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  • Commentaries

ensuring-constitutional-integrity:-the-privy-council& Case Commentaries

R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification

R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification

Date: Oct 11, 2025
R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification Introduction In R v Waldrom [2025] EWCA Crim 1380, the Court of...
R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending

R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending

Date: Oct 11, 2025
R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending Reporting...
Mackison v PF, Paisley: Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict

Mackison v PF, Paisley: Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict

Date: Oct 10, 2025
Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict Case: Appeal following a reference from the...
Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up hearings

Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up hearings

Date: Oct 9, 2025
Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up...
Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Date: Oct 9, 2025
Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under...
Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland

Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland

Date: Oct 9, 2025
Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland Introduction This commentary examines...
R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting

R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting

Date: Oct 9, 2025
R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting...
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...
Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending

Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending

Date: Oct 8, 2025
Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending Citation: R v Mechita...
Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry

Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry

Date: Oct 8, 2025
Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry Introduction This commentary...
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...
Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway

Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway

Date: Oct 8, 2025
Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway Case: M & M Solicitors v Crown Court at Leicester (wasted...
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...
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...
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...
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