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  • Commentaries

duty-of-care-in-environmental-consulting:-scottish-court-of-session-in-angela-mcmanus-v-scott- Case Commentaries

Clarifying the Extent of a Reporter’s Remit: Exhaustion of Jurisdiction and Value Assignment in Lease Repair Disputes

Clarifying the Extent of a Reporter’s Remit: Exhaustion of Jurisdiction and Value Assignment in Lease Repair Disputes

Date: Mar 12, 2025
Clarifying the Extent of a Reporter’s Remit: Exhaustion of Jurisdiction and Value Assignment in Lease Repair Disputes Introduction The case of Rutland Court Real Estate against Anderson Strathern LLP...
Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent

Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent

Date: Mar 12, 2025
Evolving Evidentiary Standards and Pleading Rigor in Construction Litigation: The Ballymore v Roadstone Precedent Introduction This commentary examines the recent High Court decision in Ballymore...
Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery

Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery

Date: Mar 12, 2025
Keane v. Clerk of the Dáil — The High Court Re-affirms the Absolute 14-Day Limit for Election Petitions and the Conditional Nature of Pre-Petition Discovery 1. Introduction Keane v. Clerk of the Dáil...
Guidance on Sentencing for Non-Violent but Highly Disruptive Environmental Protest Offences

Guidance on Sentencing for Non-Violent but Highly Disruptive Environmental Protest Offences

Date: Mar 11, 2025
Guidance on Sentencing for Non-Violent but Highly Disruptive Environmental Protest Offences 1. Introduction The decision in Hallam & Ors v R ([2025] EWCA Crim 199) addresses a number of appeals...
Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations

Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations

Date: Mar 11, 2025
Enhanced Reasoning Requirements for “Safe Country of Origin” Determinations Introduction The High Court of Ireland, in P.P. v International Protection Appeals Tribunal & Anor, V.S. v. International...
Appellate Courts’ Duty to Consider State Immunity Even in the Absence of the Foreign State

Appellate Courts’ Duty to Consider State Immunity Even in the Absence of the Foreign State

Date: Mar 11, 2025
Appellate Courts’ Duty to Consider State Immunity Even in the Absence of the Foreign State Introduction In The Royal Embassy of Saudi Arabia (Cultural Bureau) v Costantine ([2025] UKSC 9), the United...
Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland

Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland

Date: Mar 11, 2025
Clarifying Costs in Moot Interlocutory Proceedings: Insights from Naughton v Bank of Ireland 1. Introduction The High Court of Ireland’s decision in Naughton v Governor and Company of the Bank of...
“Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd”

“Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd”

Date: Mar 11, 2025
Sparing Use of Early Dismissal in Product Liability Claims under Amended O.19, R.28: Insights from Mulhall v. Allergan Ltd 1. Introduction In the recent High Court decision of Mulhall v. Allergan Ltd...
Acknowledging Legislatures’ Wide Margin of Appreciation in Rehabilitation of Offenders Schemes

Acknowledging Legislatures’ Wide Margin of Appreciation in Rehabilitation of Offenders Schemes

Date: Mar 11, 2025
Acknowledging Legislatures’ Wide Margin of Appreciation in Rehabilitation of Offenders Schemes 1. Introduction This commentary examines the United Kingdom Supreme Court’s decision in JR123, Re...
New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions

New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions

Date: Mar 11, 2025
New Precedent on the Judicial Treatment of Marriage‐of‐Convenience Findings and Their Impact on Immigration Permissions Introduction The judgment in MA v Minister for Justice ([2025] IEHC 135)...
Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent

Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent

Date: Mar 11, 2025
Reaffirming the Exclusive Role of Solicitors in High Court Litigation: The Mallon v Minister for Justice Precedent Introduction The High Court decision in Mallon v Minister for Justice & Ors ([2025]...
Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction

Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction

Date: Mar 11, 2025
Clarifying the Limits of Suspensive Effect in s.22 Appeals and the Scope of Inherent Bail Jurisdiction Introduction The judgment in G.T. v Minister for Justice & Anor ([2025] IEHC 133) deals with an...
New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions

New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions

Date: Mar 11, 2025
New Precedent on the Disapplication of Further Appeal Rights in Tax Avoidance Transactions Introduction The case of Falkenthal v Revenue Commissioners ([2025] IEHC 122) marks a significant...
Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications

Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications

Date: Mar 11, 2025
Extended Evidentiary Consideration Under Order 19, Rule 28: A New Precedent in Dismissal Applications Introduction The case of A.R. v Ireland & Anor ([2025] IEHC 132) addresses several interrelated...
Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law

Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law

Date: Mar 11, 2025
Establishing the Limits of Abstract Challenges: A New Principle in Planning and Development Law Introduction The judgment in McGreal v Minister for Housing, Local Government and Heritage of Ireland...
Haque v Secretary of State for the Home Department – The De-Minimis Error Principle in Visitor Visa Judicial Reviews

Haque v Secretary of State for the Home Department – The De-Minimis Error Principle in Visitor Visa Judicial Reviews

Date: Mar 11, 2025
Haque v Secretary of State for the Home Department: Establishing the “De-Minimis Error” Principle for Challenging Entry Clearance Decisions 1. Introduction In Haque v Secretary of State for the Home...
New Precedent on McKenzie Friend Application Requirements and Procedural Compliance

New Precedent on McKenzie Friend Application Requirements and Procedural Compliance

Date: Mar 11, 2025
New Precedent on McKenzie Friend Application Requirements and Procedural Compliance Introduction The judgment in Patterson & Anor v Rathfriland Farmers Co-Operative Society Ltd (Ruling: McKenzie...
Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Date: Mar 11, 2025
Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280 1. Introduction This case arises under the Child Abduction and Enforcement of Custody...
Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies

Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies

Date: Mar 8, 2025
Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies Introduction The Judgment in Okunola, R. v ([2025] EWCA Crim 350) presents a significant development in...
Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365)

Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365)

Date: Mar 8, 2025
Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365) Introduction Yellambai & Ors, R v [2025] EWCA Crim 365 is an appeal brought by three...
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