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  • Commentaries

interpreting-& Case Commentaries

Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284)

Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284)

Date: May 16, 2025
Limitation Extensions in Defamation: Exceptional Jurisdiction Clarified in Logan v Wilson ([2025] IEHC 284) Introduction The High Court of Ireland’s decision in Logan v Wilson & Anor ([2025] IEHC...
Reaffirming the Holistic Sentencing Approach: Rejecting Quasi-Mathematical Analysis in Unduly Lenient References — Commentary on R v Vickers [2025] EWCA Crim 740

Reaffirming the Holistic Sentencing Approach: Rejecting Quasi-Mathematical Analysis in Unduly Lenient References — Commentary on R v Vickers [2025] EWCA Crim 740

Date: May 16, 2025
Reaffirming the Holistic Sentencing Approach: Rejecting Quasi-Mathematical Analysis in Unduly Lenient References — Commentary on R v Vickers [2025] EWCA Crim 740 1. Introduction The Court of Appeal...
No Unreasoned Totality Reductions & the Duty to Weight Lead Counts: A Commentary on R v Crewe [2025] EWCA Crim 741

No Unreasoned Totality Reductions & the Duty to Weight Lead Counts: A Commentary on R v Crewe [2025] EWCA Crim 741

Date: May 16, 2025
No Unreasoned Totality Reductions & the Duty to Weight Lead Counts: The Crewe Principle from R v Crewe [2025] EWCA Crim 741 1. Introduction R v Crewe ([2025] EWCA Crim 741) is a Sentence Reference...
Robinson v R – A New Emphasis on Corroborated Excuses and Material Relevance in Late Criminal Appeals

Robinson v R – A New Emphasis on Corroborated Excuses and Material Relevance in Late Criminal Appeals

Date: May 16, 2025
Robinson v R – A New Emphasis on Corroborated Excuses and Material Relevance in Late Criminal Appeals Introduction In Robinson, R. v ([2025] EWCA Crim 689) the Court of Appeal (Criminal Division) was...
The “James Departure”: Judicial Scope to Exceed Guideline Ranges in Serial Assault-by-Penetration Cases

The “James Departure”: Judicial Scope to Exceed Guideline Ranges in Serial Assault-by-Penetration Cases

Date: May 16, 2025
The “James Departure”: Judicial Scope to Exceed Guideline Ranges in Serial Assault-by-Penetration Cases Introduction James, R. v ([2025] EWCA Crim 808) is a Court of Appeal (Criminal Division)...
Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005

Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005

Date: May 16, 2025
Mulligan v Commissioner of An Garda Síochána: Duty to Provide Adequate Reasons and Ensure Fair, Expeditious Suspension and Disciplinary Review under the Garda Síochána Act 2005 Introduction Mulligan...
DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards

DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards

Date: May 16, 2025
DF v CK: Part III of the Family Law Act 1995 Confirmed as an Enforcement Mechanism for Unpaid Foreign Divorce Awards Introduction DF v CK ([2025] IEHC 343) is a landmark decision of the High Court of...
Guidance on Fresh Evidence Admission and Category A2 Sentencing: Zhang v R [2025] EWCA Crim 639

Guidance on Fresh Evidence Admission and Category A2 Sentencing: Zhang v R [2025] EWCA Crim 639

Date: May 16, 2025
Guidance on Fresh Evidence Admission and Category A2 Sentencing: Zhang v R [2025] EWCA Crim 639 Introduction In Zhang, R. v ([2025] EWCA Crim 639), the Court of Appeal (Criminal Division) addressed...
Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications

Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications

Date: May 16, 2025
Scope of Arbitration Agreements in Corporate Winding-Up Proceedings and Costs of Moot Applications Introduction SK Fishing Limited v Companies Act (Approved) [2025] IEHC 235 is a High Court decision...
Ross Clarifies Category-1 Harm for Inchoate Firearm Conspiracies Connected to Large-Scale Drug Enterprises

Ross Clarifies Category-1 Harm for Inchoate Firearm Conspiracies Connected to Large-Scale Drug Enterprises

Date: May 16, 2025
Ross Clarifies Category-1 Harm for Inchoate Firearm Conspiracies Connected to Large-Scale Drug Enterprises Introduction Ross, R. v ([2025] EWCA Crim 691) is a decision of the Court of Appeal...
Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe

Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe

Date: May 15, 2025
Lis Pendens Vacatur Upon Determination: Interpreting Section 123(a)(i) in Martin v O’Keeffe Introduction The High Court judgment in Martin v O’Keeffe & Anor ([2025] IEHC 272) addresses the...
The BXQ Framework: Clarifying Joint-Enterprise Liability for Continuing Assaults After Initial Grievous Injury

The BXQ Framework: Clarifying Joint-Enterprise Liability for Continuing Assaults After Initial Grievous Injury

Date: May 15, 2025
The BXQ Framework: Clarifying Joint-Enterprise Liability for Continuing Assaults After Initial Grievous Injury 1. Introduction The Court of Appeal (Criminal Division) decision in R v BXQ ([2025] EWCA...
Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd

Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd

Date: May 15, 2025
Flexible Joinder of Corporate Directors Under Order 15: Establishing Personal Liability in Duffy v MSCL Ltd Introduction This commentary examines the High Court of Ireland’s decision in Duffy v MSCL...
The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice

The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice

Date: May 15, 2025
The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice Introduction This commentary examines the Court of Appeal’s...
“Pending but Not Yet Law” – The High Court Charts the Limits of Judicial Reliance on Draft Personal Injury Guidelines

“Pending but Not Yet Law” – The High Court Charts the Limits of Judicial Reliance on Draft Personal Injury Guidelines

Date: May 15, 2025
“Pending but Not Yet Law” – The High Court Charts the Limits of Judicial Reliance on Draft Personal Injury Guidelines 1. Introduction Case: Somers v Commission­er of An Garda Síochána & Ors [2025]...
Privity of Interest and Abuse of Process: Harrington v SRF Ltd & Ors

Privity of Interest and Abuse of Process: Harrington v SRF Ltd & Ors

Date: May 15, 2025
Privity of Interest and Abuse of Process: Harrington v SRF Ltd & Ors Introduction Harrington v SRF Ltd & Ors [2025] IEHC 252 concerned John Harrington’s attempt to vacate or nullify a default...
Coroner’s Duty to Review Witness Anonymity Before Inquest Closure and the Scope of Functus Officio

Coroner’s Duty to Review Witness Anonymity Before Inquest Closure and the Scope of Functus Officio

Date: May 14, 2025
Coroner’s Duty to Review Witness Anonymity Before Inquest Closure and the Scope of Functus Officio Introduction This appeal arises from William Thompson’s application for judicial review challenging...
Clarifying “Person” in the Courts (No.3) Act: Authorising Unincorporated Solicitor Firms to Apply for District Court Summonses

Clarifying “Person” in the Courts (No.3) Act: Authorising Unincorporated Solicitor Firms to Apply for District Court Summonses

Date: May 14, 2025
Clarifying “Person” in the Courts (No.3) Act: Authorising Unincorporated Solicitor Firms to Apply for District Court Summonses Introduction This commentary examines the landmark Supreme Court...
Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention

Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention

Date: May 14, 2025
Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention 1. Introduction This commentary examines the England & Wales Court of Appeal’s decision in HM Treasury &...
Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims

Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims

Date: May 14, 2025
Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims Introduction QY (Vietnam) v Secretary of State for the Home Department [2025] EWCA Civ...
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