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  • Commentaries

interpreting-& Case Commentaries

Inherent Jurisdiction for Post-Brexit Recognition of Northern Ireland Administration Proceedings

Inherent Jurisdiction for Post-Brexit Recognition of Northern Ireland Administration Proceedings

Date: May 8, 2025
Inherent Jurisdiction for Post-Brexit Recognition of Northern Ireland Administration Proceedings Introduction This commentary examines the High Court of Ireland’s decision in Re: Mercer Agencies Ltd...
Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections

Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections

Date: May 8, 2025
Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections Introduction This commentary examines the Court of Appeal’s decision in The...
Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording

Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording

Date: May 8, 2025
Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording Introduction Z (A Child), Re [2025] EWCA Civ 594 is a landmark Court of Appeal decision addressing both the scope of...
“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986

“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986

Date: May 8, 2025
“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986 1. Introduction Bilta (UK) Ltd & Ors v Tradition...
Evidence-Based Domestic Violence Safety Orders & Proportional Ancillary Relief in Short-Term Marriages

Evidence-Based Domestic Violence Safety Orders & Proportional Ancillary Relief in Short-Term Marriages

Date: May 8, 2025
Evidence-Based Domestic Violence Safety Orders & Proportional Ancillary Relief in Short-Term Marriages 1. Introduction The High Court decision in E v N (Approved) [2025] IEHC 323 addresses two core...
Admitting Fresh Evidence on Circuit Court Appeals and Limits on Strike-Out Motions: Doyle v Leahy [2025] IEHC 266

Admitting Fresh Evidence on Circuit Court Appeals and Limits on Strike-Out Motions: Doyle v Leahy [2025] IEHC 266

Date: May 8, 2025
Admitting Fresh Evidence on Circuit Court Appeals and Limits on Strike-Out Motions: Doyle v Leahy [2025] IEHC 266 Introduction In Doyle v Leahy (Approved) [2025] IEHC 266, Michael Doyle (“the...
Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination

Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination

Date: May 8, 2025
Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination Introduction This landmark decision in Fasano v Reckitt...
“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350

“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350

Date: May 8, 2025
“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350 1....
Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review

Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review

Date: May 8, 2025
Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review Introduction Health Service Executive v A ([2025]...
Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002

Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002

Date: May 8, 2025
Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002 Introduction This appeal arises from Nazir & Anor v Begum ([2025] EWCA Civ 587), decided by...

        Rethinking “Public Rights” under Section 78 PCSC Act 2022:
        The Court of Appeal’s Five-Point Framework in AFY & Ors
        ([2025] EWCA Crim 769)

Rethinking “Public Rights” under Section 78 PCSC Act 2022: The Court of Appeal’s Five-Point Framework in AFY & Ors ([2025] EWCA Crim 769)

Date: May 8, 2025
Rethinking “Public Rights” under Section 78 PCSC Act 2022: The Court of Appeal’s Five-Point Framework in AFY & Ors ([2025] EWCA Crim 769) 1. Introduction AFY & Ors, R. v ([2025] EWCA Crim 769) marks...
Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258

Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258

Date: May 7, 2025
Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258 Introduction This commentary examines the High Court’s decision in Rogers v Director of Public...
Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD

Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD

Date: May 3, 2025
Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD Introduction R (The Duke of Sussex) v Secretary of State for the Home Department ([2025] EWCA Civ 548) is a...
Clarifying Cross-Examination Obligations in Inquisitorial International Protection Appeals

Clarifying Cross-Examination Obligations in Inquisitorial International Protection Appeals

Date: May 3, 2025
Clarifying Cross-Examination Obligations in Inquisitorial International Protection Appeals Introduction K.J. (a Georgian national) sought refugee or subsidiary protection in Ireland on the basis...
The “Sheer Blueness” Doctrine – High Court Refines Passing-Off, Survey-Evidence and Balance-of-Convenience Tests in Interlocutory Injunctions

The “Sheer Blueness” Doctrine – High Court Refines Passing-Off, Survey-Evidence and Balance-of-Convenience Tests in Interlocutory Injunctions

Date: May 3, 2025
The “Sheer Blueness” Doctrine – High Court Refines Passing-Off, Survey-Evidence and Balance-of-Convenience Tests in Interlocutory Injunctions 1. Introduction In Yoplait Ireland Ltd v Nutricia Ireland...
Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22

Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22

Date: May 3, 2025
Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22 Introduction This appeal arises from convictions of Richard Mullen for having offensive weapons in Perth Prison...
R v Alsaadoun ([2025] EWCA Crim 800):  “Showing-Off” Motive Held to be a Distinct Aggravating Factor in Category A Death-by-Dangerous-Driving Sentencing

R v Alsaadoun ([2025] EWCA Crim 800): “Showing-Off” Motive Held to be a Distinct Aggravating Factor in Category A Death-by-Dangerous-Driving Sentencing

Date: May 3, 2025
R v Alsaadoun ([2025] EWCA Crim 800): “Showing-Off” Motive Held to be a Distinct Aggravating Factor in Category A Death-by-Dangerous-Driving Sentencing 1. Introduction The Court of Appeal (Criminal...
Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA

Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA

Date: May 3, 2025
Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA Introduction This commentary examines the Court of Appeal’s decision in Beard v Commissioners for His Majesty’s Revenue...
Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption”

Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption”

Date: May 3, 2025
Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption” Introduction In National Council for Civil Liberties (Liberty) v Secretary of State for the Home Department ([2025] EWCA Civ...
Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence

Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence

Date: May 3, 2025
Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence Introduction Bratt v Jones [2025] EWCA Civ 562 is a landmark decision of the England and Wales Court of Appeal that...
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