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  • Commentaries

defining-& Case Commentaries

Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2]

Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2]

Date: Jun 9, 2025
Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2] Introduction McShane v Data Protection Commissioner [No. 2] ([2025] IEHC 314)...
Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing

Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing

Date: Jun 7, 2025
Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing Introduction In Barrett, R. v ([2025] EWCA Crim 840) the Court of...
Contextual “Weapon-Accumulation” Bad Character Is Admissible to Rebut Self‑Defence; Circumstantial Joint‑Enterprise Evidence Meets the “Case to Answer” Threshold

Contextual “Weapon-Accumulation” Bad Character Is Admissible to Rebut Self‑Defence; Circumstantial Joint‑Enterprise Evidence Meets the “Case to Answer” Threshold

Date: Jun 7, 2025
Contextual “Weapon-Accumulation” Bad Character Is Admissible to Rebut Self‑Defence; Circumstantial Joint‑Enterprise Evidence Meets the “Case to Answer” Threshold Introduction This commentary examines...
R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed

R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed

Date: Jun 7, 2025
R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed Introduction The Court of Appeal’s decision in Raja & Anor, R. v ([2025] EWCA Crim 948)...
Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy

Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy

Date: Jun 6, 2025
Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy Introduction On 5 June 2025 Mr Justice...
Povall v R – “Not Every Interjection is Intervention”:  The Refined Threshold for Quashing Convictions on the Ground of Judicial Questioning

Povall v R – “Not Every Interjection is Intervention”: The Refined Threshold for Quashing Convictions on the Ground of Judicial Questioning

Date: Jun 6, 2025
“Not Every Interjection is Intervention” – Povall, R. v ([2025] EWCA Crim 802) and the Refined Threshold for Quashing Convictions Owing to Judicial Questioning 1. Introduction In Povall, R. v ([2025]...
Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences

Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences

Date: Jun 6, 2025
Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences Introduction On 5 June 2025 the Court of Appeal (Criminal Division) delivered its judgment in...
“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges

“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges

Date: Jun 6, 2025
“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges 1. Introduction In Roach, R. v ([2025] EWCA Crim 786) the Court of Appeal (Criminal Division)...

        R v Legg [2025] EWCA Crim 820 – The Court of Appeal Clarifies the
        Threshold for Appellate Interference with a Trial Judge’s Assessment
        of Psychological Harm under the Sexual Offences Guidelines

R v Legg [2025] EWCA Crim 820 – The Court of Appeal Clarifies the Threshold for Appellate Interference with a Trial Judge’s Assessment of Psychological Harm under the Sexual Offences Guidelines

Date: Jun 6, 2025
R v Legg [2025] EWCA Crim 820 Deference to Sentencer’s Findings of Psychological Harm and the Limits of the Unduly Lenient Sentence Reference 1. Introduction In R v Legg the Court of Appeal (Criminal...
Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences – Commentary on R v Wills [2025] EWCA Crim 811

Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences – Commentary on R v Wills [2025] EWCA Crim 811

Date: Jun 6, 2025
Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences A Detailed Commentary on R v Wills [2025] EWCA Crim 811 1. Introduction In Wills, R v ([2025] EWCA Crim 811) the Court of...
High Court Clarifies Scope of “Trial Resulting in the Decision” and Sovereignty Limits in Post-Brexit TCA Extradition: Minister for Justice v Maughan [2025] IEHC 346

High Court Clarifies Scope of “Trial Resulting in the Decision” and Sovereignty Limits in Post-Brexit TCA Extradition: Minister for Justice v Maughan [2025] IEHC 346

Date: Jun 6, 2025
High Court Clarifies Scope of “Trial Resulting in the Decision” and Sovereignty Limits in Post-Brexit TCA Extradition: Minister for Justice v Maughan [2025] IEHC 346 Introduction On 5 June 2025 the...
Supreme Court Clarifies Status of IFSPs as “Health Services” and Mandates Greater Specificity in Disability Service Statements

Supreme Court Clarifies Status of IFSPs as “Health Services” and Mandates Greater Specificity in Disability Service Statements

Date: Jun 5, 2025
Supreme Court Clarifies Status of IFSPs as “Health Services” and Mandates Greater Specificity in Disability Service Statements Introduction Y & anor v. Health Service Executive ([2025] IESC 26) is...
M.S. v Minister for Justice – Curtailing Discovery in Pre-Leave, Moot Judicial Review Proceedings

M.S. v Minister for Justice – Curtailing Discovery in Pre-Leave, Moot Judicial Review Proceedings

Date: Jun 5, 2025
M.S. v Minister for Justice – Curtailing Discovery in Pre-Leave, Moot Judicial Review Proceedings 1. Introduction In M.S. v Minister for Justice ([2025] IEHC 335) Ms. Justice Siobhán Phelan delivered...
Bank Misconduct as a Bar to Restitution –  Extending Consumer-Credit Protection to Victims of Forged Mortgages

Bank Misconduct as a Bar to Restitution – Extending Consumer-Credit Protection to Victims of Forged Mortgages

Date: Jun 5, 2025
Bank Misconduct as a Bar to Restitution – Extending Consumer-Credit Protection to Victims of Forged Mortgages 1. Introduction Bank of Ireland Mortgage Bank v Murray & anor, [2025] IESC 24, is...

        Donnan v. Parole Board – Costs Consequences When a Statutory Body
        Moots Judicial-Review Proceedings by Corrective Action

Donnan v. Parole Board – Costs Consequences When a Statutory Body Moots Judicial-Review Proceedings by Corrective Action

Date: Jun 5, 2025
Donnan v. Parole Board – Costs Consequences When a Statutory Body Moots Judicial-Review Proceedings by Corrective Action 1. Introduction Donnan v Parole Board ([2025] IEHC 328) is a High Court...

“From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána”

“From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána”

Date: Jun 5, 2025
From Suspicion to Proof: The High Evidentiary Threshold for Impugning Discretionary Police Bail Decisions after G.W. v. Commissioner of An Garda Síochána 1. Introduction G.W. v. Commissioner of An...
Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation

Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation

Date: Jun 5, 2025
Tolan v Brindley Manor Federation of Nursing Homes Ltd: High Court Affirms Flexible Approach to Procedural Defects and Nuanced Causation in Fatal-Injury Litigation Introduction In Tolan v Brindley...
“A Mortgage in Name Alone”:  The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched non-signatory spouse – Commentary on Bank of Ireland Mortgage Bank v. Murray [2025] IESC 24

“A Mortgage in Name Alone”: The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched non-signatory spouse – Commentary on Bank of Ireland Mortgage Bank v. Murray [2025] IESC 24

Date: Jun 5, 2025
“A Mortgage in Name Alone”: The Supreme Court affirms that a loan negotiated on the security of a (void) family-home charge remains a “housing loan” and may be recovered from an unjustly-enriched...
Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial – Commentary on R v BSH [2025] EWCA Crim 706

Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial – Commentary on R v BSH [2025] EWCA Crim 706

Date: Jun 5, 2025
Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial A Comprehensive Commentary on R v BSH ([2025] EWCA Crim 706) 1. Introduction In R v BSH the Court of...
“Calibrating Cross-Examination in Summary Proceedings” – A Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor [2025] IEHC 351

“Calibrating Cross-Examination in Summary Proceedings” – A Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor [2025] IEHC 351

Date: Jun 5, 2025
“Calibrating Cross-Examination in Summary Proceedings” A Detailed Commentary on Mars Capital Finance Ireland DAC v. Farrell & Anor – High Court (O’Higgins J) [2025] IEHC 351 1. Introduction Court:...
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