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  • Commentaries

interpretation-of-judicial-review-time-limits-under-section-27a-of-the-court-of-session-act-1988:-o& Case Commentaries

“Haul Before You Cross”: Irish High Court imposes a duty of care on trawler operators over known submarine cables and affirms cost‑of‑repair damages without proof of payment — Virgin Media Wholesale Ltd v The Lida Suzanna [2025] IEHC 493

“Haul Before You Cross”: Irish High Court imposes a duty of care on trawler operators over known submarine cables and affirms cost‑of‑repair damages without proof of payment — Virgin Media Wholesale Ltd v The Lida Suzanna [2025] IEHC 493

Date: Sep 25, 2025
“Haul Before You Cross”: A New Irish Admiralty Benchmark on Fishermen’s Duties to Subsea Cables and Cost‑of‑Repair Damages Introduction In Virgin Media Wholesale Ltd v Owners and All Persons Claiming...
Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation

Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation

Date: Sep 25, 2025
Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation Introduction In Sandoz AG & Rowex Ltd v Bayer...
Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material

Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material

Date: Sep 25, 2025
Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material Introduction In M v Minister for Justice, Home...
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...
No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence

No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence

Date: Sep 18, 2025
No Automatic Abuse of Process from Repeated Possession Suits: Res judicata requires a merits decision and costs compliance preserves the right to re‑commence Introduction This commentary examines the...
McAleenon (NICA): No Duty on NIEA/DAERA to Set Lifetime H2S Standards; Councils’ “Reasonably Practicable” Investigation Duty Reviewed on Rationality

McAleenon (NICA): No Duty on NIEA/DAERA to Set Lifetime H2S Standards; Councils’ “Reasonably Practicable” Investigation Duty Reviewed on Rationality

Date: Sep 17, 2025
McAleenon v LCCC (NICA): No Duty to Set Lifetime H2S Standards and a Discretionary, Rationality‑Reviewed Duty to Investigate Statutory Nuisance Introduction This Court of Appeal in Northern Ireland...
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...
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