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  • Commentaries

interpreting-& Case Commentaries

Establishing Priority of Executor Legal Costs in Insolvent Estates: A New Guideline from AIB Mortgage Bank v Kelly & Ors ([2025] IEHC 34)

Establishing Priority of Executor Legal Costs in Insolvent Estates: A New Guideline from AIB Mortgage Bank v Kelly & Ors ([2025] IEHC 34)

Date: Jan 30, 2025
Establishing Priority of Executor Legal Costs in Insolvent Estates: A New Guideline from AIB Mortgage Bank v Kelly & Ors ([2025] IEHC 34) Introduction The High Court of Ireland's decision in AIB...
The Supreme Court Defines the Limits of Habeas Corpus in Care Proceedings

The Supreme Court Defines the Limits of Habeas Corpus in Care Proceedings

Date: Jan 30, 2025
The Supreme Court Defines the Limits of Habeas Corpus in Care Proceedings 1. Introduction In The Father v Worcestershire County Council ([2025] UKSC 1), the United Kingdom Supreme Court addressed...
Cave Projects LTD v Gilhooley: Supreme Court Establishes Non-Retroactivity of Credit Servicing Regulations

Cave Projects LTD v Gilhooley: Supreme Court Establishes Non-Retroactivity of Credit Servicing Regulations

Date: Jan 30, 2025
Cave Projects LTD v Gilhooley: Supreme Court Establishes Non-Retroactivity of Credit Servicing Regulations Introduction Cave Projects LTD v Peter Gilhooley, John Kelly, John Moroney, Rory O'Brien,...
Declaratory Contempt in Plenary Proceedings: Insights from B v The Child & Family Agency & ors [2025] IESC 2

Declaratory Contempt in Plenary Proceedings: Insights from B v The Child & Family Agency & ors [2025] IESC 2

Date: Jan 30, 2025
Declaratory Contempt in Plenary Proceedings: Insights from B v The Child & Family Agency & ors [2025] IESC 2 Introduction The case B v The Child & Family Agency & ors ([2025] IESC 2) represents a...
Liberal Approach to Amending Pleadings Under O.28, Rule 1 RSC: Insights from Skoczylas v The Minister for Finance

Liberal Approach to Amending Pleadings Under O.28, Rule 1 RSC: Insights from Skoczylas v The Minister for Finance

Date: Jan 30, 2025
Liberal Approach to Amending Pleadings Under O.28, Rule 1 RSC: Insights from Skoczylas v The Minister for Finance Introduction The High Court of Ireland, in the landmark case Skoczylas v The Minister...
Enhanced Sentencing Guidelines for Parental Sexual Offenses: Insights from Crown Appeal against Sentence by HMA against RB

Enhanced Sentencing Guidelines for Parental Sexual Offenses: Insights from Crown Appeal against Sentence by HMA against RB

Date: Jan 29, 2025
Enhanced Sentencing Guidelines for Parental Sexual Offenses: Insights from Crown Appeal against Sentence by HMA against RB Introduction The case of Crown Appeal against Sentence by HMA against RB...
Affirmation of Section 11A: Limiting Judicial Review Confirmed under Parliamentary Sovereignty and the Rule of Law

Affirmation of Section 11A: Limiting Judicial Review Confirmed under Parliamentary Sovereignty and the Rule of Law

Date: Jan 29, 2025
Affirmation of Section 11A: Limiting Judicial Review Confirmed under Parliamentary Sovereignty and the Rule of Law Introduction The case of Reclaiming Motion in Petition for Judicial Review by Ragbir...
Duty of Care in Public Authority Contracts: Insights from Biffa Waste Services Ltd v Scottish Ministers

Duty of Care in Public Authority Contracts: Insights from Biffa Waste Services Ltd v Scottish Ministers

Date: Jan 29, 2025
Duty of Care in Public Authority Contracts: Insights from Biffa Waste Services Ltd v Scottish Ministers Introduction The case of Biffa Waste Services Limited against the Scottish Ministers ([2025]...
Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Marks: Reinforcing the Interpretation of SPC Regulations Post-Brexit

Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Marks: Reinforcing the Interpretation of SPC Regulations Post-Brexit

Date: Jan 29, 2025
Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Marks: Reinforcing the Interpretation of SPC Regulations Post-Brexit Introduction The case of Merck Serono SA v...
Integration of Media Claim Cost Provisions with Qualified One-way Costs Shifting in Personal Injury Claims: Analysis of Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44

Integration of Media Claim Cost Provisions with Qualified One-way Costs Shifting in Personal Injury Claims: Analysis of Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44

Date: Jan 29, 2025
Integration of Media Claim Cost Provisions with Qualified One-way Costs Shifting in Personal Injury Claims: Analysis of Birley & Anor v Heritage Independent Living Ltd [2025] EWCA Civ 44 Introduction...
Enforcement of RAND Obligations in SEP Licensing: Insights from Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors

Enforcement of RAND Obligations in SEP Licensing: Insights from Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors

Date: Jan 29, 2025
Enforcement of RAND Obligations in SEP Licensing: Insights from Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors Introduction The case of Alcatel Lucent SAS v Amazon Digital UK Ltd & Ors ([2025] EWCA...
Stacey, R. v ([2025] EWCA Crim 141): Clarifying the Role of Grooming and Planning in Sexual Offences

Stacey, R. v ([2025] EWCA Crim 141): Clarifying the Role of Grooming and Planning in Sexual Offences

Date: Jan 29, 2025
Stacey, R. v ([2025] EWCA Crim 141): Clarifying the Role of Grooming and Planning in Sexual Offences 1. Introduction The Court of Appeal’s decision in Stacey, R. v ([2025] EWCA Crim 141) grapples...

      The Principle of Balancing Mitigation and Aggravation: Adjusting Sentencing in Cases Involving Youth, Maturity, and Procedural Delays

The Principle of Balancing Mitigation and Aggravation: Adjusting Sentencing in Cases Involving Youth, Maturity, and Procedural Delays

Date: Jan 29, 2025
The Principle of Balancing Mitigation and Aggravation: Adjusting Sentencing in Cases Involving Youth, Maturity, and Procedural Delays Introduction The judgment in Dalkin, R. v ([2025] EWCA Crim 117)...
Reaffirming the Last-Resort Principle: Proportionality and Persistent Danger in Life Sentencing

Reaffirming the Last-Resort Principle: Proportionality and Persistent Danger in Life Sentencing

Date: Jan 29, 2025
Reaffirming the Last-Resort Principle: Proportionality and Persistent Danger in Life Sentencing Introduction The case of Pitman, R. v ([2025] EWCA Crim 116) presents a challenging scenario in...
Expanding the Bounds of Liberal Amendment under Order 28: Balancing Prejudice and Procedural Fairness

Expanding the Bounds of Liberal Amendment under Order 28: Balancing Prejudice and Procedural Fairness

Date: Jan 29, 2025
Expanding the Bounds of Liberal Amendment under Order 28: Balancing Prejudice and Procedural Fairness Introduction The High Court of Ireland’s judgment in Kelly v Fennell & Ors ([2025] IEHC 82)...
Balancing Aggravation and Mitigation in Unsafe Driving: New Precedents from R v Dagnall

Balancing Aggravation and Mitigation in Unsafe Driving: New Precedents from R v Dagnall

Date: Jan 29, 2025
Balancing Aggravation and Mitigation in Unsafe Driving: New Precedents from R v Dagnall Introduction The case of R v Dagnall ([2025] EWCA Crim 202) before the England and Wales Court of Appeal...
Establishment of Decision Making Representative Role under the Assisted Decision-Making Capacity Act 2015

Establishment of Decision Making Representative Role under the Assisted Decision-Making Capacity Act 2015

Date: Jan 29, 2025
Establishment of Decision Making Representative Role under the Assisted Decision-Making Capacity Act 2015 Introduction The High Court of Ireland rendered a significant judgment in the case titled In...
Stokes v The King [2025]: Upholding Admissibility of EncroChat Evidence Amidst Jury Irregularities

Stokes v The King [2025]: Upholding Admissibility of EncroChat Evidence Amidst Jury Irregularities

Date: Jan 28, 2025
Stokes v The King [2025]: Upholding Admissibility of EncroChat Evidence Amidst Jury Irregularities Introduction The case of Stokes & Ors v The King ([2025] EWCA Crim 51) pertains to the convictions...
Garrington v Rex: Establishing Robust Standards for Identification Evidence in Joint Enterprise Cases

Garrington v Rex: Establishing Robust Standards for Identification Evidence in Joint Enterprise Cases

Date: Jan 28, 2025
Garrington v Rex: Establishing Robust Standards for Identification Evidence in Joint Enterprise Cases Introduction The case of Garrington v Rex ([2025] EWCA Crim 52) presents a pivotal moment in the...
Anonymisation of Judges: Establishing Jurisdictional Limits in Tickle & Anor v The BBC & Ors ([2025] EWCA Civ 42)

Anonymisation of Judges: Establishing Jurisdictional Limits in Tickle & Anor v The BBC & Ors ([2025] EWCA Civ 42)

Date: Jan 28, 2025
Anonymisation of Judges: Establishing Jurisdictional Limits in Tickle & Anor v The BBC & Ors ([2025] EWCA Civ 42) Introduction The case Tickle & Anor v The BBC & Ors ([2025] EWCA Civ 42) addresses a...
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