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  • Commentaries

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

Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases

Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases

Date: Feb 25, 2025
Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases Introduction The Judgment in the case of Appeal against Conviction by Peter McGuiness against HMA ([2025]...
Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law

Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law

Date: Feb 25, 2025
Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law Introduction The case of Andrew Marr International Limited against Mackinnons...
Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Date: Feb 24, 2025
Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989 Introduction This commentary examines the Court of Appeal’s decision in M (Care Order: Risk: Family...
Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Date: Feb 24, 2025
Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments Introduction In Liberty Mutual Insurance Europe SE & Ors v Bath Racecourse Company Ltd &...
Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Date: Feb 24, 2025
Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation Introduction This commentary examines the Court of Appeal decision in Clarke v Guardian News &...
Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Date: Feb 22, 2025
Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate Introduction This commentary offers an in-depth analysis of a comprehensive judgment concerning the exercise...
Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Date: Feb 22, 2025
Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child 1. Introduction The Judgment in M.C.A. v...
Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Date: Feb 22, 2025
Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing Introduction The judgment in Boltaev, R. v ([2025] EWCA Crim 207) represents a significant development in the...
Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Date: Feb 22, 2025
Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C Introduction The case of Tudor, R. v ([2025] EWCA Crim 225) presents a...
Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Date: Feb 22, 2025
Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases Introduction The Judgment in Minister for Justice v Curtin (Approved) ([2025] IEHC 145) delivered by Mr....
Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Date: Feb 22, 2025
Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders Introduction The case of Board of Management of Wilson's Hospital School v Burke [No.3] ([2025] IEHC 104)...
New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

Date: Feb 22, 2025
New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards Introduction The judgment in GTLK Europe Designated Activity Company [In Liquidation] v...
Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review

Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review

Date: Feb 22, 2025
Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review Introduction The judgment in Thiebault Enterprise Ltd & Anor v County Registrar for Galway...
Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator

Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator

Date: Feb 22, 2025
Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator Introduction King v Darryl Haughey ([2025] NICA 10) is a landmark Court of Appeal decision addressing...
Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases

Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases

Date: Feb 21, 2025
Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases Introduction The case of Buckley v Linehan ([2025] IEHC 101) delivered by Ms. Justice Emily Egan in the...
Judicial Finality and the Limits of Inherent Jurisdiction: Reaffirming the Principle of Finality in High Court Judgments

Judicial Finality and the Limits of Inherent Jurisdiction: Reaffirming the Principle of Finality in High Court Judgments

Date: Feb 21, 2025
Judicial Finality and the Limits of Inherent Jurisdiction: Reaffirming the Principle of Finality in High Court Judgments Introduction The case of Pepper Finance Corporation [Ireland] Designated...
Clarifying the Identification of Specific Reasons in Multi-Site Zoning Decisions: Insights from Ballindooley Developments v Minister for Housing

Clarifying the Identification of Specific Reasons in Multi-Site Zoning Decisions: Insights from Ballindooley Developments v Minister for Housing

Date: Feb 21, 2025
Clarifying the Identification of Specific Reasons in Multi-Site Zoning Decisions: Insights from Ballindooley Developments v Minister for Housing Introduction The case of Ballindooley Developments Ltd...
Clarifying Tribunal Findings in Discovery: A Precedent on Judicial Correction and Balancing Public Interests

Clarifying Tribunal Findings in Discovery: A Precedent on Judicial Correction and Balancing Public Interests

Date: Feb 21, 2025
Clarifying Tribunal Findings in Discovery: A Precedent on Judicial Correction and Balancing Public Interests Introduction The High Court of Ireland, in the case of Persona Digital Telephony Ltd &...
R v Hayes & Mack – Clarifying “Grave Injury” and Foreseeable Harm in Section 20 Sentencing

R v Hayes & Mack – Clarifying “Grave Injury” and Foreseeable Harm in Section 20 Sentencing

Date: Feb 21, 2025
R v Hayes & Mack – Clarifying “Grave Injury” and Foreseeable Harm in Section 20 Sentencing 1. Introduction The Court of Appeal (Criminal Division) in R v Hayes & Anor ([2025] EWCA Crim 750) revisited...
Balancing Child Welfare and Sentencing Severity: The New Test for Suspending High-Culpability Child-Cruelty Sentences – Commentary on BJR & AFW [2025] EWCA Crim 217

Balancing Child Welfare and Sentencing Severity: The New Test for Suspending High-Culpability Child-Cruelty Sentences – Commentary on BJR & AFW [2025] EWCA Crim 217

Date: Feb 21, 2025
Balancing Child Welfare and Sentencing Severity: The New Test for Suspending High-Culpability Child-Cruelty Sentences – Commentary on BJR & AFW [2025] EWCA Crim 217 1. Introduction The Court of...
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