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  • Commentaries

occupiers& Case Commentaries

Supreme Court Broadens Scope of Section 423 IA 1986: Debtor Need Not Directly Own the Transferred Asset

Supreme Court Broadens Scope of Section 423 IA 1986: Debtor Need Not Directly Own the Transferred Asset

Date: Feb 20, 2025
Supreme Court Broadens Scope of Section 423 IA 1986: Debtor Need Not Directly Own the Transferred Asset Introduction In El-Husseiny & Anor v Invest Bank PSC ([2025] UKSC 4), the United Kingdom...
Ensuring Rigorous Standards in Sexual Offence Trials: Juror Competence and Evidentiary Precision in Rycroft’s Appeal

Ensuring Rigorous Standards in Sexual Offence Trials: Juror Competence and Evidentiary Precision in Rycroft’s Appeal

Date: Feb 20, 2025
Ensuring Rigorous Standards in Sexual Offence Trials: Juror Competence and Evidentiary Precision in Rycroft’s Appeal Introduction The case of Rycroft, R. v ([2025] EWCA Crim 231) brought forth in the...
A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications

A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications

Date: Feb 20, 2025
A New Precedent on Protecting the Rights of Vulnerable Patients in Transfer Applications Introduction The judgment in In the Matter of [A], and In the Matter of the Inherent Jurisdiction of the High...
Mushtaq v Minister for Justice: Clarifying Fair Procedures and Evidentiary Requirements in Visa Decisions

Mushtaq v Minister for Justice: Clarifying Fair Procedures and Evidentiary Requirements in Visa Decisions

Date: Feb 20, 2025
Mushtaq v Minister for Justice: Clarifying Fair Procedures and Evidentiary Requirements in Visa Decisions Introduction The judgment in Mushtaq v Minister for Justice ([2025] IEHC 102) represents a...
Defining the Moment of Criminality: The Dawn of a New Precedent in Fraud-Related Money Laundering

Defining the Moment of Criminality: The Dawn of a New Precedent in Fraud-Related Money Laundering

Date: Feb 20, 2025
Defining the Moment of Criminality: The Dawn of a New Precedent in Fraud-Related Money Laundering Introduction The Judgment in Kamran, R. v ([2025] EWCA Crim 247) represents an important evolution in...
The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms

The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms

Date: Feb 20, 2025
The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms 1. Introduction In R v Sharp-Meade ([2025] EWCA Crim 568) the Court of...
Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications

Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications

Date: Feb 20, 2025
Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications Introduction The case of Bradley, R. v ([2025] EWCA Crim 234) before the England and Wales Court of...
New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases

New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases

Date: Feb 19, 2025
New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases Introduction The case of Secretary of State for the Home Department v PG ([2025]...
A v DBS ([2025] EWCA Civ 124): Reinforcing the 'Might in the Future' Test in Safeguarding Regulated Activity

A v DBS ([2025] EWCA Civ 124): Reinforcing the 'Might in the Future' Test in Safeguarding Regulated Activity

Date: Feb 19, 2025
A v DBS ([2025] EWCA Civ 124): Reinforcing the "Might in the Future" Test in Safeguarding Regulated Activity Introduction The case of A v Disclosure and Barring Service ([2025] EWCA Civ 124) revisits...
Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council

Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council

Date: Feb 19, 2025
Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council Introduction The case of AI, R (On the Application Of) v West...
Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD

Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD

Date: Feb 19, 2025
Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD Introduction The case of AA (Morocco) v Secretary of State for the Home Department ([2025] EWCA...
Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy

Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy

Date: Feb 19, 2025
Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy Introduction The case of West Sussex County Council v AB & Anor ([2025] EWCA Civ...
Expansion of Judicial Powers for Proportional Document Recovery in Group Emissions Litigation

Expansion of Judicial Powers for Proportional Document Recovery in Group Emissions Litigation

Date: Feb 19, 2025
Expansion of Judicial Powers for Proportional Document Recovery in Group Emissions Litigation Introduction The judgment in the case of David Brian Batchelor against Opel Automobile (GMBH) and the...
Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A

Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A

Date: Feb 19, 2025
Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A Introduction The case of Barone, R. v ([2025] EWCA Crim 125) represents a significant judicial intervention...
Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement

Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement

Date: Feb 19, 2025
Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement Introduction The Judgment in Working on Wellbeing Ltd t/a Optima Health v Secretary of State for Work and...
Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test

Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test

Date: Feb 19, 2025
Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test Introduction The case of A Taxpayer v Commissioners for His Majesty's Revenue and Customs...
Innovations in Substituted Service: Judicial Endorsement of Social Media in Family Law Proceedings

Innovations in Substituted Service: Judicial Endorsement of Social Media in Family Law Proceedings

Date: Feb 19, 2025
Innovations in Substituted Service: Judicial Endorsement of Social Media in Family Law Proceedings Introduction The judgment in J v H (Approved) [2025] IEHC 96 delivered by Mr. Justice Jordan on...
Clarifying the Inquisitorial Role in Credibility Assessment in International Protection Appeals

Clarifying the Inquisitorial Role in Credibility Assessment in International Protection Appeals

Date: Feb 19, 2025
Clarifying the Inquisitorial Role in Credibility Assessment in International Protection Appeals Introduction The Judgment in A.S. & Ors v International Protection Appeals Tribunal & Anor (Approved)...
Establishing the Test for Arguability in Legal Aid Applications under the Custody Issues Scheme

Establishing the Test for Arguability in Legal Aid Applications under the Custody Issues Scheme

Date: Feb 19, 2025
Establishing the Test for Arguability in Legal Aid Applications under the Custody Issues Scheme Introduction The case of Rogers v Director of Public Prosecutions & Ors (Approved) [2025] IEHC 94...
Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity

Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity

Date: Feb 19, 2025
Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity Introduction The case of Health Service Executive v N.D [APUM] ([2025] IEHC 86) is a significant judicial decision...
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