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  • Commentaries

interpretation-of-& Case Commentaries

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...
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...
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...
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...
No Decision, No Chenchooliah: Prematurity and Separation of Powers in Irish Removal/Deportation Procedure

No Decision, No Chenchooliah: Prematurity and Separation of Powers in Irish Removal/Deportation Procedure

Date: Sep 13, 2025
No Decision, No Chenchooliah: Prematurity and Separation of Powers in Irish Removal/Deportation Procedure Case Comment on M v Minister for Justice [2025] IEHC 494 (High Court, 12 September 2025)...
Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme: Stephenson v FTT [2025] EWCA Civ 1160

Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme: Stephenson v FTT [2025] EWCA Civ 1160

Date: Sep 13, 2025
Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme Stephenson v First-Tier Tribunal (Social Entitlement Chamber) [2025] EWCA Civ 1160 Introduction This...
No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43)

No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43)

Date: Sep 12, 2025
No Hierarchy Bar in Mutual Corroboration: Sexual Averments in Non‑Sexual Charges May Corroborate Sexual Offences (McDonald v HMA [2025] HCJAC 43) Introduction In Scott McDonald v His Majesty’s...
Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance

Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance

Date: Sep 12, 2025
Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance Case: The Prudential Assurance...
Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4

Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4

Date: Sep 12, 2025
Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4 Introduction In Royal...
Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials

Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials

Date: Sep 12, 2025
Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials Introduction This Court of Appeal...
Active Verification, Flexible Evidence, and Non‑Fettered Discretion in Irish Employment Visa Decisions: Commentary on Masood v Minister for Justice [2025] IEHC 485

Active Verification, Flexible Evidence, and Non‑Fettered Discretion in Irish Employment Visa Decisions: Commentary on Masood v Minister for Justice [2025] IEHC 485

Date: Sep 11, 2025
Active Verification, Flexible Evidence, and Non‑Fettered Discretion in Irish Employment Visa Decisions: Commentary on Masood v Minister for Justice [2025] IEHC 485 Introduction This High Court...
No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159

No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159

Date: Sep 10, 2025
No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159...
Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected

Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected

Date: Sep 10, 2025
Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected Introduction In Browne...
Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480

Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480

Date: Sep 9, 2025
Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480...
Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged — Commentary on KBC Bank NV v Smith & Ors [2025] IEHC 481

Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged — Commentary on KBC Bank NV v Smith & Ors [2025] IEHC 481

Date: Sep 9, 2025
Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged Introduction This...
Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases

Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases

Date: Sep 8, 2025
Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases Court: Court of Appeal (Criminal Division), England and...
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