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  • Commentaries

interpreting-& Case Commentaries

High Court Refutes Strike Out of Constitutional Challenge to Family Home Protection Act 1976 in Ooi v Ireland & Ors

High Court Refutes Strike Out of Constitutional Challenge to Family Home Protection Act 1976 in Ooi v Ireland & Ors

Date: Nov 20, 2024
High Court Refutes Strike Out of Constitutional Challenge to Family Home Protection Act 1976 in Ooi v Ireland & Ors Introduction Ooi v Ireland & Ors ([2024] IEHC 663) is a significant judgment...
Little v Chief Appeals Officer – Displacement of the 1877 Act as the Statutory Basis for Costs in the Superior Courts

Little v Chief Appeals Officer – Displacement of the 1877 Act as the Statutory Basis for Costs in the Superior Courts

Date: Nov 20, 2024
Little v Chief Appeals Officer, Social Welfare Appeals Office & Minister for Social Protection Supreme Court Clarifies – and Effectively Displaces – Section 53 of the Supreme Court of Judicature...
“From Winner-Takes-All to Presumptive No-Order” – The New Supreme Court Starting-Point on Costs in Public-Interest Appeals of General Public Importance

“From Winner-Takes-All to Presumptive No-Order” – The New Supreme Court Starting-Point on Costs in Public-Interest Appeals of General Public Importance

Date: Nov 20, 2024
“From Winner-Takes-All to Presumptive No-Order” – A Commentary on Little v Chief Appeals Officer & Minister for Social Protection [2024] IESC 53, Supreme Court of Ireland 1. Introduction Little v...
High Court Reinforces Defense Rights Protections in European Arrest Warrant Surrender Decisions: Minister for Justice v. Anusiewicz

High Court Reinforces Defense Rights Protections in European Arrest Warrant Surrender Decisions: Minister for Justice v. Anusiewicz

Date: Nov 16, 2024
High Court Reinforces Defense Rights Protections in European Arrest Warrant Surrender Decisions: Minister for Justice v. Anusiewicz Introduction The case of Minister for Justice v. Anusiewicz [2024]...
Reaffirmation of Established Sentencing Principles in Manslaughter: Analysis of Dodds, R. v ([2024] NICA 74)

Reaffirmation of Established Sentencing Principles in Manslaughter: Analysis of Dodds, R. v ([2024] NICA 74)

Date: Nov 16, 2024
Reaffirmation of Established Sentencing Principles in Manslaughter: Analysis of Dodds, R. v ([2024] NICA 74) Introduction The case of Dodds, R. v ([2024] NICA 74) adjudicated by the Court of Appeal...
Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC 52)

Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC 52)

Date: Nov 16, 2024
Firm Limits on Novel Expert Evidence: Biomechanical Simulations and Probabilistic Credibility Assessments Are Inadmissible Absent a Verifiable Factual Basis and Necessity (Christie v HMA [2024] HCJAC...
Sentencing Near-Adult Youths: Principle from R v Rees (EWCA Crim 1556, 2024)

Sentencing Near-Adult Youths: Principle from R v Rees (EWCA Crim 1556, 2024)

Date: Nov 15, 2024
Sentencing Near-Adult Youths: Principle from R v Rees (EWCA Crim 1556, 2024) Introduction R v Rees ([2024] EWCA Crim 1556) is a Court of Appeal (Criminal Division) decision handed down on 14 November...
Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47

Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47

Date: Nov 15, 2024
Sexual Autonomy Prevails Over Performative Intent: Insights from HCJAC 47 Introduction The case of Stuart Mitchell Kennedy versus Procurator Fiscal, Aberdeen ([2024] HCJAC 47) presents a significant...
Impact of the Withdrawal Agreement on EU Trade Mark Jurisdiction: SkyKick UK Ltd v Sky Ltd & Ors [2024] UKSC 36

Impact of the Withdrawal Agreement on EU Trade Mark Jurisdiction: SkyKick UK Ltd v Sky Ltd & Ors [2024] UKSC 36

Date: Nov 14, 2024
Impact of the Withdrawal Agreement on EU Trade Mark Jurisdiction: SkyKick UK Ltd v Sky Ltd & Ors [2024] UKSC 36 Introduction The case of SkyKick UK Ltd & Anor v Sky Ltd & Ors ([2024] UKSC 36)...
Supreme Court Sets Precedent on Rectifying Collective Agreements Incorporated into Employment Contracts

Supreme Court Sets Precedent on Rectifying Collective Agreements Incorporated into Employment Contracts

Date: Nov 14, 2024
Supreme Court Sets Precedent on Rectifying Collective Agreements Incorporated into Employment Contracts Introduction The case of National Union of Rail, Maritime and Transport Workers & Anor v Tyne...
Supreme Court Establishes Time Bar for Post-Discharge Misdelivery Claims under Hague Visby Rules

Supreme Court Establishes Time Bar for Post-Discharge Misdelivery Claims under Hague Visby Rules

Date: Nov 14, 2024
Supreme Court Establishes Time Bar for Post-Discharge Misdelivery Claims under Hague Visby Rules Introduction In the landmark case of Fimbank Plc v KCH Shipping Co Ltd ([2024] UKSC 38), the United...
Enforcing the Balance of Justice: Dismissal for Inordinate and Inexcusable Delay in Professional Negligence Claims - McAndrew v Bourke [2024] IEHC 651

Enforcing the Balance of Justice: Dismissal for Inordinate and Inexcusable Delay in Professional Negligence Claims - McAndrew v Bourke [2024] IEHC 651

Date: Nov 14, 2024
Enforcing the Balance of Justice: Dismissal for Inordinate and Inexcusable Delay in Professional Negligence Claims - McAndrew v Bourke [2024] IEHC 651 Introduction The High Court of Ireland, in the...
Whole Life Orders and the Irrelevance of Guilty Plea Reductions in Exceptionally Heinous Offences

Whole Life Orders and the Irrelevance of Guilty Plea Reductions in Exceptionally Heinous Offences

Date: Nov 14, 2024
Whole Life Orders and the Irrelevance of Guilty Plea Reductions in Exceptionally Heinous Offences Introduction The case of Osborne v R. ([2024] EWCA Crim 1720) represents a landmark judgment by the...
Pearce & The Practical Limits of Duress: A New Clarification on “Reasonable Avenue of Escape” in Criminal Liability

Pearce & The Practical Limits of Duress: A New Clarification on “Reasonable Avenue of Escape” in Criminal Liability

Date: Nov 14, 2024
Pearce & The Practical Limits of Duress: Clarifying When “Driving Off” is NOT the Only Choice Introduction Pearce, R. v ([2024] EWCA Crim 1557) arrives from the England and Wales Court of Appeal...
Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102

Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102

Date: Nov 14, 2024
Enhanced Procedural Fairness in Discharge of Probationary Constables: Insights from the Petition of XY [2024] CSOH 102 Introduction The case, Petition of XY for Judicial Review ([2024] CSOH 102),...
Protection of Visual Amenity in Strategic Housing Developments: Leech & Anor v An Bord Pleanála & Ors [2024] IEHC 599

Protection of Visual Amenity in Strategic Housing Developments: Leech & Anor v An Bord Pleanála & Ors [2024] IEHC 599

Date: Nov 13, 2024
Protection of Visual Amenity in Strategic Housing Developments Introduction The case of Leech & Anor v An Bord Pleanála & Ors ([2024] IEHC 599) presents a pivotal moment in Irish planning law,...
Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101

Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101

Date: Nov 13, 2024
Strengthening Child Welfare in Immigration Decisions: CD v Secretary of State for Home Department [2024] CSOH 101 Introduction The case CD v Secretary of State for the Home Department [2024] CSOH...
Access to Fresh Evidence on Appeal in Welfare Proceedings: The Precedent Set in T (2024) EWCA Civ 1384

Access to Fresh Evidence on Appeal in Welfare Proceedings: The Precedent Set in T (2024) EWCA Civ 1384

Date: Nov 13, 2024
Access to Fresh Evidence on Appeal in Welfare Proceedings: The Precedent Set in T (2024) EWCA Civ 1384 Introduction The case of T (Fresh Evidence on Appeal) ([2024] EWCA Civ 1384) before the England...
Permissive Interpretation of Social Welfare Regulations: Insights from B.M and J.M v Chief Appeals Officer et al. [2024] IESC 51

Permissive Interpretation of Social Welfare Regulations: Insights from B.M and J.M v Chief Appeals Officer et al. [2024] IESC 51

Date: Nov 13, 2024
Permissive Interpretation of Social Welfare Regulations: Insights from B.M and J.M v Chief Appeals Officer et al. [2024] IESC 51 Introduction The Supreme Court of Ireland, in the case of B.M and J.M...
Stratification of Residency Permits in High Court Ruling: EL v Minister for Justice [2024] IEHC 647

Stratification of Residency Permits in High Court Ruling: EL v Minister for Justice [2024] IEHC 647

Date: Nov 13, 2024
Stratification of Residency Permits in High Court Ruling: EL v Minister for Justice [2024] IEHC 647 Introduction In the case of EL v Minister for Justice (Approved) ([2024] IEHC 647), the High Court...
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