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  • Commentaries

establishing-the-implied- Case Commentaries

Limits of the Constitutional Right to Identity: No Duty to Issue Fictitious Civil Status Certificates for Witness Protection – Commentary on Doe & ors v Commissioner of An Garda Síochána [2025] IESC 44

Limits of the Constitutional Right to Identity: No Duty to Issue Fictitious Civil Status Certificates for Witness Protection – Commentary on Doe & ors v Commissioner of An Garda Síochána [2025] IESC 44

Date: Nov 8, 2025
Limits of the Constitutional Right to Identity: No Duty to Issue Fictitious Civil Status Certificates for Witness Protection Commentary on Doe & ors v Commissioner of An Garda Síochána & ors [2025]...
Extended Sentences for Children: Dangerousness Confirmed and DTOs Cannot Run Concurrently with an Extended Sentence (R v TJ [2025] EWCA Crim 1391)

Extended Sentences for Children: Dangerousness Confirmed and DTOs Cannot Run Concurrently with an Extended Sentence (R v TJ [2025] EWCA Crim 1391)

Date: Nov 7, 2025
Extended Sentences for Children: Dangerousness Confirmed and DTOs Cannot Run Concurrently with an Extended Sentence (R v TJ [2025] EWCA Crim 1391) Introduction This commentary analyses the Court of...
Short‑Term Control Still a “Significant Role”: Plea Credit, Harm Category, and Administrative Surcharge Clarified in R v Adetoyi [2025] EWCA Crim 1393

Short‑Term Control Still a “Significant Role”: Plea Credit, Harm Category, and Administrative Surcharge Clarified in R v Adetoyi [2025] EWCA Crim 1393

Date: Nov 7, 2025
Short‑Term Control Still a “Significant Role”: Plea Credit, Harm Category, and Administrative Surcharge Clarified in R v Adetoyi [2025] EWCA Crim 1393 Court: England and Wales Court of Appeal...
Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c)

Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c)

Date: Nov 7, 2025
Holistic, baseline-driven application of the proximity principle and reasons adequacy under Waste Plan Policy 4(c) Introduction In Stop Portland Waste Incinerator v Secretary of State for Housing,...
“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required

“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required

Date: Nov 7, 2025
“Supervise” Means “Run”: Court of Appeal clarifies the Representative of an Overseas Business route — skills, knowledge and ongoing supervision are required Case: Secretary of State (Entry Clearance...
RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations

RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations

Date: Nov 7, 2025
RR v Enfield [2025] EWCA Civ 1390: No Freestanding PSED Monitoring Duty and a Rigorous Evidential Threshold for Indirect Disability Discrimination in Social-Housing Allocations Introduction This...
MS Amlin Marine NV v King Trader Ltd [2025] EWCA Civ 1387: Court of Appeal redefines the “red hand” rule as the “onerous clause doctrine” and confirms the compatibility and efficacy of pay‑first clauses in marine liability insurance

MS Amlin Marine NV v King Trader Ltd [2025] EWCA Civ 1387: Court of Appeal redefines the “red hand” rule as the “onerous clause doctrine” and confirms the compatibility and efficacy of pay‑first clauses in marine liability insurance

Date: Nov 7, 2025
MS Amlin Marine NV v King Trader Ltd [2025] EWCA Civ 1387: Court of Appeal redefines the “red hand” rule as the “onerous clause doctrine” and confirms the compatibility and efficacy of pay‑first...
Foreign Assistors Cannot Rely on the Babanaft Proviso to Escape Civil Liability: Unlawful Means Conspiracy for Aiding Breach of English Freezing Orders

Foreign Assistors Cannot Rely on the Babanaft Proviso to Escape Civil Liability: Unlawful Means Conspiracy for Aiding Breach of English Freezing Orders

Date: Nov 7, 2025
Foreign Assistors Cannot Rely on the Babanaft Proviso to Escape Civil Liability: Unlawful Means Conspiracy for Aiding Breach of English Freezing Orders Case: Lakatamia Shipping Co Ltd v Su & Ors...
No “Permanence” Requirement and Mediation-Delay Counts: The Court of Appeal Recasts the Article 12(2) Settlement Defence

No “Permanence” Requirement and Mediation-Delay Counts: The Court of Appeal Recasts the Article 12(2) Settlement Defence

Date: Nov 7, 2025
No “Permanence” Requirement and Mediation-Delay Counts: The Court of Appeal Recasts the Article 12(2) Settlement Defence Introduction This Court of Appeal decision in B (Child Abduction: Settlement)...
Timeliness Over Administrative Convenience in AIE Appeals: High Court affirms implied power to remit but refers the governing “timeliness” standard to the CJEU

Timeliness Over Administrative Convenience in AIE Appeals: High Court affirms implied power to remit but refers the governing “timeliness” standard to the CJEU

Date: Nov 7, 2025
Timeliness Over Administrative Convenience in AIE Appeals: High Court affirms implied power to remit but refers the governing “timeliness” standard to the CJEU Case: People Over Wind v Commissioner...
Affidavit Candour and a Two‑Tranche Approach to Costs in Moot Delay Judicial Reviews: M (A Minor) v Minister for Foreign Affairs [2025] IEHC 581

Affidavit Candour and a Two‑Tranche Approach to Costs in Moot Delay Judicial Reviews: M (A Minor) v Minister for Foreign Affairs [2025] IEHC 581

Date: Nov 7, 2025
Affidavit Candour and a Two‑Tranche Approach to Costs in Moot Delay Judicial Reviews: M (A Minor) v Minister for Foreign Affairs [2025] IEHC 581 Introduction This commentary examines the High Court...
Contextual Discovery in Deed Interpretation: Ordering Antecedent and Chain‑of‑Title Materials Despite Parties’ Claims of Unambiguity

Contextual Discovery in Deed Interpretation: Ordering Antecedent and Chain‑of‑Title Materials Despite Parties’ Claims of Unambiguity

Date: Nov 7, 2025
Contextual Discovery in Deed Interpretation: Ordering Antecedent and Chain‑of‑Title Materials Despite Parties’ Claims of Unambiguity Introduction In Murray & Anor v Goldstein Property ICAV [2025]...
Accrual by “Real and Meaningfully Measurable Loss” in Solicitor‑Negligence-for-Delay and Validity of Firm‑Named Appearances: High Threshold for Strike‑Out under Amended Order 19

Accrual by “Real and Meaningfully Measurable Loss” in Solicitor‑Negligence-for-Delay and Validity of Firm‑Named Appearances: High Threshold for Strike‑Out under Amended Order 19

Date: Nov 7, 2025
Accrual by “Real and Meaningfully Measurable Loss” in Solicitor‑Negligence‑for‑Delay and Validity of Firm‑Named Appearances: High Threshold for Strike‑Out under Amended Order 19 Case: Killeen v...
Firm-Signed Appearances Are Valid Under Order 12 RSC; Limitation Defences Rarely Suited to Strike-Out in Solicitor Negligence: Commentary on Killeen v Higgins [2025] IEHC 582

Firm-Signed Appearances Are Valid Under Order 12 RSC; Limitation Defences Rarely Suited to Strike-Out in Solicitor Negligence: Commentary on Killeen v Higgins [2025] IEHC 582

Date: Nov 7, 2025
Firm-Signed Appearances Are Valid Under Order 12 RSC; Limitation Defences Rarely Suited to Strike-Out in Solicitor Negligence Introduction This commentary analyzes the High Court of Ireland’s...
High Court confirms “special circumstances” are required to set aside a default judgment obtained in default of appearance: Hussien v Dunleavy Meats [2025] IEHC 586

High Court confirms “special circumstances” are required to set aside a default judgment obtained in default of appearance: Hussien v Dunleavy Meats [2025] IEHC 586

Date: Nov 7, 2025
“Special circumstances” are now integral to setting aside default judgments under Order 13: Commentary on Hussien v Dunleavy Meats Unlimited Company [2025] IEHC 586 Introduction In Hussien v Dunleavy...
Affidavit Cross‑Examination in Judicial Review Requires a Material, Necessity‑Linked Factual Conflict: CSNA Company Ltd v Minister for Health [2025] IEHC 594

Affidavit Cross‑Examination in Judicial Review Requires a Material, Necessity‑Linked Factual Conflict: CSNA Company Ltd v Minister for Health [2025] IEHC 594

Date: Nov 7, 2025
Affidavit Cross‑Examination in Judicial Review Requires a Material, Necessity‑Linked Factual Conflict: CSNA Company Ltd v Minister for Health [2025] IEHC 594 Introduction This High Court judgment...
Article 40.4.2 Does Not Permit Class‑Wide Habeas: Specificity and Case‑Focus Required — Commentary on McGreal v Minister for Justice [2025] IEHC 597

Article 40.4.2 Does Not Permit Class‑Wide Habeas: Specificity and Case‑Focus Required — Commentary on McGreal v Minister for Justice [2025] IEHC 597

Date: Nov 7, 2025
Article 40.4.2 Does Not Permit Class‑Wide Habeas: Specificity and Case‑Focus Required Case: McGreal v The Minister for Justice, Home Affairs and Migration & Ors [2025] IEHC 597 (High Court of...
Gatekeeping, Not Adjudication: The Limited Role of the National Appeal Panel Chair and the Exhaustion of Statutory Remedies in Scottish Pharmaceutical Services Appeals

Gatekeeping, Not Adjudication: The Limited Role of the National Appeal Panel Chair and the Exhaustion of Statutory Remedies in Scottish Pharmaceutical Services Appeals

Date: Nov 7, 2025
Gatekeeping, Not Adjudication: The Limited Role of the National Appeal Panel Chair and the Exhaustion of Statutory Remedies in Scottish Pharmaceutical Services Appeals 1. Introduction This commentary...
R v Khan [2025] EWCA Crim 1518 – Harm Categorisation, Totality and Proportional Sexual Harm Prevention Orders

R v Khan [2025] EWCA Crim 1518 – Harm Categorisation, Totality and Proportional Sexual Harm Prevention Orders

Date: Nov 7, 2025
R v Khan [2025] EWCA Crim 1518 – Harm Categorisation, Totality and Proportional Sexual Harm Prevention Orders 1. Introduction The decision of the Court of Appeal (Criminal Division) in R v Khan...
Leading Role, EncroChat, and Totality in Industrial‑Scale Drug Conspiracies: Commentary on R v Thompson [2025] EWCA Crim 1517

Leading Role, EncroChat, and Totality in Industrial‑Scale Drug Conspiracies: Commentary on R v Thompson [2025] EWCA Crim 1517

Date: Nov 7, 2025
Leading Role, EncroChat, and Totality in Industrial‑Scale Drug Conspiracies: Commentary on R v Thompson [2025] EWCA Crim 1517 1. Introduction The decision in R v Thompson [2025] EWCA Crim 1517 is a...
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