2025] IEHC 526

“Special circumstances” as a strict gateway to renewing an unserved summons: S.W. v Health Service Executive [2025] IEHC 526

Date: Oct 4, 2025
“Special circumstances” as a strict gateway to renewing an unserved summons: S.W. v Health Service Executive [2025] IEHC 526 Introduction In S.W. v Health Service Executive [2025] IEHC 526, the High...
New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50

New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50

Date: Oct 4, 2025
New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50 Case:...
Primitive Access Tracks Are Not “Roads” for EIA Purposes: Definitional Alignment with the EIA Directive and Pleading Discipline in Cummins & Ors v An Coimisiún Pleanála [2025] IEHC 521

Primitive Access Tracks Are Not “Roads” for EIA Purposes: Definitional Alignment with the EIA Directive and Pleading Discipline in Cummins & Ors v An Coimisiún Pleanála [2025] IEHC 521

Date: Oct 4, 2025
Primitive Access Tracks Are Not “Roads” for EIA Purposes: Definitional Alignment with the EIA Directive and Pleading Discipline in Cummins & Ors v An Coimisiún Pleanála [2025] IEHC 521 Introduction...
Civil Service Probation: Primacy of the Appropriate Authority and the “Factually Sustainable Satisfaction” Test – Mosepele v Minister for Justice [2025] IEHC 535

Civil Service Probation: Primacy of the Appropriate Authority and the “Factually Sustainable Satisfaction” Test – Mosepele v Minister for Justice [2025] IEHC 535

Date: Oct 4, 2025
Civil Service Probation: Primacy of the Appropriate Authority and the “Factually Sustainable Satisfaction” Test – Mosepele v Minister for Justice [2025] IEHC 535 Introduction This High Court judgment...
No Extension, No Leave: Formal, Affidavit‑Grounded Extension of Time as a Pre‑condition to Judicial Review; and an Arguable Jurisdictional Defect Where a Summons Omits the District Court Clerk’s Name

No Extension, No Leave: Formal, Affidavit‑Grounded Extension of Time as a Pre‑condition to Judicial Review; and an Arguable Jurisdictional Defect Where a Summons Omits the District Court Clerk’s Name

Date: Oct 4, 2025
No Extension, No Leave: Formal, Affidavit‑Grounded Extension of Time as a Pre‑condition to Judicial Review; and an Arguable Jurisdictional Defect Where a Summons Omits the District Court Clerk’s Name...
No Injunction After the Hammer Falls and Strict Re‑Pleading of Defective Counterclaims: Clarifying s.52 LCLRA and Order 21 Rule 9 in McCarthy v Byrne [2025] IEHC 519

No Injunction After the Hammer Falls and Strict Re‑Pleading of Defective Counterclaims: Clarifying s.52 LCLRA and Order 21 Rule 9 in McCarthy v Byrne [2025] IEHC 519

Date: Oct 3, 2025
No Injunction After the Hammer Falls and Strict Re‑Pleading of Defective Counterclaims: Clarifying s.52 LCLRA and Order 21 Rule 9 in McCarthy v Byrne [2025] IEHC 519 Introduction This High Court...
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