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  • Commentaries

occupiers& Case Commentaries

The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent

The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent

Date: Mar 26, 2025
The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent Introduction The judgment in Doyle & Ors v An Bord Pleanala & Ors ([2025]...
Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions

Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions

Date: Mar 26, 2025
Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions Introduction Tracey v Commissioner of An Garda Síochána [2025] IEHC 234 was decided by the...
New Precedent on Residual Discretion and Feasibility in Capacity Auctions

New Precedent on Residual Discretion and Feasibility in Capacity Auctions

Date: Mar 26, 2025
New Precedent on Residual Discretion and Feasibility in Capacity Auctions Introduction This commentary examines the recent judgment in the twin actions, Kilshane Energy Ltd v EirGrid PLC & Others and...
Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard

Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard

Date: Mar 25, 2025
Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard Introduction This commentary examines the Court of Appeal’s judgment in Expert Tooling And Automation Ltd v...
Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing

Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing

Date: Mar 25, 2025
Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing Introduction The case before the Scottish High Court of Justiciary, "Appeal against Sentence by RH against HMA ([2025]...
Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings

Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings

Date: Mar 25, 2025
Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings Introduction The judgment in Iain Urquhart v Stellantis Auto SAS and others by the Scottish Court of...
Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent

Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent

Date: Mar 25, 2025
Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent Introduction The case of Revenue and Customs v Innovative Bites Ltd ([2025] EWCA Civ 293)...
Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes

Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes

Date: Mar 25, 2025
Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes Introduction The case of F4 v Secretary of State for the Home Department ([2025]...
Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Date: Mar 25, 2025
Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment Introduction This commentary examines the High Court decision in Leech & Anor v An...
Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436

Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436

Date: Mar 22, 2025
Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436 Introduction R v Stead [2025] EWCA...
Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Date: Mar 22, 2025
Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law Introduction The case of Thompson & Anor v An Bord Pleanala & Ors [No.4]...
Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Date: Mar 22, 2025
Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates Introduction In NUA Healthcare Services Ltd v Commissioner for Valuation; Redwood Extended Care Facility v Commissioner for...
Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11

Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11

Date: Mar 21, 2025
Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11 Introduction The Court of Appeal’s decision in South East Water Ltd v Elster Water Metering Ltd [2025] EWCA Civ 287...
Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest

Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest

Date: Mar 21, 2025
Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest Introduction The judgment in Sweetman v Environmental Protection Agency & Ors...
Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law

Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law

Date: Mar 21, 2025
Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law Introduction In the case of Protect East Meath Ltd v Meath County Council (Approved) [2025] IEHC...
New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance

New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance

Date: Mar 21, 2025
New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance Introduction The case of L v Teaching Council (Approved) [2025] IEHC 155 before the High...
New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies

New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies

Date: Mar 21, 2025
New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies Introduction The judgment in the case of GT v Minister for Justice & Anor [No.2]...
Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings

Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings

Date: Mar 21, 2025
Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings Introduction The judgment in Ambasaid Ltd & Anor v MBCC Foods [Ireland] (Approved) ([2025] IEHC 152)...
Holistic Assessment in Internal Relocation: A New Approach to Evaluating Asylum Claims

Holistic Assessment in Internal Relocation: A New Approach to Evaluating Asylum Claims

Date: Mar 21, 2025
Holistic Assessment in Internal Relocation: A New Approach to Evaluating Asylum Claims Introduction The case of ASJ (Somalia) v Secretary of State for the Home Department [2025] EWCA Civ 282...
Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits

Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits

Date: Mar 21, 2025
Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits 1. Introduction In Rukhadze & Ors v Recovery Partners GP Ltd & Anor ([2025] UKSC 10), the United Kingdom...
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