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  • Commentaries

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

Limiting Sentencing to Convicted Conduct: Prohibition on Relying on Acquitted Conduct in Mai, R. v [2025] EWCA Crim 516

Limiting Sentencing to Convicted Conduct: Prohibition on Relying on Acquitted Conduct in Mai, R. v [2025] EWCA Crim 516

Date: Apr 12, 2025
Limiting Sentencing to Convicted Conduct: Prohibition on Relying on Acquitted Conduct in Mai, R. v [2025] EWCA Crim 516 Introduction This appeal concerns the appropriate scope of judicial...
Establishing the Credibility Threshold for Section 45 Defences and Fresh Evidence Admissibility in Criminal Appeals

Establishing the Credibility Threshold for Section 45 Defences and Fresh Evidence Admissibility in Criminal Appeals

Date: Apr 12, 2025
Establishing the Credibility Threshold for Section 45 Defences and Fresh Evidence Admissibility in Criminal Appeals Introduction R. v BKM [2025] EWCA Crim 389 concerns BKM’s appeal from convictions...
Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations

Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations

Date: Apr 12, 2025
Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations Introduction This commentary examines the High Court of Ireland’s...
Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants

Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants

Date: Apr 12, 2025
Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants 1. Introduction In Minister for Justice v. Warner ([2025] IEHC 273), the High Court of Ireland...
Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries

Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries

Date: Apr 12, 2025
Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries Introduction In Wales v Solicitors' Disciplinary Committee & Anor [2025] IEHC 281, the High Court of...
Defining the Scope of Caution Admissions: R v BJE ([2025] EWCA Crim 534)

Defining the Scope of Caution Admissions: R v BJE ([2025] EWCA Crim 534)

Date: Apr 12, 2025
Defining the Scope of Caution Admissions: R v BJE ([2025] EWCA Crim 534) Introduction R v BJE ([2025] EWCA Crim 534) is a decision of the England and Wales Court of Appeal (Criminal Division)...
Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive

Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive

Date: Apr 12, 2025
Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive Introduction This commentary examines the High Court’s decision in Massey v An Bord Pleanála & Ors [No. 2]...
Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board

Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board

Date: Apr 12, 2025
Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board Introduction The High Court decision in Clohessy v Legal Aid Board &...
Necessity-Based Disclosure Framework for CHIS Status in Criminal Proceedings

Necessity-Based Disclosure Framework for CHIS Status in Criminal Proceedings

Date: Apr 12, 2025
Necessity-Based Disclosure Framework for CHIS Status in Criminal Proceedings Introduction This commentary examines the Court of Appeal’s decision in AXR v R ([2025] EWCA Crim 454), which defines when...
Clarke v Poole: Affirmation of the Three-Stage Balancing Test and the Primacy of Personal Autonomy

Clarke v Poole: Affirmation of the Three-Stage Balancing Test and the Primacy of Personal Autonomy

Date: Apr 12, 2025
Clarke v Poole: Affirmation of the Three-Stage Balancing Test and the Primacy of Personal Autonomy Introduction Clarke v Poole & Ors ([2025] EWCA Civ 447) deals with a high-stakes dispute in which a...
Makeality Ltd v City Doggo Ltd & Anor: Allocation to IPEC Small Claims Track and Article 14 Compliance

Makeality Ltd v City Doggo Ltd & Anor: Allocation to IPEC Small Claims Track and Article 14 Compliance

Date: Apr 12, 2025
Makeality Ltd v City Doggo Ltd & Anor: Allocation to IPEC Small Claims Track and Article 14 Compliance Introduction This Court of Appeal decision concerns a trade mark infringement and passing-off...
Exemption of Telematics Device Provision and Fitting as Insurance Intermediary Services

Exemption of Telematics Device Provision and Fitting as Insurance Intermediary Services

Date: Apr 12, 2025
Exemption of Telematics Device Provision and Fitting as Insurance Intermediary Services 1. Introduction This commentary examines the Court of Appeal’s decision in WTGIL Ltd v Revenue and Customs...
R v Moran ([2025] EWCA Crim 612):  Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies

R v Moran ([2025] EWCA Crim 612): Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies

Date: Apr 12, 2025
R v Moran ([2025] EWCA Crim 612): Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies 1. Introduction The decision in R v Moran is a significant contribution to...
Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive

Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive

Date: Apr 12, 2025
Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive Introduction Massey v An Bord Pleanála & Ors [No. 3] ([2025] IEHC 218) is a High Court...
No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd

No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd

Date: Apr 12, 2025
No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd Introduction Laidley v Metropolitan Housing Trust Ltd ([2025] EWCA Civ 448) is a...
Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings

Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings

Date: Apr 11, 2025
Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings Introduction This commentary reviews the Court of Appeal decision in Ahmad & Anor v Faraj ([2025] EWCA Civ...
Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter

Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter

Date: Apr 11, 2025
Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter 1. Introduction This judgment arises from the renewed application by the appellant, Ms....
Reinforcing Evidentiary Clarity in Summary Debt Claims: Cabot Financial [Ireland] Ltd v Hanney

Reinforcing Evidentiary Clarity in Summary Debt Claims: Cabot Financial [Ireland] Ltd v Hanney

Date: Apr 11, 2025
Reinforcing Evidentiary Clarity in Summary Debt Claims Cabot Financial [Ireland] Ltd v Darren Hanney ([2025] IEHC 213) 1. Introduction In Cabot Financial [Ireland] Ltd v Hanney, the High Court was...
Prestwick Care v SSHD: Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the “Robust Balance of Convenience” Test

Prestwick Care v SSHD: Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the “Robust Balance of Convenience” Test

Date: Apr 11, 2025
Prestwick Care v Secretary of State for the Home Department ([2025] EWCA Civ 991): Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the...
Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants

Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants

Date: Apr 11, 2025
Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants Introduction Castle, R. v ([2025] EWCA Crim 535) is a landmark decision of the England and Wales Court of Appeal (Criminal...
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