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  • Commentaries

interpretation-of-& Case Commentaries

R v Taylor [2025] EWCA Crim 1186: Sequencing Special Custodial Sentences under s278 Sentencing Act 2020 — Extended Licence Periods Must Not Overlap with Custody

R v Taylor [2025] EWCA Crim 1186: Sequencing Special Custodial Sentences under s278 Sentencing Act 2020 — Extended Licence Periods Must Not Overlap with Custody

Date: Aug 8, 2025
R v Taylor [2025] EWCA Crim 1186: Sequencing Special Custodial Sentences under s278 Sentencing Act 2020 — Extended Licence Periods Must Not Overlap with Custody Introduction This commentary examines...
Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance: A Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69

Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance: A Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69

Date: Aug 7, 2025
Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance A Detailed Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69 1....
R v Asolo‑Ogugua [2025] EWCA Crim 1183: Cross‑Guideline Calibration and Category A Culpability for Prolonged Drowsy, Drug‑Impaired Driving

R v Asolo‑Ogugua [2025] EWCA Crim 1183: Cross‑Guideline Calibration and Category A Culpability for Prolonged Drowsy, Drug‑Impaired Driving

Date: Aug 7, 2025
Cross‑Guideline Calibration and Category A Culpability for Prolonged Drowsy, Drug‑Impaired Driving Case: R v Asolo‑Ogugua [2025] EWCA Crim 1183 Court: England and Wales Court of Appeal (Criminal...
HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases

HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases

Date: Aug 7, 2025
HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases Introduction The Appeal Court of the High Court of Justiciary has, in HMA v JSH ([2025]...
R v Woods [2025] EWCA Crim 1154: High‑Risk Evasion Can Attract Sentences Approaching the s.18 “Intent to Cause Serious Harm” Guideline

R v Woods [2025] EWCA Crim 1154: High‑Risk Evasion Can Attract Sentences Approaching the s.18 “Intent to Cause Serious Harm” Guideline

Date: Aug 7, 2025
R v Woods [2025] EWCA Crim 1154: High‑Risk Evasion Can Attract Sentences Approaching the s.18 “Intent to Cause Serious Harm” Guideline Introduction This decision of the England and Wales Court of...

“Honing the Materiality Test: Holland J clarifies when Irrelevant Political
Considerations Vitiate Zoning Decisions – A Comment on Colbeam Ltd v Dún
Laoghaire-Rathdown CC [2025] IEHC 437”

“Honing the Materiality Test: Holland J clarifies when Irrelevant Political Considerations Vitiate Zoning Decisions – A Comment on Colbeam Ltd v Dún Laoghaire-Rathdown CC [2025] IEHC 437”

Date: Aug 7, 2025
Honing the “Materiality” Test: Holland J Clarifies When Irrelevant Political Remarks Vitiate Zoning Decisions – A Commentary on Colbeam Ltd v Dún Laoghaire-Rathdown County Council ([2025] IEHC 437)...
The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions

The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions

Date: Aug 7, 2025
The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions 1. Introduction Minister for Justice v Hitu ([2025] IEHC 459) is a High Court decision delivered...
“Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions”

“Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions”

Date: Aug 6, 2025
Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions 1. Introduction In Choon Seng Gan v HM Advocate ([2025] HCJAC 32) the Scottish High...
R v Dermott [2025] EWCA Crim 1172: Restoring One‑Third Guilty‑Plea Credit Where Misadvice Prevented an Early Plea; Legal Ombudsman Opinions Inadmissible; Practice Duties on Better Case Management Forms

R v Dermott [2025] EWCA Crim 1172: Restoring One‑Third Guilty‑Plea Credit Where Misadvice Prevented an Early Plea; Legal Ombudsman Opinions Inadmissible; Practice Duties on Better Case Management Forms

Date: Aug 6, 2025
R v Dermott [2025] EWCA Crim 1172: Restoring One‑Third Guilty‑Plea Credit Where Misadvice Prevented an Early Plea; Legal Ombudsman Opinions Inadmissible; Practice Duties on Better Case Management...
Independent Disciplinary Expulsion Moots Status-Based Claims to Reception Accommodation: High Court Clarifies Mootness in International Protection Housing Disputes

Independent Disciplinary Expulsion Moots Status-Based Claims to Reception Accommodation: High Court Clarifies Mootness in International Protection Housing Disputes

Date: Aug 6, 2025
Independent Disciplinary Expulsion Moots Status-Based Claims to Reception Accommodation: High Court Clarifies Mootness in International Protection Housing Disputes Introduction In Dashevsky v...
“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD

“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD

Date: Aug 5, 2025
“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD 1. Introduction In X Internet...
“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions

“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions

Date: Aug 5, 2025
“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions 1. Introduction Andejs Ratinskis sought judicial review of a...
Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives

Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives

Date: Aug 5, 2025
Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives Introduction Kirwan v O’Leary & Ors ([2025]...
Judge v. HSE –  “No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible”

Judge v. HSE – “No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible”

Date: Aug 5, 2025
“No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible” – Comment on Judge v Health Service Executive ([2025] IEHC 438) 1....
Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction

Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction

Date: Aug 5, 2025
Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction 1. Introduction Egan v Pepper Finance Corporation [Ireland] DAC...
“Exceptional Circumstances” Re-Defined:  Caraglass v Minister for Education and the Limits of Corporate Self-Representation

“Exceptional Circumstances” Re-Defined: Caraglass v Minister for Education and the Limits of Corporate Self-Representation

Date: Aug 5, 2025
“Exceptional Circumstances” Re-Defined: Caraglass Ltd t/a Zeeko v Minister for Education — High Court Clarifies Corporate Self-Representation and Procurement Time-Bar 1. Introduction Caraglass Ltd...
Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints

Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints

Date: Aug 5, 2025
Cahill v. Residential Tenancies Board – Re-affirming the “Entirely Successful” Rule on Costs and the Threshold for Remote-Hearing Complaints 1. Introduction In Cahill v. Residential Tenancies Board...
“Severe Mental-Health Risk Trumps Open Justice” – A Commentary on SA v Secretary of State for the Home Department [2025] EWCA Civ 1065

“Severe Mental-Health Risk Trumps Open Justice” – A Commentary on SA v Secretary of State for the Home Department [2025] EWCA Civ 1065

Date: Aug 5, 2025
“Severe Mental-Health Risk Trumps Open Justice” – A Commentary on SA v Secretary of State for the Home Department ([2025] EWCA Civ 1065) Court: Court of Appeal (Civil Division) – England & Wales...
S (Children): The Court of Appeal’s Directive to Identify Transnational Marriage Abandonment as Domestic Abuse

S (Children): The Court of Appeal’s Directive to Identify Transnational Marriage Abandonment as Domestic Abuse

Date: Aug 4, 2025
S (Children): The Court of Appeal’s Directive to Identify Transnational Marriage Abandonment as Domestic Abuse 1. Introduction The decision in S (Children: Transnational Marriage Abandonment) ([2025]...
“The Burden-Shift & Holistic-Evidence Rule” in Domicile: A Commentary on Ramana v Kist-Ramana [2025] EWCA Civ 1022

“The Burden-Shift & Holistic-Evidence Rule” in Domicile: A Commentary on Ramana v Kist-Ramana [2025] EWCA Civ 1022

Date: Aug 4, 2025
“The Burden-Shift & Holistic-Evidence Rule” in Domicile: A Commentary on Ramana v Kist-Ramana [2025] EWCA Civ 1022 Introduction In Ramana v Kist-Ramana the Court of Appeal revisited one of the most...
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