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  • Commentaries

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

Defining the Threshold for Certification of Leave to Appeal in Planning Judicial Reviews

Defining the Threshold for Certification of Leave to Appeal in Planning Judicial Reviews

Date: Apr 5, 2025
Defining the Threshold for Certification of Leave to Appeal in Planning Judicial Reviews: Exceptional Public Importance and Public Interest Introduction In Eco Advocacy CLG v An Bord Pleanála ([2025]...
Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA

Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA

Date: Apr 4, 2025
Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA Introduction The case of Sullivan v Isle of Wight Council ([2025] EWCA Civ 379) addresses complex...
Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context

Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context

Date: Apr 4, 2025
Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context Introduction This commentary examines the judgment in Renaissance Securities...
Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies

Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies

Date: Apr 4, 2025
Establishing New Benchmarks on Unfair Prejudice and Shareholder Exclusion in Joint Venture Companies Introduction The Judgment issued by the Scottish Court of Session on 1 April 2025 in the case...
Certification of Appeals and the ‘Exceptional Public Importance’ Threshold in Planning Judicial Reviews

Certification of Appeals and the ‘Exceptional Public Importance’ Threshold in Planning Judicial Reviews

Date: Apr 4, 2025
Certification of Appeals and the ‘Exceptional Public Importance’ Threshold in Planning Judicial Reviews Introduction The decision in Stapleton v An Bord Pleanála & Ors (Approved) [2025] IEHC 178...
A New Standard for Water Body-Specific Measures in UK Water Management: Commentary on SSEFRA v Pickering Fishery Association

A New Standard for Water Body-Specific Measures in UK Water Management: Commentary on SSEFRA v Pickering Fishery Association

Date: Apr 4, 2025
A New Standard for Water Body-Specific Measures in UK Water Management This commentary examines the judgment in Secretary of State for Environment, Food and Rural Affairs v Pickering Fishery...
The Unitary Modular Design Principle in Registered Design Law

The Unitary Modular Design Principle in Registered Design Law

Date: Apr 4, 2025
The Unitary Modular Design Principle in Registered Design Law Introduction The judgment in Safestand Ltd v Weston Homes PLC & Ors ([2025] EWCA Civ 374) represents a significant development in the...
New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law

New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law

Date: Apr 4, 2025
New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law Introduction The judgment in Davies v Benwell Road RTM Company Ltd [2025] EWCA Civ 368...
Reassessing Preliminary Issue Hearings in Employment Equality Claims: The McKeown Precedent

Reassessing Preliminary Issue Hearings in Employment Equality Claims: The McKeown Precedent

Date: Apr 4, 2025
Reassessing Preliminary Issue Hearings in Employment Equality Claims: The McKeown Precedent Introduction The case of McKeown v Minister for Defence & Ors ([2025] IEHC 177) brings forward a...
Non-Compliance with Section 8(1) of the Criminal Appeal Act 1968 Does Not Invalidate Crown Court Retrials

Non-Compliance with Section 8(1) of the Criminal Appeal Act 1968 Does Not Invalidate Crown Court Retrials

Date: Apr 4, 2025
Non-Compliance with Section 8(1) of the Criminal Appeal Act 1968 Does Not Invalidate Crown Court Retrials 1. Introduction In the seminal case of Layden, R. v ([2025] UKSC 12), the United Kingdom...
Termination Notice in Pension Deeds: Implications for Employer Termination and the Limits of Implied Terms

Termination Notice in Pension Deeds: Implications for Employer Termination and the Limits of Implied Terms

Date: Apr 4, 2025
Termination Notice in Pension Deeds: Implications for Employer Termination and the Limits of Implied Terms Introduction This commentary provides an in‐depth analysis of the recent judgment concerning...
Extinction of Mortgagee’s Enforcement Rights: Philpott & Anor v Pepper Finance

Extinction of Mortgagee’s Enforcement Rights: Philpott & Anor v Pepper Finance

Date: Apr 4, 2025
Extinction of Mortgagee’s Enforcement Rights: Philpott & Anor v Pepper Finance Introduction This commentary reviews the High Court of Ireland’s decision in Philpott & Anor v Pepper Finance...
Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020

Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020

Date: Apr 4, 2025
Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020 Introduction Watson, R. v [2025] EWCA Crim 563 is a landmark decision of the Court of Appeal (Criminal Division)...
Mandating Public Inquiries to Fulfill Article 2 ECHR Obligations: Brown v SOSNI ([2025] NICA 16) Commentary

Mandating Public Inquiries to Fulfill Article 2 ECHR Obligations: Brown v SOSNI ([2025] NICA 16) Commentary

Date: Apr 4, 2025
Mandating Public Inquiries to Fulfill Article 2 ECHR Obligations: Brown v SOSNI ([2025] NICA 16) Commentary 1. Introduction Brown v Secretary of State for Northern Ireland ([2025] NICA 16) arises...
“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence

“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence

Date: Apr 4, 2025
“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence (Commentary on Miranda & Ors, R. v [2025] EWCA Crim 570) 1....
Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications

Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications

Date: Apr 4, 2025
Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications Introduction In Abdulrasul, R. v the Court of Appeal (Criminal Division)...
Clarifying Data Controller Status under GDPR for Unauthorized Personal Use of Work Devices

Clarifying Data Controller Status under GDPR for Unauthorized Personal Use of Work Devices

Date: Apr 4, 2025
Clarifying Data Controller Status under GDPR for Unauthorized Personal Use of Work Devices Introduction McShane v Data Protection Commission ([2025] IEHC 191) concerns a judicial review challenge by...
Inherent Jurisdiction to Authorise Cross-Border Transfer of Adults Lacking Capacity for Specialist Care

Inherent Jurisdiction to Authorise Cross-Border Transfer of Adults Lacking Capacity for Specialist Care

Date: Apr 4, 2025
Inherent Jurisdiction to Authorise Cross-Border Transfer of Adults Lacking Capacity for Specialist Care Introduction This commentary examines the High Court of Ireland’s ex tempore ruling in “In the...
Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550

Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550

Date: Apr 4, 2025
Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550 Introduction The Court of Appeal (Criminal Division) delivered judgment on 3 April 2025 in R v...
Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness

Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness

Date: Apr 3, 2025
Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness Introduction Shingleton, R. v ([2025] EWCA Crim 557)...
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