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  • Commentaries

interpreting-& Case Commentaries

Discretion in Replaying Complainant Evidence and Summing Up: Principles from R v White [2025]

Discretion in Replaying Complainant Evidence and Summing Up: Principles from R v White [2025]

Date: Mar 27, 2025
Discretion in Replaying Complainant Evidence and Summing Up: Principles from R v White [2025] Introduction The Court of Appeal (Criminal Division) considered the appeal of Joshua White against his...
Clarifying the Limits of Extended Sentences for Historical Child-Offenders: The Significance of R v Maunders [2025] EWCA Crim 579

Clarifying the Limits of Extended Sentences for Historical Child-Offenders: The Significance of R v Maunders [2025] EWCA Crim 579

Date: Mar 27, 2025
Clarifying the Limits of Extended Sentences for Historical Child-Offenders: The Significance of R v Maunders [2025] EWCA Crim 579 1. Introduction R v Maunders concerned an appeal against sentence in...
Refinement of Statutory Minimum and Totality Principles in Multi-Count Sentencing: R v Thomason [2025] EWCA Crim 484

Refinement of Statutory Minimum and Totality Principles in Multi-Count Sentencing: R v Thomason [2025] EWCA Crim 484

Date: Mar 27, 2025
Refinement of Statutory Minimum and Totality Principles in Multi-Count Sentencing: R v Thomason [2025] EWCA Crim 484 Introduction This appeal arises from the Court of Appeal’s consideration of the...
Divisional Court’s Power to Quash Invalid Crown Court Indictments and Aggregate Sentencing Reform – Cummings, R v [2025] EWCA Crim 508

Divisional Court’s Power to Quash Invalid Crown Court Indictments and Aggregate Sentencing Reform – Cummings, R v [2025] EWCA Crim 508

Date: Mar 27, 2025
Divisional Court’s Power to Quash Invalid Crown Court Indictments and Aggregate Sentencing Reform: Cummings, R v [2025] EWCA Crim 508 Introduction The Court of Appeal (Criminal Division) decision in...
Judicial Review of Visa Applications: Affirming Ministerial Discretion under the 2015 Regulations

Judicial Review of Visa Applications: Affirming Ministerial Discretion under the 2015 Regulations

Date: Mar 26, 2025
Judicial Review of Visa Applications: Affirming Ministerial Discretion under the 2015 Regulations Introduction The judgment in S.K. v Minister for Justice (Approved) ([2025] IEHC 165) was delivered...
Refining the Scope of “Public Authority” Under Directive 2003/4: New Implications for Public Broadcasters

Refining the Scope of “Public Authority” Under Directive 2003/4: New Implications for Public Broadcasters

Date: Mar 26, 2025
Refining the Scope of “Public Authority” Under Directive 2003/4: New Implications for Public Broadcasters Introduction The High Court’s decision in Raidiό Teilifís Éireann v The Commissioner for...
New Precedent on Surrender for Extradition: Balancing Delay, Abuse of Process, and Correspondence under the 2003 Act

New Precedent on Surrender for Extradition: Balancing Delay, Abuse of Process, and Correspondence under the 2003 Act

Date: Mar 26, 2025
New Precedent on Surrender for Extradition: Balancing Delay, Abuse of Process, and Correspondence under the 2003 Act Introduction The judgment in Minister for Justice v O'Kane ([2025] IEHC 167),...
New Precedent: Affirming Valid Surrender Despite Extended Delay and Abuse of Process Claims

New Precedent: Affirming Valid Surrender Despite Extended Delay and Abuse of Process Claims

Date: Mar 26, 2025
New Precedent: Affirming Valid Surrender Despite Extended Delay and Abuse of Process Claims Introduction The case of Minister for Justice v Mc Nicholl (Approved) ([2025] IEHC 166) before the High...
The Admissibility of Victim Demeanor Evidence in Sexual Offence Cases

The Admissibility of Victim Demeanor Evidence in Sexual Offence Cases

Date: Mar 26, 2025
The Admissibility of Victim Demeanor Evidence in Sexual Offence Cases Introduction The case of BUV v R. ([2025] EWCA Crim 327) involves an appeal against a conviction in circumstances of serious...
Judicial Review of Summary Prosecutions Under Constitutional Limits: A New Precedent in Lynch v DPP & Ors

Judicial Review of Summary Prosecutions Under Constitutional Limits: A New Precedent in Lynch v DPP & Ors

Date: Mar 26, 2025
Judicial Review of Summary Prosecutions Under Constitutional Limits: A New Precedent in Lynch v DPP & Ors Introduction The case of Lynch v Director of Public Prosecutions & Ors ([2025] IEHC 159)...
The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge

The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge

Date: Mar 26, 2025
The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge Introduction The judgment in Grimes v Cork Circuit Court Judge & Anor (Approved)...
The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent

The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent

Date: Mar 26, 2025
The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent Introduction The judgment in Doyle & Ors v An Bord Pleanala & Ors ([2025]...
Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions

Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions

Date: Mar 26, 2025
Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions Introduction Tracey v Commissioner of An Garda Síochána [2025] IEHC 234 was decided by the...
New Precedent on Residual Discretion and Feasibility in Capacity Auctions

New Precedent on Residual Discretion and Feasibility in Capacity Auctions

Date: Mar 26, 2025
New Precedent on Residual Discretion and Feasibility in Capacity Auctions Introduction This commentary examines the recent judgment in the twin actions, Kilshane Energy Ltd v EirGrid PLC & Others and...
Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard

Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard

Date: Mar 25, 2025
Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard Introduction This commentary examines the Court of Appeal’s judgment in Expert Tooling And Automation Ltd v...
Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing

Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing

Date: Mar 25, 2025
Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing Introduction The case before the Scottish High Court of Justiciary, "Appeal against Sentence by RH against HMA ([2025]...
Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings

Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings

Date: Mar 25, 2025
Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings Introduction The judgment in Iain Urquhart v Stellantis Auto SAS and others by the Scottish Court of...
Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent

Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent

Date: Mar 25, 2025
Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent Introduction The case of Revenue and Customs v Innovative Bites Ltd ([2025] EWCA Civ 293)...
Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes

Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes

Date: Mar 25, 2025
Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes Introduction The case of F4 v Secretary of State for the Home Department ([2025]...
Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Date: Mar 25, 2025
Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment Introduction This commentary examines the High Court decision in Leech & Anor v An...
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