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  • Commentaries

preclusion-of-common-law-damages-after-workmen& Case Commentaries

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...
Smith, R. v. [2025] EWCA Crim 221: Establishing Proportionality and Discretion in Sentencing for Persistent Offending

Smith, R. v. [2025] EWCA Crim 221: Establishing Proportionality and Discretion in Sentencing for Persistent Offending

Date: Feb 21, 2025
Smith, R. v. [2025] EWCA Crim 221: Establishing Proportionality and Discretion in Sentencing for Persistent Offending Introduction The case of Smith, R. v. [2025] EWCA Crim 221 involves an appeal by...
“From Caution to Defamation: When Professional-Negligence Advice Is NOT Defamatory” – Analysis of O'Connor v. Legal Aid Board & Ors. [2025] IECA 39

“From Caution to Defamation: When Professional-Negligence Advice Is NOT Defamatory” – Analysis of O'Connor v. Legal Aid Board & Ors. [2025] IECA 39

Date: Feb 21, 2025
“From Caution to Defamation: When Professional-Negligence Advice Is NOT Defamatory” Commentary on O'Connor v. Legal Aid Board & Ors. [2025] IECA 39 1. Introduction O'Connor v. Legal Aid Board & Ors....
The Rump Funds Conundrum: Lodgment of Unapplied or Undistributable Balances under s.623 of the Companies Act 2014

The Rump Funds Conundrum: Lodgment of Unapplied or Undistributable Balances under s.623 of the Companies Act 2014

Date: Feb 21, 2025
The Rump Funds Conundrum: Lodgment of Unapplied or Undistributable Balances under s.623 of the Companies Act 2014 Introduction This commentary examines the landmark judgment delivered by Mr. Justice...
Balancing Deference and Proportionality in Regulatory Sanctions: RS v Health and Social Care Professionals Council

Balancing Deference and Proportionality in Regulatory Sanctions: RS v Health and Social Care Professionals Council

Date: Feb 21, 2025
Balancing Deference and Proportionality in Regulatory Sanctions: RS v Health and Social Care Professionals Council Introduction RS v Health and Social Care Professionals Council [2025] IEHC 267 is a...
“Deliberate Absence from Trial” Clarified: New Guidance on Extradition under Section 20 of the Extradition Act 2003

“Deliberate Absence from Trial” Clarified: New Guidance on Extradition under Section 20 of the Extradition Act 2003

Date: Feb 20, 2025
Deliberate Absence from Trial Clarified: New Guidance on Extradition under Section 20 of the Extradition Act 2003 Introduction This case, Karczewski v The Lord Advocate (representing the Republic of...
Clarified Fiduciary Standards in Quasi-Partnerships: Davidson & Others v Pinz Bowling Ltd & Others ([2025] CSIH 6)

Clarified Fiduciary Standards in Quasi-Partnerships: Davidson & Others v Pinz Bowling Ltd & Others ([2025] CSIH 6)

Date: Feb 20, 2025
Clarified Fiduciary Standards in Quasi-Partnerships: Davidson & Others v Pinz Bowling Ltd & Others ([2025] CSIH 6) 1. Introduction The reclaimer proceedings in Davidson & Others v Pinz Bowling Ltd &...
Affirming the Parole Board’s Discretion to Disregard Withheld Damaging Information

Affirming the Parole Board’s Discretion to Disregard Withheld Damaging Information

Date: Feb 20, 2025
Affirming the Parole Board’s Discretion to Disregard Withheld Damaging Information 1. Introduction In Petition of Luke Mitchell for Judicial Review (Court of Session) ([2025] CSOH 19), the Scottish...
Clarifying the Limits of Article 4 Obligations in School Exclusions

Clarifying the Limits of Article 4 Obligations in School Exclusions

Date: Feb 20, 2025
Clarifying the Limits of Article 4 Obligations in School Exclusions 1. Introduction This commentary examines the Court of Appeal’s decision in RWU, R (on the application of) v The Governing Body of A...
When “Wholly Enforceable” Means Waiver of Immunity: A New Principle in Enforcing Arbitration Awards Against States

When “Wholly Enforceable” Means Waiver of Immunity: A New Principle in Enforcing Arbitration Awards Against States

Date: Feb 20, 2025
When “Wholly Enforceable” Means Waiver of Immunity: A New Principle in Enforcing Arbitration Awards Against States 1. Introduction The case of General Dynamics United Kingdom Ltd v The State of Libya...
Excluding Declaratory Judgments from the Doctrine of Merger: Nasir v Zavarco Plc ([2025] UKSC 5)

Excluding Declaratory Judgments from the Doctrine of Merger: Nasir v Zavarco Plc ([2025] UKSC 5)

Date: Feb 20, 2025
Excluding Declaratory Judgments from the Doctrine of Merger: Nasir v Zavarco Plc ([2025] UKSC 5) 1. Introduction In Nasir v Zavarco Plc ([2025] UKSC 5), the United Kingdom Supreme Court confronted...
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...
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