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  • Commentaries

interpreting-& Case Commentaries

Khan v Secretary of State: Establishing Proportionality in Sanctions Designations under SAMLA 2018

Khan v Secretary of State: Establishing Proportionality in Sanctions Designations under SAMLA 2018

Date: Jan 28, 2025
Khan v Secretary of State: Establishing Proportionality in Sanctions Designations under SAMLA 2018 Introduction In the case of Khan v Secretary of State for Foreign, Commonwealth and Development...
Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice

Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice

Date: Jan 28, 2025
Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice Introduction The judgment in Cavan v Bunting ([2025] NICA 12) presents a seminal...
Balancing Confidentiality and Fair Disclosure in Discovery: Persona Digital Telephony Ltd & Anor v Minister for Public Enterprise & Ors [2025] IEHC 33

Balancing Confidentiality and Fair Disclosure in Discovery: Persona Digital Telephony Ltd & Anor v Minister for Public Enterprise & Ors [2025] IEHC 33

Date: Jan 28, 2025
Balancing Confidentiality and Fair Disclosure in Discovery: Persona Digital Telephony Ltd & Anor v Minister for Public Enterprise & Ors [2025] IEHC 33 Introduction The case of Persona Digital...
Clarifying the Aggregate Sentence Limit for Summary Offences: The R. v Fewery Precedent

Clarifying the Aggregate Sentence Limit for Summary Offences: The R. v Fewery Precedent

Date: Jan 25, 2025
Clarifying the Aggregate Sentence Limit for Summary Offences: The R. v Fewery Precedent Introduction The case of R. v Fewery, decided by the England and Wales Court of Appeal (Criminal Division) on...
Timely Prosecution and the Accountability for Delay in Interlocutory Relief: Commentary on Gilroy & anor v O'Leary & anor ([2025] IEHC 6)

Timely Prosecution and the Accountability for Delay in Interlocutory Relief: Commentary on Gilroy & anor v O'Leary & anor ([2025] IEHC 6)

Date: Jan 25, 2025
Timely Prosecution and Accountability for Delay in Interlocutory Relief Introduction The case of Gilroy & anor v O'Leary & anor ([2025] IEHC 6), delivered by Mr Justice Liam Kennedy in the High Court...
Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007

Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007

Date: Jan 25, 2025
Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007 Introduction Glasgow City Council v MM ([2025] CSIH 3) concerned the statutory...
Legal Commentary on S.P. v Governor of Mountjoy Prison & Anor (Approved) ([2025] IEHC 37)

Legal Commentary on S.P. v Governor of Mountjoy Prison & Anor (Approved) ([2025] IEHC 37)

Date: Jan 25, 2025
Proportionality and Procedural Safeguards in Solitary Confinement: Insights from S.P. v Governor of Mountjoy Prison & Anor Introduction The case S.P. v Governor of Mountjoy Prison & Anor (Approved)...
High Court Reinforces Stringent Standards for Certificate Applications under Section 50A(7) of the Planning and Development Act 2000 – Freeney v An Bord Pleanála [2025] IEHC 36

High Court Reinforces Stringent Standards for Certificate Applications under Section 50A(7) of the Planning and Development Act 2000 – Freeney v An Bord Pleanála [2025] IEHC 36

Date: Jan 25, 2025
High Court Reinforces Stringent Standards for Certificate Applications under Section 50A(7) of the Planning and Development Act 2000 – Freeney v An Bord Pleanála [2025] IEHC 36 Introduction The case...
Balancing Aggravation and Mitigation: New Precedents in Rape Sentencing Established in Imran, R. v ([2025] EWCA Crim 162)

Balancing Aggravation and Mitigation: New Precedents in Rape Sentencing Established in Imran, R. v ([2025] EWCA Crim 162)

Date: Jan 25, 2025
Balancing Aggravation and Mitigation: New Precedents in Rape Sentencing Established in Imran, R. v ([2025] EWCA Crim 162) Introduction The Court of Appeal's decision in Imran, R. v ([2025] EWCA Crim...
The Cusp Principle: Holistic Categorisation of Harm in Knife‐Wounding Sentencing

The Cusp Principle: Holistic Categorisation of Harm in Knife‐Wounding Sentencing

Date: Jan 25, 2025
The Cusp Principle: Holistic Categorisation of Harm in Knife‐Wounding Sentencing Introduction Bryson v R ([2025] EWCA Crim 569) is a landmark decision of the England and Wales Court of Appeal...
Strict Adherence to 'Forthwith' Submission of New Information under s. 50 in Deportation Orders: Insights from Z.P v Minister for Justice and Equality ([2025] IEHC 30)

Strict Adherence to 'Forthwith' Submission of New Information under s. 50 in Deportation Orders: Insights from Z.P v Minister for Justice and Equality ([2025] IEHC 30)

Date: Jan 24, 2025
Strict Adherence to 'Forthwith' Submission of New Information under s. 50 in Deportation Orders: Insights from Z.P v Minister for Justice and Equality ([2025] IEHC 30) Introduction The case of Z.P v...
Establishing Criteria for Cost Orders in Unsuccessful Public Law Challenges: Poptoshev v Director of Public Prosecutions & Ors [2025] IEHC 24

Establishing Criteria for Cost Orders in Unsuccessful Public Law Challenges: Poptoshev v Director of Public Prosecutions & Ors [2025] IEHC 24

Date: Jan 24, 2025
Establishing Criteria for Cost Orders in Unsuccessful Public Law Challenges: Poptoshev v Director of Public Prosecutions & Ors [2025] IEHC 24 Introduction Poptoshev v Director of Public Prosecutions...
Legal Ownership Supremacy in Mortgage Enforcement: Pepper Finance v Egan [2025] IEHC 31

Legal Ownership Supremacy in Mortgage Enforcement: Pepper Finance v Egan [2025] IEHC 31

Date: Jan 24, 2025
Legal Ownership Supremacy in Mortgage Enforcement: Pepper Finance v Egan [2025] IEHC 31 Introduction Pepper Finance Corporation [Ireland] Designated Activity Company v Egan (Approved) ([2025] IEHC...
Establishing a One-Step Test for Trade and Cooperation Agreement Warrants: Insights from Minister for Justice v McAuley [2025] IEHC 28

Establishing a One-Step Test for Trade and Cooperation Agreement Warrants: Insights from Minister for Justice v McAuley [2025] IEHC 28

Date: Jan 24, 2025
Establishing a One-Step Test for Trade and Cooperation Agreement Warrants: Insights from Minister for Justice v McAuley [2025] IEHC 28 Introduction The case of Minister for Justice v McAuley...
Landlord's Maintenance Obligations Limited to Exclusive Dwelling Areas: High Court Decision in Lima v RTB

Landlord's Maintenance Obligations Limited to Exclusive Dwelling Areas: High Court Decision in Lima v RTB

Date: Jan 24, 2025
Landlord's Maintenance Obligations Limited to Exclusive Dwelling Areas: High Court Decision in Lima v RTB Introduction Lima v Residential Tenancies Board (Approved) ([2025] IEHC 29) is a significant...
Preservation of Partnership Rights and Good Faith: Kui v Nolan & Anor (2025) IEHC 17

Preservation of Partnership Rights and Good Faith: Kui v Nolan & Anor (2025) IEHC 17

Date: Jan 24, 2025
Preservation of Partnership Rights and Good Faith: Kui v Nolan & Anor (2025) IEHC 17 Introduction Kui v Nolan & Anor (Approved) ([2025] IEHC 17) is a landmark case adjudicated by the High Court of...
Keogh v O'Keeffe: Establishing Criteria for Causation in Personal Injury Claims

Keogh v O'Keeffe: Establishing Criteria for Causation in Personal Injury Claims

Date: Jan 24, 2025
Keogh v O'Keeffe: Establishing Criteria for Causation in Personal Injury Claims Introduction Keogh v O'Keeffe ([2025] IEHC 26) is a pivotal judgment delivered by the High Court of Ireland on January...
Costs Determination in Kelly v Residential Tenancies Board [No. 2] (Approved) [2025] IEHC 25

Costs Determination in Kelly v Residential Tenancies Board [No. 2] (Approved) [2025] IEHC 25

Date: Jan 24, 2025
Costs Determination in Kelly v Residential Tenancies Board [No. 2] (Approved) [2025] IEHC 25 Introduction The case of Kelly v Residential Tenancies Board [No. 2] (Approved) [2025] IEHC 25 addresses a...
Amendment of Judicial Review Grounds in E.A. v International Protection Appeals Tribunal Establishes New Standards for Asylum and Trafficking Claims

Amendment of Judicial Review Grounds in E.A. v International Protection Appeals Tribunal Establishes New Standards for Asylum and Trafficking Claims

Date: Jan 24, 2025
Amendment of Judicial Review Grounds in E.A. v International Protection Appeals Tribunal Establishes New Standards for Asylum and Trafficking Claims Introduction In the landmark case of E.A. v...
R v Sheikh & Ors (2025): Refining Foreseeability Criteria in DVCVA Section 5

R v Sheikh & Ors (2025): Refining Foreseeability Criteria in DVCVA Section 5

Date: Jan 24, 2025
R v Sheikh & Ors (2025): Refining Foreseeability Criteria in DVCVA Section 5 Introduction R v Sheikh & Ors [2025] EWCA Crim 38 is a landmark decision by the England and Wales Court of Appeal...
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