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  • Commentaries

interpreting-& Case Commentaries

Reforming Sentencing in Service Sexual Offence Cases: A Rehabilitation-Focused Approach

Reforming Sentencing in Service Sexual Offence Cases: A Rehabilitation-Focused Approach

Date: Dec 5, 2024
Reforming Sentencing in Service Sexual Offence Cases: A Rehabilitation-Focused Approach Introduction The judgment in Coils, R. v ([2024] EWCA Crim 1681) by the England and Wales Court of Appeal...
Judicial Precedent on the Discretionary Appointment of Civilian Boards in Court-Martial Proceedings

Judicial Precedent on the Discretionary Appointment of Civilian Boards in Court-Martial Proceedings

Date: Dec 5, 2024
Judicial Precedent on the Discretionary Appointment of Civilian Boards in Court-Martial Proceedings Introduction The case of Dewhirst, R. v ([2024] EWCA Crim 1683) before the England and Wales Court...
Corcoran v Eassda Group & Ors [2024] IEHC 760 – High Court Re-affirms Limits on Set-Off against Secured Debt and the Standing Required to Challenge Receiver Appointments

Corcoran v Eassda Group & Ors [2024] IEHC 760 – High Court Re-affirms Limits on Set-Off against Secured Debt and the Standing Required to Challenge Receiver Appointments

Date: Dec 5, 2024
Corcoran v Eassda Group & Ors [2024] IEHC 760: Re-affirming Limits on Set-Off against Secured Debt and Clarifying Standing to Challenge Receiver Appointments 1. Introduction The long-running dispute...
HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims

HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims

Date: Dec 4, 2024
HCJAC Establishes Rigorous Standards for Admissibility of Fresh Evidence in Miscarriage of Justice Claims Introduction The case of Darren Hughes versus HIS MAJESTY'S ADVOCATE, adjudicated by the...
Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4

Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4

Date: Dec 4, 2024
Circumstantial Evidence and Its Weight: Analysis of HMA v Michael Porchetta [2024] HCJ 4 Introduction The High Court of Justiciary in Scotland recently delivered a significant judgment in the case of...
Defining Leave to Defend in Special Summons: Insights from Permanent TSB v Donohoe [2024] IEHC 680

Defining Leave to Defend in Special Summons: Insights from Permanent TSB v Donohoe [2024] IEHC 680

Date: Dec 4, 2024
Defining Leave to Defend in Special Summons: Insights from Permanent TSB v Donohoe [2024] IEHC 680 Introduction The case of Permanent TSB formerly Irish Life and Permanent PLC & Anor v Donohoe...
Refusal to Consolidate Proceedings in O'Donoghue v O'Donoghue: Implications for Joint Asset Disputes

Refusal to Consolidate Proceedings in O'Donoghue v O'Donoghue: Implications for Joint Asset Disputes

Date: Dec 4, 2024
Refusal to Consolidate Proceedings in O'Donoghue v O'Donoghue: Implications for Joint Asset Disputes Introduction The High Court of Ireland delivered a significant judgment in the case of O'Donoghue...
Affirming Section 317 Revision as an Adequate Alternative Remedy: L v Chief Appeals Officer & Ors ([2024] IEHC 675)

Affirming Section 317 Revision as an Adequate Alternative Remedy: L v Chief Appeals Officer & Ors ([2024] IEHC 675)

Date: Dec 4, 2024
Affirming Section 317 Revision as an Adequate Alternative Remedy: L v Chief Appeals Officer & Ors ([2024] IEHC 675) Introduction The High Court of Ireland, in the case of L v Chief Appeals Officer &...
Judicial Review in Social Welfare Appeals: Establishing the Adequacy of Revision Mechanisms

Judicial Review in Social Welfare Appeals: Establishing the Adequacy of Revision Mechanisms

Date: Dec 4, 2024
Judicial Review in Social Welfare Appeals: Establishing the Adequacy of Revision Mechanisms Introduction The case of H v Chief Appeals Officer & Ors (Approved) ([2024] IEHC 676) addressed critical...
FZ v Minister for Justice: Upholding Scheme Eligibility Criteria Against Discrimination Claims

FZ v Minister for Justice: Upholding Scheme Eligibility Criteria Against Discrimination Claims

Date: Dec 4, 2024
FZ v Minister for Justice: Upholding Scheme Eligibility Criteria Against Discrimination Claims Introduction In the High Court of Ireland case FZ v Minister for Justice (Approved) ([2024] IEHC 683),...
Partial Striking Out of Claims under Order 19 Rule 28: Cinnéide v An taird-aighne [2024] IEHC 682

Partial Striking Out of Claims under Order 19 Rule 28: Cinnéide v An taird-aighne [2024] IEHC 682

Date: Dec 4, 2024
Partial Striking Out of Claims under Order 19 Rule 28: Cinnéide v An taird-aighne [2024] IEHC 682 Introduction The case Cinnéide & Ors v An taird-aighne & Ors ([2024] IEHC 682) before the High Court...
Reassessment of Capacity to Engage in Sexual Relations: ZX v Court of Appeal [2024] EWCA Civ 1462

Reassessment of Capacity to Engage in Sexual Relations: ZX v Court of Appeal [2024] EWCA Civ 1462

Date: Dec 4, 2024
Reassessment of Capacity to Engage in Sexual Relations: ZX v Court of Appeal [2024] EWCA Civ 1462 Introduction The case of ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 involves a...
Adjudicator Determinations in Non-NHS Medical Contracts Amenable to Judicial Review: Shashikanth v NHS Litigation Authority

Adjudicator Determinations in Non-NHS Medical Contracts Amenable to Judicial Review: Shashikanth v NHS Litigation Authority

Date: Dec 4, 2024
Adjudicator Determinations in Non-NHS Medical Contracts Amenable to Judicial Review: Shashikanth v NHS Litigation Authority Introduction The case of Shashikanth, R (On the Application Of) v NHS...
Best Interests Determinations in PDOC Cases: The XY Judgment [2024] EWCA Civ 1466

Best Interests Determinations in PDOC Cases: The XY Judgment [2024] EWCA Civ 1466

Date: Dec 4, 2024
Best Interests Determinations in PDOC Cases: The XY Judgment [2024] EWCA Civ 1466 Introduction The case of XY (Withdrawal of Treatment) ([2024] EWCA Civ 1466) represents a significant legal...
Safeguarding Patients Under Inherent Jurisdiction: Analysis of Master Misericordiae University Hospital v CBA ([2024] IEHC 698)

Safeguarding Patients Under Inherent Jurisdiction: Analysis of Master Misericordiae University Hospital v CBA ([2024] IEHC 698)

Date: Dec 4, 2024
Safeguarding Patients Under Inherent Jurisdiction: Analysis of Master Misericordiae University Hospital v CBA ([2024] IEHC 698) Introduction The case of Master Misericordiae University Hospital v CBA...
Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108

Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108

Date: Dec 4, 2024
Parens Patriae Authority in Medical Treatment for Unrepresented Minors: A Health Board v KL [2024] CSOH 108 Introduction The case A Health Board in respect of KL ([2024] CSOH 108) adjudicated by Lady...
High Court of Ireland Establishes Procedural Norms for Challenging Official Assignee Appointments in Bankruptcy Proceedings

High Court of Ireland Establishes Procedural Norms for Challenging Official Assignee Appointments in Bankruptcy Proceedings

Date: Dec 4, 2024
High Court of Ireland Establishes Procedural Norms for Challenging Official Assignee Appointments in Bankruptcy Proceedings Introduction The case of Sean Dunne v. Michael Ian Larkin Official Assignee...
Fraudulent Conveyance at Gross Undervalue under Section 74(3) LCLA 2009: AIB Mortgage Bank UC & Anor v Burke & Ors

Fraudulent Conveyance at Gross Undervalue under Section 74(3) LCLA 2009: AIB Mortgage Bank UC & Anor v Burke & Ors

Date: Dec 4, 2024
Fraudulent Conveyance at Gross Undervalue under Section 74(3) LCLA 2009 Introduction This commentary examines the High Court of Ireland’s decision in AIB Mortgage Bank UC & Anor v Burke & Ors [2024]...
McCalla v Secretary of State for Defence: Limitation of Rule 43 in Setting Aside Upper Tribunal Decisions

McCalla v Secretary of State for Defence: Limitation of Rule 43 in Setting Aside Upper Tribunal Decisions

Date: Dec 3, 2024
McCalla v Secretary of State for Defence: Limitation of Rule 43 in Setting Aside Upper Tribunal Decisions Introduction McCalla v Secretary of State for Defence ([2024] EWCA Civ 1467) is a pivotal...
Limits on Direct Discrimination Claims Against Qualifications Bodies: Davda v The Institute and Faculty of Actuaries

Limits on Direct Discrimination Claims Against Qualifications Bodies: Davda v The Institute and Faculty of Actuaries

Date: Dec 3, 2024
Limits on Direct Discrimination Claims Against Qualifications Bodies: Davda v The Institute and Faculty of Actuaries Introduction The case of Davda v The Institute and Faculty of Actuaries ([2024]...
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