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  • Commentaries

interpreting-& Case Commentaries

“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences

“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences

Date: May 14, 2025
“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences Introduction Edun, R. v ([2025] EWCA Crim 735) is a seminal Court of Appeal...
Inclusive Interpretation of “Person” under s.1(6)(a) of the Courts (No. 3) Act 1986: Unincorporated Associations’ Right to Apply for Summons Affirmed

Inclusive Interpretation of “Person” under s.1(6)(a) of the Courts (No. 3) Act 1986: Unincorporated Associations’ Right to Apply for Summons Affirmed

Date: May 14, 2025
Inclusive Interpretation of “Person” under s.1(6)(a) of the Courts (No. 3) Act 1986: Unincorporated Associations’ Right to Apply for Summons Affirmed 1. Introduction This landmark decision arises...
Duty to Provide Adequate Reasons for Refusal of Enhanced Remission and Mootness of Post-Release Challenges

Duty to Provide Adequate Reasons for Refusal of Enhanced Remission and Mootness of Post-Release Challenges

Date: May 14, 2025
Duty to Provide Adequate Reasons for Refusal of Enhanced Remission and Mootness of Post-Release Challenges Introduction H.S. v. Minister for Justice ([2025] IEHC 271) is a High Court Judicial Review...
Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders

Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders

Date: May 14, 2025
Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders Introduction In Carvill-Biggs & Anor v Reading [2025] EWCA Civ 619, the...
Discovery in Summary Appeal Proceedings: Limitation of Pre-Hearing Documentary Applications

Discovery in Summary Appeal Proceedings: Limitation of Pre-Hearing Documentary Applications

Date: May 14, 2025
Discovery in Summary Appeal Proceedings: Limitation of Pre-Hearing Documentary Applications Introduction The High Court of Ireland’s decision in Tanager DAC & Anor v Doyle & Anor ([2025] IEHC 275)...
Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases

Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases

Date: May 14, 2025
Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases Introduction In Ahmed & Ors, R v ([2025] EWCA Crim 732)...
Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction

Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction

Date: May 14, 2025
Equitable Duty of Diligence: Discharge of Prolonged Interlocutory Injunction Against Receiver’s Inaction Introduction Tweedswood Ltd & anor v Power (Approved) [2025] IESC 18 is a Supreme Court of...
Interlocutory Injunctions: Duty to Expedite Proceedings and Appellate Oversight

Interlocutory Injunctions: Duty to Expedite Proceedings and Appellate Oversight

Date: May 14, 2025
Interlocutory Injunctions: Duty to Expedite Proceedings and Appellate Oversight Introduction Tweedswood Ltd & anor v Power [2025] IESC 18 is a landmark Supreme Court of Ireland decision that...
Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge

Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge

Date: May 14, 2025
Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge Introduction Bibi, R (On the Application Of) v Secretary of State for the...
EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements

EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements

Date: May 13, 2025
EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements Introduction The Court of Appeal in Northern Ireland handed down its...
Immediate Costs Awards under Order 99, Rule 2(5): Clarifying Cost Payments in Jurisdiction and Discovery Motions

Immediate Costs Awards under Order 99, Rule 2(5): Clarifying Cost Payments in Jurisdiction and Discovery Motions

Date: May 13, 2025
Immediate Costs Awards under Order 99, Rule 2(5): Clarifying Cost Payments in Jurisdiction and Discovery Motions Introduction This commentary examines the High Court’s costs ruling in Yasar v CCC...
“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19

“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19

Date: May 13, 2025
“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19 1. Introduction The...
Clarifying Harm Categories for Low-Level Child Sexual Activity: BZG & Anor [2025] EWCA Crim 598

Clarifying Harm Categories for Low-Level Child Sexual Activity: BZG & Anor [2025] EWCA Crim 598

Date: May 10, 2025
Clarifying Harm Categories for Low-Level Child Sexual Activity Introduction The appeal in R v BZG & ARY [2025] EWCA Crim 598 arises from an Attorney General referral under section 36 of the Criminal...
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Date: May 10, 2025
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements Introduction This commentary examines the Inner House decision in CD v ND ([2025] CSIH 12), delivered...
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Date: May 10, 2025
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors Introduction Lorenz v Caruana & Ors ([2025] EWCA Civ 606) is a Court of Appeal decision concerning the viability of a claim...
Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Date: May 10, 2025
Self-Protective Carrying as “Weapon Availability”: New Principle under Schedule 21 1. Introduction Ogonowska v R ([2025] EWCA Crim 604) is a Court of Appeal (Criminal Division) decision handed down...
Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act

Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act

Date: May 10, 2025
Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act Introduction Kelleher v Irish Prison Service & Ors [2025] IEHC 253 is a High Court...
Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997

Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997

Date: May 10, 2025
Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997 Introduction Revenue Commissioners v Getty Images International ULC ([2025] IEHC 268) is...
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Date: May 10, 2025
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC Introduction The Court of Appeal’s decision in Beach v South Hams District Council ([2025]...
Validation of Substituted Service via Social Media in Irish Family Law

Validation of Substituted Service via Social Media in Irish Family Law

Date: May 10, 2025
Validation of Substituted Service via Social Media in Irish Family Law 1. Introduction In S S & Ors v A Tax Appeal Commissioner (Approved) [2025] IECA 96 (commonly referred to as J v H in the High...
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