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  • Commentaries

membership-validity-and-negligence-in-connolly-v-o& Case Commentaries

Holistic Sentencing for False Imprisonment & Credit for Remand in Driving Disqualifications : Commentary on Baker & Ors v R [2025] EWCA Crim 807

Holistic Sentencing for False Imprisonment & Credit for Remand in Driving Disqualifications : Commentary on Baker & Ors v R [2025] EWCA Crim 807

Date: May 9, 2025
“Duration is not Dominant” – A Holistic Sentencing Framework for False Imprisonment and the Mandatory Deduction of Remand Time from Extended Driving Bans Commentary on Baker & Ors v R [2025] EWCA...
Rochford v Kelly: Reasonable Grounds for Public Order Arrests and Digital Evidence Search Warrants

Rochford v Kelly: Reasonable Grounds for Public Order Arrests and Digital Evidence Search Warrants

Date: May 9, 2025
Rochford v Kelly: Reasonable Grounds for Public Order Arrests and Digital Evidence Search Warrants Introduction Rochford v Kelly & Ors [2025] IEHC 251 is a landmark High Court decision of Mr. Justice...
“Helper-Adjustment” Sentencing Principle in Customs & Excise Fraud: Commentary on McDonnell, R. v ([2025] NICA 82)

“Helper-Adjustment” Sentencing Principle in Customs & Excise Fraud: Commentary on McDonnell, R. v ([2025] NICA 82)

Date: May 9, 2025
“Helper-Adjustment” Sentencing Principle in Customs & Excise Fraud: Commentary on McDonnell, R. v ([2025] NICA 82) 1. Introduction The Court of Appeal in Northern Ireland, comprised of Higgins LJ,...
Empowering Vulnerable Adults: Discharge from Wardship and the Primacy of Decision-Making Representatives under Section 55 of the Assisted Decision-Making (Capacity) Act 2015

Empowering Vulnerable Adults: Discharge from Wardship and the Primacy of Decision-Making Representatives under Section 55 of the Assisted Decision-Making (Capacity) Act 2015

Date: May 9, 2025
Empowering Vulnerable Adults: Discharge from Wardship and the Primacy of Decision-Making Representatives under Section 55 of the Assisted Decision-Making (Capacity) Act 2015 1. Introduction This...
Preventing Abuse of Process: Joinder of Minority Shareholders under CPR 19.2(2)

Preventing Abuse of Process: Joinder of Minority Shareholders under CPR 19.2(2)

Date: May 9, 2025
Preventing Abuse of Process: Joinder of Minority Shareholders under CPR 19.2(2) Introduction This commentary examines the Court of Appeal’s decision in Betta Oceanway Company v SC Tomini Trading SRL...
Admissibility and Cumulative Assessment of Bad Character Evidence under the Criminal Justice Act 2003

Admissibility and Cumulative Assessment of Bad Character Evidence under the Criminal Justice Act 2003

Date: May 9, 2025
Admissibility and Cumulative Assessment of Bad Character Evidence under the Criminal Justice Act 2003 Introduction In R v King & Anor [2025] EWCA Crim 596, the Court of Appeal (Criminal Division)...
Clarifying Credit for Overlapping Remand: The “Saleh Rule” on Minimum-Term Deductions ([2025] EWCA Crim 720)

Clarifying Credit for Overlapping Remand: The “Saleh Rule” on Minimum-Term Deductions ([2025] EWCA Crim 720)

Date: May 9, 2025
Clarifying Credit for Overlapping Remand: The “Saleh Rule” on Minimum-Term Deductions Saleh v R ([2025] EWCA Crim 720) 1. Introduction The Court of Appeal’s decision in Saleh v R addresses a narrow...
Inherent Jurisdiction for Post-Brexit Recognition of Northern Ireland Administration Proceedings

Inherent Jurisdiction for Post-Brexit Recognition of Northern Ireland Administration Proceedings

Date: May 8, 2025
Inherent Jurisdiction for Post-Brexit Recognition of Northern Ireland Administration Proceedings Introduction This commentary examines the High Court of Ireland’s decision in Re: Mercer Agencies Ltd...
Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections

Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections

Date: May 8, 2025
Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections Introduction This commentary examines the Court of Appeal’s decision in The...
Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording

Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording

Date: May 8, 2025
Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording Introduction Z (A Child), Re [2025] EWCA Civ 594 is a landmark Court of Appeal decision addressing both the scope of...
Evidence-Based Domestic Violence Safety Orders & Proportional Ancillary Relief in Short-Term Marriages

Evidence-Based Domestic Violence Safety Orders & Proportional Ancillary Relief in Short-Term Marriages

Date: May 8, 2025
Evidence-Based Domestic Violence Safety Orders & Proportional Ancillary Relief in Short-Term Marriages 1. Introduction The High Court decision in E v N (Approved) [2025] IEHC 323 addresses two core...
“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986

“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986

Date: May 8, 2025
“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986 1. Introduction Bilta (UK) Ltd & Ors v Tradition...
Admitting Fresh Evidence on Circuit Court Appeals and Limits on Strike-Out Motions: Doyle v Leahy [2025] IEHC 266

Admitting Fresh Evidence on Circuit Court Appeals and Limits on Strike-Out Motions: Doyle v Leahy [2025] IEHC 266

Date: May 8, 2025
Admitting Fresh Evidence on Circuit Court Appeals and Limits on Strike-Out Motions: Doyle v Leahy [2025] IEHC 266 Introduction In Doyle v Leahy (Approved) [2025] IEHC 266, Michael Doyle (“the...
Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination

Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination

Date: May 8, 2025
Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination Introduction This landmark decision in Fasano v Reckitt...
“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350

“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350

Date: May 8, 2025
“When is Means When”: The High Court Limits the Summary Strike-Off Power under s.84 of the Veterinary Practice Act 2005 — Comment on Veterinary Council of Ireland v Ciobanu [2025] IEHC 350 1....
Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review

Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review

Date: May 8, 2025
Inherent Jurisdiction to Authorize Interim Detention and Care Orders for Adults Lacking Capacity: Necessity, Proportionality, and Periodic Review Introduction Health Service Executive v A ([2025]...
Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002

Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002

Date: May 8, 2025
Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002 Introduction This appeal arises from Nazir & Anor v Begum ([2025] EWCA Civ 587), decided by...

        Rethinking “Public Rights” under Section 78 PCSC Act 2022:
        The Court of Appeal’s Five-Point Framework in AFY & Ors
        ([2025] EWCA Crim 769)

Rethinking “Public Rights” under Section 78 PCSC Act 2022: The Court of Appeal’s Five-Point Framework in AFY & Ors ([2025] EWCA Crim 769)

Date: May 8, 2025
Rethinking “Public Rights” under Section 78 PCSC Act 2022: The Court of Appeal’s Five-Point Framework in AFY & Ors ([2025] EWCA Crim 769) 1. Introduction AFY & Ors, R. v ([2025] EWCA Crim 769) marks...
Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258

Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258

Date: May 7, 2025
Merit-Based Access to Ex Gratia Legal Aid in Re-Litigation: Rogers v DPP & Ors [No. 3] [2025] IEHC 258 Introduction This commentary examines the High Court’s decision in Rogers v Director of Public...
Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD

Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD

Date: May 3, 2025
Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD Introduction R (The Duke of Sussex) v Secretary of State for the Home Department ([2025] EWCA Civ 548) is a...
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