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  • Commentaries

interpreting-& Case Commentaries

New Precedent: Appointing an Independent DMR to Protect Vulnerable Adults in Complex Family Disputes

New Precedent: Appointing an Independent DMR to Protect Vulnerable Adults in Complex Family Disputes

Date: Feb 14, 2025
New Precedent: Appointing an Independent DMR to Protect Vulnerable Adults in Complex Family Disputes Introduction The judgment in In the Matter of A, [A Ward of Court] ([2025] IEHC 112) represents a...
Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies – Commentary on Blower & Ors, R. v [2025] EWCA Crim 747

Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies – Commentary on Blower & Ors, R. v [2025] EWCA Crim 747

Date: Feb 14, 2025
Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies Commentary on Blower & Ors, R. v [2025] EWCA Crim 747 Introduction The decision of the Court of...
Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978

Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978

Date: Feb 13, 2025
Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978 Introduction This commentary addresses the Court of Appeal’s decision in Hulley Enterprises Ltd &...
Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance

Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance

Date: Feb 13, 2025
Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance 1. Introduction The Judgment in Hughes v HM Revenue & Customs & Anor...
Consent Orders in Family Law Proceedings: Clarification of the Limits on Appeals

Consent Orders in Family Law Proceedings: Clarification of the Limits on Appeals

Date: Feb 13, 2025
Consent Orders in Family Law Proceedings: Clarification of the Limits on Appeals 1. Introduction The judgment in R v C (Appeal of Consent Order) ([2025] IEHC 76) addresses the circumstances in which...
A New Legal Framework for Judicial Review Factual Disputes: Irish Skydiving Club CLG & Anor v Irish Aviation Authority DAC

A New Legal Framework for Judicial Review Factual Disputes: Irish Skydiving Club CLG & Anor v Irish Aviation Authority DAC

Date: Feb 13, 2025
A New Legal Framework for Judicial Review Factual Disputes: Irish Skydiving Club CLG & Anor v Irish Aviation Authority DAC 1. Introduction In the judgment of Irish Skydiving Club CLG & Anor v Irish...
“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109)

“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109)

Date: Feb 13, 2025
“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109) 1. Introduction This commentary...
Substitution of Plaintiffs in Dormant Proceedings: Everyday Finance DAC v O'Shea [2025] IEHC 75

Substitution of Plaintiffs in Dormant Proceedings: Everyday Finance DAC v O'Shea [2025] IEHC 75

Date: Feb 13, 2025
Substitution of Plaintiffs in Dormant Proceedings: Everyday Finance DAC v O'Shea [2025] IEHC 75 1. Introduction The High Court Judgment in Everyday Finance DAC v O'Shea ([2025] IEHC 75) addresses the...
“Extended Scope of ‘Immovable Property’ in Double Taxation Treaties”—A Commentary on Royal Bank of Canada v HMRC ([2025] UKSC 2)

“Extended Scope of ‘Immovable Property’ in Double Taxation Treaties”—A Commentary on Royal Bank of Canada v HMRC ([2025] UKSC 2)

Date: Feb 13, 2025
Introduction The case of Royal Bank of Canada v Commissioners for His Majesty’s Revenue and Customs ([2025] UKSC 2) involves a detailed analysis of Article 6(2) of the UK–Canada Double Taxation...
Clarifying the Territorial Scope of “Conduct” under Section 137 of the Extradition Act 2003

Clarifying the Territorial Scope of “Conduct” under Section 137 of the Extradition Act 2003

Date: Feb 13, 2025
Clarifying the Territorial Scope of “Conduct” under Section 137 of the Extradition Act 2003 Introduction The Supreme Court’s decision in El-Khouri v Government of the United States of America ([2025]...
Establishing the Boundaries of Objective Bias: Commentary on Kelly v University College Dublin ([2025] IESC 6)

Establishing the Boundaries of Objective Bias: Commentary on Kelly v University College Dublin ([2025] IESC 6)

Date: Feb 13, 2025
Establishing the Boundaries of Objective Bias: Commentary on Kelly v University College Dublin ([2025] IESC 6) Introduction Kelly v University College Dublin (Approved) ([2025] IESC 6) is a landmark...
Duty of Care in Remote Triage: Precedent Set by Lynda O'Neill v Scottish Ambulance Service Board

Duty of Care in Remote Triage: Precedent Set by Lynda O'Neill v Scottish Ambulance Service Board

Date: Feb 13, 2025
Duty of Care in Remote Triage: Precedent Set by Lynda O'Neill v Scottish Ambulance Service Board Introduction The case of Lynda O'Neill and others against Scottish Ambulance Service Board ([2025]...
Surrender Under TCAW: High Court Establishes One-Step Test for Fundamental Rights Protection

Surrender Under TCAW: High Court Establishes One-Step Test for Fundamental Rights Protection

Date: Feb 13, 2025
Surrender Under TCAW: High Court Establishes One-Step Test for Fundamental Rights Protection Introduction In the landmark case of Minister for Justice v Dumitri [AKA Cerban] (Approved) ([2025] IEHC...
High Court Upholds the Necessity for Quantified Measures in Climate Action Plans: Friends of the Irish Environment v Minister for Environment (2025) IEHC 61

High Court Upholds the Necessity for Quantified Measures in Climate Action Plans: Friends of the Irish Environment v Minister for Environment (2025) IEHC 61

Date: Feb 13, 2025
High Court Upholds the Necessity for Quantified Measures in Climate Action Plans: Friends of the Irish Environment v Minister for Environment (2025) IEHC 61 Introduction In the landmark case of...
DD v Minister for Justice [2025] IEHC 67: High Court Affirms Strict Interpretation of Section 16 Discretion in Naturalisation Applications

DD v Minister for Justice [2025] IEHC 67: High Court Affirms Strict Interpretation of Section 16 Discretion in Naturalisation Applications

Date: Feb 13, 2025
DD v Minister for Justice [2025] IEHC 67 High Court Affirms Strict Interpretation of Section 16 Discretion in Naturalisation Applications Introduction In the case of DD v Minister for Justice ([2025]...
High Court Establishes Precedent on Disincentives to Switching in Electronic Communications Contracts

High Court Establishes Precedent on Disincentives to Switching in Electronic Communications Contracts

Date: Feb 13, 2025
High Court Establishes Precedent on Disincentives to Switching in Electronic Communications Contracts Introduction In the landmark case of Commission for Communications Regulation v Virgin Media...
Affirming the Power to Vary Final Anti-Suit Injunctions under CPR Part 3.1(7): Unicredit Bank GmbH v Ruschemalliance LLC ([2025] EWCA Civ 99)

Affirming the Power to Vary Final Anti-Suit Injunctions under CPR Part 3.1(7): Unicredit Bank GmbH v Ruschemalliance LLC ([2025] EWCA Civ 99)

Date: Feb 13, 2025
Affirming the Power to Vary Final Anti-Suit Injunctions under CPR Part 3.1(7): Unicredit Bank GmbH v Ruschemalliance LLC ([2025] EWCA Civ 99) Introduction The case of UniCredit Bank GmbH v...
Precedent on Tender Offers and Differential Costs in Multi-Collision Claims

Precedent on Tender Offers and Differential Costs in Multi-Collision Claims

Date: Feb 13, 2025
Precedent on Tender Offers and Differential Costs in Multi-Collision Claims Introduction This commentary examines the High Court’s decision in Rezmuves v Simons ([2025] IEHC 227), which addresses the...
Central Role in Conspiracy: Establishing the Weight of Aggressive Conduct in Sentencing

Central Role in Conspiracy: Establishing the Weight of Aggressive Conduct in Sentencing

Date: Feb 12, 2025
Central Role in Conspiracy: Establishing the Weight of Aggressive Conduct in Sentencing Introduction This commentary examines the recent judgment in the case of Steven, R. v ([2025] EWCA Crim 154)...
R v BQL & AKO: The Court of Appeal Re-states the Capacity Test and Tightens the Galbraith Gatekeeping Function in Alcohol-Related Sexual Offence Trials

R v BQL & AKO: The Court of Appeal Re-states the Capacity Test and Tightens the Galbraith Gatekeeping Function in Alcohol-Related Sexual Offence Trials

Date: Feb 12, 2025
R v BQL & AKO: The Court of Appeal Re-states the Capacity Test and Tightens the Galbraith Gatekeeping Function in Alcohol-Related Sexual Offence Trials 1. Introduction In BQL & Anor, R. v ([2025]...
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