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  • Commentaries

defining-& Case Commentaries

Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation

Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation

Date: Sep 25, 2025
Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation Introduction In Sandoz AG & Rowex Ltd v Bayer...
Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material

Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material

Date: Sep 25, 2025
Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material Introduction In M v Minister for Justice, Home...
Litigation Restraint Orders as a Discretionary Factor in Extending Time for Judicial Review: Commentary on Leahy & Ors v Medical Council of Ireland & Ors [2025] IEHC 503

Litigation Restraint Orders as a Discretionary Factor in Extending Time for Judicial Review: Commentary on Leahy & Ors v Medical Council of Ireland & Ors [2025] IEHC 503

Date: Sep 24, 2025
Litigation Restraint Orders as a Discretionary Factor in Extending Time for Judicial Review: Commentary on Leahy & Ors v Medical Council of Ireland & Ors [2025] IEHC 503 Introduction This commentary...
Late IPAT Appeals Do Not Halt Deportation: High Court refuses injunctions despite arguable challenge to Regulation 4(5) and clarifies Regulation 4(2) notice duty

Late IPAT Appeals Do Not Halt Deportation: High Court refuses injunctions despite arguable challenge to Regulation 4(5) and clarifies Regulation 4(2) notice duty

Date: Sep 24, 2025
Late IPAT Appeals Do Not Halt Deportation: High Court refuses injunctions despite arguable challenge to Regulation 4(5) and clarifies Regulation 4(2) notice duty Introduction This commentary analyses...
Farrell & Ors v PIAB & Ors: Costs for Parked Parallel Challenges Following Lead‑Case Success under s.169 LSRA 2015

Farrell & Ors v PIAB & Ors: Costs for Parked Parallel Challenges Following Lead‑Case Success under s.169 LSRA 2015

Date: Sep 24, 2025
Farrell & Ors v PIAB & Ors: Costs for Parked Parallel Challenges Following Lead‑Case Success under s.169 LSRA 2015 Court: High Court of Ireland | Neutral Citation: [2025] IEHC 504 | Date: 17...
R v Grizzle [2025] EWCA Crim 1298: Category 1 harm in ABH can be proved by substantial psychological impact without psychiatric diagnosis; consecutive sentences for in‑custody assaults on prison officers upheld despite delay

R v Grizzle [2025] EWCA Crim 1298: Category 1 harm in ABH can be proved by substantial psychological impact without psychiatric diagnosis; consecutive sentences for in‑custody assaults on prison officers upheld despite delay

Date: Sep 24, 2025
R v Grizzle [2025] EWCA Crim 1298: Category 1 harm in ABH can be proved by substantial psychological impact without psychiatric diagnosis; consecutive sentences for in‑custody assaults on prison...
MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the headline offence

MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the headline offence

Date: Sep 24, 2025
MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the...
No “Condition Precedent”: Defects in Section 189A Assessments Do Not Invalidate Lawful Suitability Reviews under Section 202 in Prevention Duty Cases — Fatolahzadeh v London Borough of Barnet [2025] EWCA Civ 1174

No “Condition Precedent”: Defects in Section 189A Assessments Do Not Invalidate Lawful Suitability Reviews under Section 202 in Prevention Duty Cases — Fatolahzadeh v London Borough of Barnet [2025] EWCA Civ 1174

Date: Sep 23, 2025
No “Condition Precedent”: Defects in Section 189A Assessments Do Not Invalidate Lawful Suitability Reviews under Section 202 in Prevention Duty Cases — Fatolahzadeh v London Borough of Barnet [2025]...
Pre‑Action Injunction Applications Are “Proceedings”: Court of Appeal Confirms Costs/Damages Jurisdiction and Permits CPR 3.10 to Cure Wrong Form — Commentary on Gotti v Perrett [2025] EWCA Civ 1168

Pre‑Action Injunction Applications Are “Proceedings”: Court of Appeal Confirms Costs/Damages Jurisdiction and Permits CPR 3.10 to Cure Wrong Form — Commentary on Gotti v Perrett [2025] EWCA Civ 1168

Date: Sep 23, 2025
Pre‑Action Injunction Applications Are “Proceedings”: Court of Appeal Confirms Costs/Damages Jurisdiction and Permits CPR 3.10 to Cure Wrong Form Case: Gotti v Perrett [2025] EWCA Civ 1168 (Court of...
R v HBF [2025] EWCA Crim 1282: Court of Appeal endorses adult‑equivalent cross‑check and permits a sub‑half youth benchmark where custody is inevitable

R v HBF [2025] EWCA Crim 1282: Court of Appeal endorses adult‑equivalent cross‑check and permits a sub‑half youth benchmark where custody is inevitable

Date: Sep 20, 2025
R v HBF [2025] EWCA Crim 1282: Court of Appeal endorses adult‑equivalent cross‑check and permits a sub‑half youth benchmark where custody is inevitable Court: England and Wales Court of Appeal...
Unauthorised Surveillance by a Grazing Licensee Constitutes Actionable Harassment; 40‑Day Notice Held Reasonable to Terminate Agistment — Commentary on McGinn & Ors v Davis [2025] IEHC 509

Unauthorised Surveillance by a Grazing Licensee Constitutes Actionable Harassment; 40‑Day Notice Held Reasonable to Terminate Agistment — Commentary on McGinn & Ors v Davis [2025] IEHC 509

Date: Sep 20, 2025
Unauthorised Surveillance by a Grazing Licensee Constitutes Actionable Harassment; 40‑Day Notice Held Reasonable to Terminate Agistment — McGinn & Ors v Davis [2025] IEHC 509 Introduction The High...
Minimal Privett Reduction and the Unsuspendable Floor for Category 1A Incitement in Decoy Cases: Commentary on R v Robson‑Durrance [2025] EWCA Crim 1280

Minimal Privett Reduction and the Unsuspendable Floor for Category 1A Incitement in Decoy Cases: Commentary on R v Robson‑Durrance [2025] EWCA Crim 1280

Date: Sep 20, 2025
Minimal Privett Reduction and the Unsuspendable Floor for Category 1A Incitement in Decoy Cases: Commentary on R v Robson‑Durrance [2025] EWCA Crim 1280 Introduction In R v Robson‑Durrance [2025]...
Mahmood: Whole‑Course Culpability Governs Causing Death by Dangerous Driving; Category A Starting Points Apply Even to Pre‑2022 Offences, and Disqualification Must Be Recalibrated on Appeal

Mahmood: Whole‑Course Culpability Governs Causing Death by Dangerous Driving; Category A Starting Points Apply Even to Pre‑2022 Offences, and Disqualification Must Be Recalibrated on Appeal

Date: Sep 19, 2025
Mahmood: Whole‑Course Culpability Governs Causing Death by Dangerous Driving; Category A Starting Points Apply Even to Pre‑2022 Offences, and Disqualification Must Be Recalibrated on Appeal Case: R v...
No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence

No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence

Date: Sep 18, 2025
No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence Introduction This commentary examines the...
McAleenon (NICA): No Duty on NIEA/DAERA to Set Lifetime H2S Standards; Councils’ “Reasonably Practicable” Investigation Duty Reviewed on Rationality

McAleenon (NICA): No Duty on NIEA/DAERA to Set Lifetime H2S Standards; Councils’ “Reasonably Practicable” Investigation Duty Reviewed on Rationality

Date: Sep 17, 2025
McAleenon v LCCC (NICA): No Duty to Set Lifetime H2S Standards and a Discretionary, Rationality‑Reviewed Duty to Investigate Statutory Nuisance Introduction This Court of Appeal in Northern Ireland...
Woods‑Springer: Calibrating the Upper Bound of Extended Sentences in Multi‑Victim Child Sexual Offences and Reaffirming the Bar on Concurrent “Offender of Particular Concern” Sentences

Woods‑Springer: Calibrating the Upper Bound of Extended Sentences in Multi‑Victim Child Sexual Offences and Reaffirming the Bar on Concurrent “Offender of Particular Concern” Sentences

Date: Sep 17, 2025
Woods‑Springer: Calibrating the Upper Bound of Extended Sentences in Multi‑Victim Child Sexual Offences and Reaffirming the Bar on Concurrent “Offender of Particular Concern” Sentences Citation: R v...
Exclusivity, Authority, and Electronic “Writing” in Land Deals: IEHC clarifies that internal awareness of rival bids is not a breach; ostensible authority requires reasonable reliance; metadata is not a signature for s.51

Exclusivity, Authority, and Electronic “Writing” in Land Deals: IEHC clarifies that internal awareness of rival bids is not a breach; ostensible authority requires reasonable reliance; metadata is not a signature for s.51

Date: Sep 16, 2025
Exclusivity, Authority, and Electronic “Writing” in Land Deals New clarifications from the High Court of Ireland: (i) mere internal awareness and discussion of a rival bid during an exclusivity...
Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44

Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44

Date: Sep 15, 2025
Proof, Not Interrogation: Contested SRO Breaches Require an Evidential Hearing and Strict Fairness Protections — Shields v HMA [2025] HCJAC 44 Citation: [2025] HCJAC 44 (Appeal Court, High Court of...
Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified (Keogh v Special Criminal Court)

Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified (Keogh v Special Criminal Court)

Date: Sep 13, 2025
Inherent Jurisdiction to Compel Special Criminal Court Transcripts for Use in Criminal Appeals: “Necessary to Do Justice” and “No Relevant Legal Prejudice” Clarified Case: Keogh v Special Criminal...
Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla — Commentary on Maksymowicz [2025] NICA 42

Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla — Commentary on Maksymowicz [2025] NICA 42

Date: Sep 13, 2025
Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla Introduction This commentary examines the Court of...
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