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  • Commentaries

defining-& Case Commentaries

Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences

Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences

Date: May 2, 2025
Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences 1. Introduction R v Emmerson ([2025] EWCA Crim 756) is an Attorney-General’s Reference in...
R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion

R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion

Date: May 2, 2025
R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion 1. Introduction R v Mulhern ([2025] EWCA Crim 757) is a...
Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R

Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R

Date: May 1, 2025
Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R Introduction Gustavson & Ors v R ([2025] EWCA Crim 493) was decided by the England and Wales Court of Appeal (Criminal Division)...
Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department

Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department

Date: May 1, 2025
Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department Introduction EI v Secretary of State for the Home Department ([2025] EWCA Civ 556) is a...
Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims

Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims

Date: May 1, 2025
Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims 1. Introduction This commentary examines the High Court’s decision in Kirby v Hotel Kilkenny...
Interpretation of Defence Statements is a Question of Fact, Not Law – Commentary on Perry v R [2025] UKSC 17

Interpretation of Defence Statements is a Question of Fact, Not Law – Commentary on Perry v R [2025] UKSC 17

Date: May 1, 2025
“From Law to Fact”: Supreme Court Confirms that Construing a Defence Statement Is Normally a Question of Fact – A Commentary on Perry v R ([2025] UKSC 17) 1. Introduction On 30 April 2025 the United...
Exception 1 of Section 117C(4): “Very Significant Obstacles to Integration” – Adequacy of Reasons for Deportation of EU Nationals to EU States

Exception 1 of Section 117C(4): “Very Significant Obstacles to Integration” – Adequacy of Reasons for Deportation of EU Nationals to EU States

Date: May 1, 2025
Exception 1 of Section 117C(4): “Very Significant Obstacles to Integration” – Adequacy of Reasons for Deportation of EU Nationals to EU States Introduction This case, Ackom v Secretary of State for...
Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Date: Apr 30, 2025
Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995 Introduction The case of Marshall v His Majesty’s...
Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board

Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board

Date: Apr 30, 2025
Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board Introduction Prendergast v Legal Aid Board [2025] IEHC 257 is a High Court judicial review arising...
Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Date: Apr 30, 2025
Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials Introduction This commentary examines the Scottish High Court of Justiciary’s decision in...
Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223

Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223

Date: Apr 30, 2025
Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223 Introduction Campbell v O'Doherty [2025] IEHC 223 is a High Court decision delivered by...
Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor

Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor

Date: Apr 30, 2025
Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor Introduction Dublin City Council v Lynskey & Anor [2025] IEHC 241 is a High Court decision addressing the...
ECHR Article 5 and Children in Care: Necessity of DOLs Orders – State Consent Insufficient

ECHR Article 5 and Children in Care: Necessity of DOLs Orders – State Consent Insufficient

Date: Apr 30, 2025
ECHR Article 5 and Children in Care: Necessity of DOLs Orders – State Consent Insufficient Introduction J v Bath and North East Somerset Council & Ors ([2025] EWCA Civ 478) is a Court of Appeal...
Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála

Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála

Date: Apr 30, 2025
Permissive Amendment Standard in Judicial Review: Byrne v An Bord Pleanála Introduction Byrne v An Bord Pleanála & Anor [2025] IEHC 222 is a High Court ruling delivered by Mr Justice Nolan on 29...
Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015

Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015

Date: Apr 29, 2025
Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015 Introduction In CDB Aviation Lease Finance Designated Activity Company &...
Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards

Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards

Date: Apr 29, 2025
Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards Introduction F v Gordon Chalmers & Others [2025] CSOH 43 is a Note on Interest delivered by Lord Clark in the...
Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure

Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure

Date: Apr 29, 2025
Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure Introduction This commentary examines the High Court of Ireland’s decision in PK v VS & Anor...
R v BNA: Rationality and Abuse of Process in Modern Slavery Victims’ Prosecutions under CPS Guidance

R v BNA: Rationality and Abuse of Process in Modern Slavery Victims’ Prosecutions under CPS Guidance

Date: Apr 26, 2025
R v BNA: Rationality and Abuse of Process in Modern Slavery Victims’ Prosecutions under CPS Guidance Introduction In R v BNA [2025] EWCA Crim 496 the Court of Appeal (Criminal Division) considered...
Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review

Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review

Date: Apr 26, 2025
Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review Introduction This case arose from an application by Michael and Maureen Larkin (“the applicants”) for judicial review of...
Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries

Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries

Date: Apr 26, 2025
Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries Introduction Granahan v Governor of Mountjoy Prison & Anor [2025] IEHC 247 is a High Court ruling delivered by Mr....
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