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  • Commentaries

interpreting-& Case Commentaries

Balancing Judicial Discretion and Child Welfare: Insights from A, B and C Re Judgment

Balancing Judicial Discretion and Child Welfare: Insights from A, B and C Re Judgment

Date: Feb 5, 2025
Balancing Judicial Discretion and Child Welfare: Insights from A, B and C Re Judgment Introduction The case of A, B and C Re (Child Arrangements: Final Order at Dispute Resolution Appointment)...
Doyle v Houston [2025] IEHC 35: Refining Judicial Recusal Standards Under the Bula Test

Doyle v Houston [2025] IEHC 35: Refining Judicial Recusal Standards Under the Bula Test

Date: Feb 5, 2025
Doyle v Houston [2025] IEHC 35: Refining Judicial Recusal Standards Under the Bula Test Introduction Doyle v Houston ([2025] IEHC 35) is a landmark judgment delivered by Mr. Justice Liam Kennedy of...
The Enforcement of Implicit Rent Agreement Provisions in Residential Tenancy Disputes: Byrne v Residential Tenancies Board (Approved)

The Enforcement of Implicit Rent Agreement Provisions in Residential Tenancy Disputes: Byrne v Residential Tenancies Board (Approved)

Date: Feb 5, 2025
The Enforcement of Implicit Rent Agreement Provisions in Residential Tenancy Disputes: Byrne v Residential Tenancies Board (Approved) Introduction The case of Byrne v Residential Tenancies Board...
Lambert v Rex: Clarifying the Totality Principle and Extended Sentences in Sexual Offence Cases

Lambert v Rex: Clarifying the Totality Principle and Extended Sentences in Sexual Offence Cases

Date: Feb 5, 2025
Lambert v Rex: Clarifying the Totality Principle and Extended Sentences in Sexual Offence Cases Introduction In Lambert v Rex ([2025] EWCA Crim 137), the England and Wales Court of Appeal (Criminal...
Balancing Aggravating and Mitigating Factors in Knife Crime Sentencing: The Castano-Coloque Precedent

Balancing Aggravating and Mitigating Factors in Knife Crime Sentencing: The Castano-Coloque Precedent

Date: Feb 5, 2025
Balancing Aggravating and Mitigating Factors in Knife Crime Sentencing: The Castano-Coloque Precedent Introduction The judgment in Castano-Coloque, R. v ([2025] EWCA Crim 36) represents an important...
Reinforced Occupier’s Duty of Care in Preventing Slip and Fall Accidents: Duddy v Allingham Arms Hotel

Reinforced Occupier’s Duty of Care in Preventing Slip and Fall Accidents: Duddy v Allingham Arms Hotel

Date: Feb 5, 2025
Reinforced Occupier’s Duty of Care in Preventing Slip and Fall Accidents: Duddy v Allingham Arms Hotel Introduction The case of Duddy v Allingham Arms Hotel trading as The Allingham Arms Hotel...
New Legal Precedent: Limiting Cost Awards in Statutory Environmental Enforcement Actions

New Legal Precedent: Limiting Cost Awards in Statutory Environmental Enforcement Actions

Date: Feb 5, 2025
New Legal Precedent: Limiting Cost Awards in Statutory Environmental Enforcement Actions Introduction The judgment in Malone v GCHL & Ors ([2025] IEHC 83) delivers an important legal determination on...
New Precedent in Extradition Proceedings: Balancing Procedural Fairness, Self‐Representation, and Evidentiary Standards

New Precedent in Extradition Proceedings: Balancing Procedural Fairness, Self‐Representation, and Evidentiary Standards

Date: Feb 5, 2025
New Precedent in Extradition Proceedings: Balancing Procedural Fairness, Self‐Representation, and Evidentiary Standards Introduction This commentary examines the recent High Court judgment in...
Continuous Legal Qualification for Sheriff Appointment: Interpretation of Section 14(1)(b)(ii) in Courts Reform (Scotland) Act 2014

Continuous Legal Qualification for Sheriff Appointment: Interpretation of Section 14(1)(b)(ii) in Courts Reform (Scotland) Act 2014

Date: Feb 4, 2025
Continuous Legal Qualification for Sheriff Appointment: Interpretation of Section 14(1)(b)(ii) in Courts Reform (Scotland) Act 2014 Introduction The case titled Special Case under section 27 of the...
Inclusion of Downstream Emissions in Environmental Impact Assessments: Establishing a New Precedent

Inclusion of Downstream Emissions in Environmental Impact Assessments: Establishing a New Precedent

Date: Feb 4, 2025
Inclusion of Downstream Emissions in Environmental Impact Assessments: Establishing a New Precedent Introduction The Greenpeace LTD & Uplift v Secretary of State for Business Energy and Industrial...
Rejection of Transferred Loss Claims in Scots Law: Insights from Arthur Simmers v Green Cat Renewables LTD

Rejection of Transferred Loss Claims in Scots Law: Insights from Arthur Simmers v Green Cat Renewables LTD

Date: Feb 4, 2025
Rejection of Transferred Loss Claims in Scots Law: Insights from Arthur Simmers v Green Cat Renewables LTD Introduction The case of Arthur Simmers against Green Cat Renewables LTD and Green Cat...
Clarifying the Threshold for Exceptional Public Importance in Appeals: Insights from X v International Protection Appeals Tribunal

Clarifying the Threshold for Exceptional Public Importance in Appeals: Insights from X v International Protection Appeals Tribunal

Date: Feb 4, 2025
Clarifying the Threshold for Exceptional Public Importance in Appeals: Insights from X v International Protection Appeals Tribunal & Ors ([2025] IEHC 50) Introduction The case of X v International...
High Court Sets Precedent on Procedural Directions for CJEU Referral: Thompson & Anor v An Bord Pleanála [2025] IEHC 41

High Court Sets Precedent on Procedural Directions for CJEU Referral: Thompson & Anor v An Bord Pleanála [2025] IEHC 41

Date: Feb 4, 2025
High Court Sets Precedent on Procedural Directions for CJEU Referral: Thompson & Anor v An Bord Pleanála [2025] IEHC 41 Introduction The case of Alex Thompson and Shahla Thompson v An Bord Pleanála,...
Sutton v Salumi Grazing Ltd: Establishing Grounds for Derivative Action in the Absence of Shareholder Agreements

Sutton v Salumi Grazing Ltd: Establishing Grounds for Derivative Action in the Absence of Shareholder Agreements

Date: Feb 4, 2025
Sutton v Salumi Grazing Ltd: Establishing Grounds for Derivative Action in the Absence of Shareholder Agreements Introduction The case of Sutton v Salumi Grazing Ltd T/A Salumi Grazing & Ors...
Pepper Finance Corporation v Meredith: Establishing Criteria for Summary Possession Orders

Pepper Finance Corporation v Meredith: Establishing Criteria for Summary Possession Orders

Date: Feb 4, 2025
Pepper Finance Corporation v Meredith: Establishing Criteria for Summary Possession Orders 1. Introduction In the High Court of Ireland case Pepper Finance Corporation [Ireland] Designated Activity...
Credibility and Materiality in International Protection Appeals: Insights from OM v International Protection Appeals Tribunal

Credibility and Materiality in International Protection Appeals: Insights from OM v International Protection Appeals Tribunal

Date: Feb 4, 2025
Credibility and Materiality in International Protection Appeals: Insights from OM v International Protection Appeals Tribunal 1. Introduction The case of OM v International Protection Appeals...
O' Mahoney v Minister for Health: Establishing Mootness in Constitutional Challenges

O' Mahoney v Minister for Health: Establishing Mootness in Constitutional Challenges

Date: Feb 4, 2025
O' Mahoney v Minister for Health: Establishing Mootness in Constitutional Challenges Introduction The case O' Mahoney v Minister for Health & Ors (Approved) ([2025] IEHC 45) was adjudicated by the...
Clarity and Correspondence in European Arrest Warrants: Insights from Minister for Justice v Samko [2025] IEHC 52

Clarity and Correspondence in European Arrest Warrants: Insights from Minister for Justice v Samko [2025] IEHC 52

Date: Feb 4, 2025
Clarity and Correspondence in European Arrest Warrants: Insights from Minister for Justice v Samko [2025] IEHC 52 Introduction In the landmark case of Minister for Justice v Samko ([2025] IEHC 52),...
Establishing Jurisdiction and Overcoming Abuse of Process: High Court's Ruling in Minister for Justice v Donegan (2025) IEHC 53

Establishing Jurisdiction and Overcoming Abuse of Process: High Court's Ruling in Minister for Justice v Donegan (2025) IEHC 53

Date: Feb 4, 2025
Establishing Jurisdiction and Overcoming Abuse of Process: High Court's Ruling in Minister for Justice v Donegan (2025) IEHC 53 Introduction In the landmark case of Minister for Justice v Donegan...
Limits on Certification of Appeal Points in Planning Law: GOCE Ltd v An Bord Pleanála

Limits on Certification of Appeal Points in Planning Law: GOCE Ltd v An Bord Pleanála

Date: Feb 4, 2025
Limits on Certification of Appeal Points in Planning Law: GOCE Ltd v An Bord Pleanála Introduction The case of GOCE Ltd v An Bord Pleanála (Approved) ([2025] IEHC 43) was adjudicated by the High...
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