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  • Commentaries

interpreting-& Case Commentaries

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Date: May 27, 2025
Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast) Introduction This commentary examines the Supreme Court of Ireland’s landmark decision in Scully v...
Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Date: May 27, 2025
Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965 Introduction The Estate of Michael Joseph McNally [Deceased], Re ([2025] IEHC 299) is a High Court probate...
No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act

No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act

Date: May 24, 2025
No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act Introduction This case concerns an appeal by the Manchester Ship Canal Company Ltd (“MSC”)...
Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Date: May 24, 2025
Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296) Introduction This case concerns a dispute between Sunward Holdings Limited (“Sunward”), the...
“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting”

“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting”

Date: May 24, 2025
“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting” Introduction Bhundia v Dhar (Re Five Delta Ltd – Insolvency Act 1986) [2025] EWHC 1227 (Ch) is a Court of...
Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules

Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules

Date: May 24, 2025
Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules Introduction This case, Secretary of State for Health and Social Care & Ors v Lundbeck Ltd &...
Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R

Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R

Date: May 24, 2025
Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R Introduction De Zoysa v R ([2025] EWCA Crim 668) is a landmark Court...
Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29

Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29

Date: May 24, 2025
Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29 1. Introduction R v Beckett [2025] NICA 29 concerns a reference brought by the Director of...
“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence

“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence

Date: May 24, 2025
“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence 1. Introduction R v Humphreys ([2025] EWCA Crim 743) is the latest...
Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS)

Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS)

Date: May 24, 2025
Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS) Introduction Mustaj v Secretary of State for the Home Department ([2025] EWCA Civ 663) is a Court of Appeal decision...
Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Date: May 24, 2025
Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified Introduction This commentary examines the High Court’s decision in...
De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

Date: May 24, 2025
De Novo Review and Oral-Hearing Discretion in International Protection Appeals Introduction M.M.S. v International Protection Appeals Tribunal & Ors [2025] IEHC 294 is a High Court judgment of Mr...
Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the HRA

Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the HRA

Date: May 24, 2025
Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the Human Rights Act 1998 Introduction This commentary examines the Court of Appeal decision in Tortoise...
Limitation on Credit for Post-Sentence Bail under Qualifying Curfew Conditions – Layden v R [2025] EWCA Crim 659

Limitation on Credit for Post-Sentence Bail under Qualifying Curfew Conditions – Layden v R [2025] EWCA Crim 659

Date: May 24, 2025
Limitation on Credit for Post-Sentence Bail under Qualifying Curfew Conditions Introduction Layden v R [2025] EWCA Crim 659 is a decision of the England and Wales Court of Appeal (Criminal Division)...
Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766

Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766

Date: May 24, 2025
Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766 Introduction Payne v R is a Court of Appeal (Criminal Division) decision that...
Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Date: May 24, 2025
Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act Introduction In Pszonka v Residential Tenancies Board (Approved) [2025] IEHC 291,...
Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Date: May 23, 2025
Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289 1. Introduction In the High Court judgment of Howley v S & Ors ([2025] IEHC 289), Mr...
Rationality and Proportionality in Certificate of Travel Decisions:  
KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675)

Rationality and Proportionality in Certificate of Travel Decisions: KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675)

Date: May 23, 2025
Rationality and Proportionality in Certificate of Travel Decisions: KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675) Introduction KH, R (On the Application Of) v Secretary of State for the...
Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723

Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723

Date: May 23, 2025
Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723 1. Introduction The Court of Appeal...
Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences

Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences

Date: May 23, 2025
Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences Introduction The judgment in Hudson, R. v ([2025] EWCA Crim...
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