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  • Commentaries

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

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...
McAteer v Magee: The Court of Appeal Re-Affirms the Davis Principles and Sets a “Highly-Exceptional” Threshold for Injunctions that Stifle Parallel Litigation

McAteer v Magee: The Court of Appeal Re-Affirms the Davis Principles and Sets a “Highly-Exceptional” Threshold for Injunctions that Stifle Parallel Litigation

Date: Nov 13, 2024
McAteer v Magee: The Court of Appeal Re-Affirms the Davis Principles and Sets a “Highly-Exceptional” Threshold for Injunctions that Stifle Parallel Litigation 1. Introduction McAteer v Magee & Ors...
Extending the Re B Doctrine: Adoption as a Proportionate Measure for Near-Adult Foster Children Without Special Needs

Extending the Re B Doctrine: Adoption as a Proportionate Measure for Near-Adult Foster Children Without Special Needs

Date: Nov 13, 2024
Extending the Re B Doctrine: Adoption as a Proportionate Measure for Near-Adult Foster Children Without Special Needs 1. Introduction Child and Family Agency & H.L.M. v Adoption Authority of Ireland...
Akbars Restaurant (Middlesbrough) Ltd v The Secretary of State for the Home Department: Clarifying Penalty Notice Requirements under the Immigration Asylum and Nationality Act 2006

Akbars Restaurant (Middlesbrough) Ltd v The Secretary of State for the Home Department: Clarifying Penalty Notice Requirements under the Immigration Asylum and Nationality Act 2006

Date: Nov 12, 2024
Akbars Restaurant (Middlesbrough) Ltd v The Secretary of State for the Home Department: Clarifying Penalty Notice Requirements under the Immigration Asylum and Nationality Act 2006 Introduction The...
Limits of Section 75 LRA 1925 and the General Boundaries Rule in Adverse Possession: Clapham & Ors v Narga [2024] EWCA Civ 1388

Limits of Section 75 LRA 1925 and the General Boundaries Rule in Adverse Possession: Clapham & Ors v Narga [2024] EWCA Civ 1388

Date: Nov 12, 2024
Limits of Section 75 LRA 1925 and the General Boundaries Rule in Adverse Possession: Clapham & Ors v Narga [2024] EWCA Civ 1388 Introduction The case of Clapham & Ors v Narga ([2024] EWCA Civ 1388)...
Supreme Court Upholds Ministerial Authority and Non-Judicial Review in Mandatory Hotel Quarantine Regime

Supreme Court Upholds Ministerial Authority and Non-Judicial Review in Mandatory Hotel Quarantine Regime

Date: Nov 12, 2024
Supreme Court Upholds Ministerial Authority and Non-Judicial Review in Mandatory Hotel Quarantine Regime Introduction In the landmark cases of Mulreany v Director of Public Prosecutions & ors and...
Defining the Scope of Post-Dissolution Actions under Section 38 PA 1890: Insights from Flohr v Frontiers Capital I Ltd Partnership

Defining the Scope of Post-Dissolution Actions under Section 38 PA 1890: Insights from Flohr v Frontiers Capital I Ltd Partnership

Date: Nov 12, 2024
Defining the Scope of Post-Dissolution Actions under Section 38 PA 1890: Insights from Flohr v Frontiers Capital I Ltd Partnership Introduction Flohr v Frontiers Capital I Ltd Partnership ([2024]...
Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards

Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards

Date: Nov 9, 2024
Slater and Gordon UK LTD v Darknell-King: Establishing Tripartite Contractual Relationships and Refining Professional Negligence Standards Introduction The case of Hayley Darknell-King against Slater...
Atlantic Developments Ltd v. Considine: Redefining Time Limits in Judicial Reviews under EU Law

Atlantic Developments Ltd v. Considine: Redefining Time Limits in Judicial Reviews under EU Law

Date: Nov 9, 2024
Atlantic Developments Ltd v. Considine: Redefining Time Limits in Judicial Reviews under EU Law 1. Introduction The case of Atlantic Developments Ltd (In Receivership) v Considine & Anor (Approved)...
Establishing Res Judicata in Garda Síochána Disciplinary Proceedings: The Ivers v Commissioner of An Garda Síochána [2024] IEHC 626

Establishing Res Judicata in Garda Síochána Disciplinary Proceedings: The Ivers v Commissioner of An Garda Síochána [2024] IEHC 626

Date: Nov 9, 2024
Establishing Res Judicata in Garda Síochána Disciplinary Proceedings: The Ivers v Commissioner of An Garda Síochána [2024] IEHC 626 Introduction Ivers v Commissioner of An Garda Síochána ([2024] IEHC...
No Abuse in Parallel Cross-Border Bankruptcy Proceedings: Barrett J. Clarifies the Limits of Res Judicata and the Rule in Henderson v Henderson

No Abuse in Parallel Cross-Border Bankruptcy Proceedings: Barrett J. Clarifies the Limits of Res Judicata and the Rule in Henderson v Henderson

Date: Nov 9, 2024
No Abuse in Parallel Cross-Border Bankruptcy Proceedings: Barrett J. Clarifies the Limits of Res Judicata and the Rule in Henderson v Henderson Introduction The High Court of Ireland, in Lehane...
Effective Communication of Appeal Rights: Insights from Chowdhury v First-tier Tribunal [2024]

Effective Communication of Appeal Rights: Insights from Chowdhury v First-tier Tribunal [2024]

Date: Nov 9, 2024
Effective Communication of Appeal Rights: Insights from Chowdhury v First-tier Tribunal [2024] Introduction The case of Chowdhury, R (On the Application Of) v The First-tier Tribunal (Immigration And...
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