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  • Commentaries

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

Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings

Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings

Date: Apr 11, 2025
Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings Introduction This commentary examines the landmark decision in M (A Child: Intermediaries) [2025] EWCA Civ...
No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework

No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework

Date: Apr 11, 2025
No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework Introduction This commentary examines the Court of Appeal in Northern...
Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement

Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement

Date: Apr 11, 2025
Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement Introduction Cabot Financial (Ireland) Ltd v Lawless [2025] IEHC 233 is a High Court decision by Mr Justice Barr handed...
Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes

Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes

Date: Apr 11, 2025
Clarity Requirement for Civil Contempt: Interpreting Fit-Out Obligations in Point Village v Dunnes Introduction Point Village Development Limited (“PVDL”) sued Dunnes Stores Unlimited Company...
Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424

Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424

Date: Apr 11, 2025
Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424 Introduction Re A (A Child) [2025] EWCA Civ 424 is a landmark Court of Appeal...
Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher

Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher

Date: Apr 11, 2025
Threshold for Summary Possession: Arguable Defences and Accrual of Cause of Action in Mars Capital Finance v Gallagher Introduction In Mars Capital Finance Ireland DAC & Anor v Gallagher & Anor...
R v Wheeler: Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders

R v Wheeler: Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders

Date: Apr 11, 2025
Recognition of Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders Introduction R v Wheeler ([2025] EWCA Crim 558) is a landmark Court of Appeal decision addressing how a diagnosis of...
Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen

Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen

Date: Apr 11, 2025
Employers’ Instruction as Condition Precedent to Contractual Indemnity: Dragados UK Ltd v Port of Aberdeen Introduction Dragados UK Limited (“the Pursuer”) sued the Port of Aberdeen (“the Defender”)...
“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331

“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331

Date: Apr 10, 2025
“The Temporal-Epidemiological Standard” – AMS v Birthistle [2025] IEHC 331 Introduction AMS v Birthistle is the High Court of Ireland’s first reported decision dealing with failure to diagnose...
“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland

“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland

Date: Apr 10, 2025
“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland 1. Introduction Glasgow City Council v X (Scotland) ([2025] UKSC 13) is a landmark decision on the...
Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement

Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement

Date: Apr 10, 2025
Expansion of Equitable Receivership to Administrative-Leave Payments in Contempt Enforcement Introduction The High Court of Ireland’s decision in Board of Management of Wilson’s Hospital School v...
Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means

Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means

Date: Apr 10, 2025
Discovery in Judicial Review with Factual Complexity: Relevance, Necessity and Alternative Means 1. Introduction This commentary examines the High Court of Ireland’s decision in Abdelaatti v College...
“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Flaminia [2025] UKSC 14)

“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Flaminia [2025] UKSC 14)

Date: Apr 10, 2025
“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Mediterranean Shipping Co SA v Conti 11 Container...
Actual Belief Suffices under PACE s.54(4)(a): Carter v Chief Constable of Essex Police

Actual Belief Suffices under PACE s.54(4)(a): Carter v Chief Constable of Essex Police

Date: Apr 10, 2025
Actual Belief Suffices under PACE s.54(4)(a) Introduction In Carter v Chief Constable of Essex Police ([2025] EWCA Civ 367) the England and Wales Court of Appeal considered when and how a custody...
Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice

Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice

Date: Apr 9, 2025
Subsidiary Protection Status as a Material Factor in Exceptional-Circumstances Family Reunification: SK v Minister for Justice Introduction SK v Minister for Justice ([2025] IEHC 231) concerns an...
Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations

Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations

Date: Apr 9, 2025
Obligation to Provide Reasons for “Unfounded” Findings in Child Protection Investigations Introduction This judgment arises from G.H. v Tusla Child and Family Agency & Ors [2025] IEHC 263, a High...
Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences

Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences

Date: Apr 9, 2025
Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences Introduction This case arises from a series of violent assaults committed by...
Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling: Halpin & Ors v Everyday Finance DAC & Ors

Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling: Halpin & Ors v Everyday Finance DAC & Ors

Date: Apr 9, 2025
Mortgagee’s Unfettered Statutory Power of Sale vs. Inviolability of the Dwelling Introduction The High Court’s decision in Halpin & Ors v Everyday Finance DAC & Ors; Stairway Property Company Ltd v...
Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified

Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified

Date: Apr 9, 2025
Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified Introduction This appeal arises from the Court of Appeal’s decision in R v Miller [2025]...
Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36

Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36

Date: Apr 9, 2025
Clarity Requirement for Binding Testamentary Promises: Davies v Cassie [2025] CSOH 36 Introduction In the Outer House of the Scottish Court of Session, Lord Colbeck delivered the opinion in Louise...
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