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  • Commentaries

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

Expanding the Bounds of Liberal Amendment under Order 28: Balancing Prejudice and Procedural Fairness

Expanding the Bounds of Liberal Amendment under Order 28: Balancing Prejudice and Procedural Fairness

Date: Jan 29, 2025
Expanding the Bounds of Liberal Amendment under Order 28: Balancing Prejudice and Procedural Fairness Introduction The High Court of Ireland’s judgment in Kelly v Fennell & Ors ([2025] IEHC 82)...
Reaffirming the Last-Resort Principle: Proportionality and Persistent Danger in Life Sentencing

Reaffirming the Last-Resort Principle: Proportionality and Persistent Danger in Life Sentencing

Date: Jan 29, 2025
Reaffirming the Last-Resort Principle: Proportionality and Persistent Danger in Life Sentencing Introduction The case of Pitman, R. v ([2025] EWCA Crim 116) presents a challenging scenario in...
Ibbotson Revisited: Disregarding “duplication of sentencing purposes” and reaffirming a stepwise totality approach to consecutive sentences and plea discounts in organised crime cases

Ibbotson Revisited: Disregarding “duplication of sentencing purposes” and reaffirming a stepwise totality approach to consecutive sentences and plea discounts in organised crime cases

Date: Jan 29, 2025
Ibbotson Revisited: Disregarding “duplication of sentencing purposes” and reaffirming a stepwise totality approach to consecutive sentences and plea discounts in organised crime cases Introduction In...
Balancing Aggravation and Mitigation in Unsafe Driving: New Precedents from R v Dagnall

Balancing Aggravation and Mitigation in Unsafe Driving: New Precedents from R v Dagnall

Date: Jan 29, 2025
Balancing Aggravation and Mitigation in Unsafe Driving: New Precedents from R v Dagnall Introduction The case of R v Dagnall ([2025] EWCA Crim 202) before the England and Wales Court of Appeal...
Improper‑Purpose Disposals of Jersey Trust Assets Are Void: BFP Without Notice Tightened; Insolvent-Trust Balancing Reaffirmed; “Retirement to Facilitate” Breach Engages Trustee Liability

Improper‑Purpose Disposals of Jersey Trust Assets Are Void: BFP Without Notice Tightened; Insolvent-Trust Balancing Reaffirmed; “Retirement to Facilitate” Breach Engages Trustee Liability

Date: Jan 29, 2025
Improper‑Purpose Disposals of Jersey Trust Assets Are Void: BFP Without Notice Tightened; Insolvent-Trust Balancing Reaffirmed; “Retirement to Facilitate” Breach Engages Trustee Liability...
Establishment of Decision Making Representative Role under the Assisted Decision-Making Capacity Act 2015

Establishment of Decision Making Representative Role under the Assisted Decision-Making Capacity Act 2015

Date: Jan 29, 2025
Establishment of Decision Making Representative Role under the Assisted Decision-Making Capacity Act 2015 Introduction The High Court of Ireland rendered a significant judgment in the case titled In...
Stokes v The King [2025]: Upholding Admissibility of EncroChat Evidence Amidst Jury Irregularities

Stokes v The King [2025]: Upholding Admissibility of EncroChat Evidence Amidst Jury Irregularities

Date: Jan 28, 2025
Stokes v The King [2025]: Upholding Admissibility of EncroChat Evidence Amidst Jury Irregularities Introduction The case of Stokes & Ors v The King ([2025] EWCA Crim 51) pertains to the convictions...
Garrington v Rex: Establishing Robust Standards for Identification Evidence in Joint Enterprise Cases

Garrington v Rex: Establishing Robust Standards for Identification Evidence in Joint Enterprise Cases

Date: Jan 28, 2025
Garrington v Rex: Establishing Robust Standards for Identification Evidence in Joint Enterprise Cases Introduction The case of Garrington v Rex ([2025] EWCA Crim 52) presents a pivotal moment in the...
Anonymisation of Judges: Establishing Jurisdictional Limits in Tickle & Anor v The BBC & Ors ([2025] EWCA Civ 42)

Anonymisation of Judges: Establishing Jurisdictional Limits in Tickle & Anor v The BBC & Ors ([2025] EWCA Civ 42)

Date: Jan 28, 2025
Anonymisation of Judges: Establishing Jurisdictional Limits in Tickle & Anor v The BBC & Ors ([2025] EWCA Civ 42) Introduction The case Tickle & Anor v The BBC & Ors ([2025] EWCA Civ 42) addresses a...
Khan v Secretary of State: Establishing Proportionality in Sanctions Designations under SAMLA 2018

Khan v Secretary of State: Establishing Proportionality in Sanctions Designations under SAMLA 2018

Date: Jan 28, 2025
Khan v Secretary of State: Establishing Proportionality in Sanctions Designations under SAMLA 2018 Introduction In the case of Khan v Secretary of State for Foreign, Commonwealth and Development...
Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice

Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice

Date: Jan 28, 2025
Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice Introduction The judgment in Cavan v Bunting ([2025] NICA 12) presents a seminal...
Balancing Confidentiality and Fair Disclosure in Discovery: Persona Digital Telephony Ltd & Anor v Minister for Public Enterprise & Ors [2025] IEHC 33

Balancing Confidentiality and Fair Disclosure in Discovery: Persona Digital Telephony Ltd & Anor v Minister for Public Enterprise & Ors [2025] IEHC 33

Date: Jan 28, 2025
Balancing Confidentiality and Fair Disclosure in Discovery: Persona Digital Telephony Ltd & Anor v Minister for Public Enterprise & Ors [2025] IEHC 33 Introduction The case of Persona Digital...
Clarifying the Aggregate Sentence Limit for Summary Offences: The R. v Fewery Precedent

Clarifying the Aggregate Sentence Limit for Summary Offences: The R. v Fewery Precedent

Date: Jan 25, 2025
Clarifying the Aggregate Sentence Limit for Summary Offences: The R. v Fewery Precedent Introduction The case of R. v Fewery, decided by the England and Wales Court of Appeal (Criminal Division) on...
Timely Prosecution and the Accountability for Delay in Interlocutory Relief: Commentary on Gilroy & anor v O'Leary & anor ([2025] IEHC 6)

Timely Prosecution and the Accountability for Delay in Interlocutory Relief: Commentary on Gilroy & anor v O'Leary & anor ([2025] IEHC 6)

Date: Jan 25, 2025
Timely Prosecution and Accountability for Delay in Interlocutory Relief Introduction The case of Gilroy & anor v O'Leary & anor ([2025] IEHC 6), delivered by Mr Justice Liam Kennedy in the High Court...
Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007

Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007

Date: Jan 25, 2025
Permitted Extension of Permanence Orders to Children Aged 16–17 under the Adoption and Children (Scotland) Act 2007 Introduction Glasgow City Council v MM ([2025] CSIH 3) concerned the statutory...
Legal Commentary on S.P. v Governor of Mountjoy Prison & Anor (Approved) ([2025] IEHC 37)

Legal Commentary on S.P. v Governor of Mountjoy Prison & Anor (Approved) ([2025] IEHC 37)

Date: Jan 25, 2025
Proportionality and Procedural Safeguards in Solitary Confinement: Insights from S.P. v Governor of Mountjoy Prison & Anor Introduction The case S.P. v Governor of Mountjoy Prison & Anor (Approved)...
High Court Reinforces Stringent Standards for Certificate Applications under Section 50A(7) of the Planning and Development Act 2000 – Freeney v An Bord Pleanála [2025] IEHC 36

High Court Reinforces Stringent Standards for Certificate Applications under Section 50A(7) of the Planning and Development Act 2000 – Freeney v An Bord Pleanála [2025] IEHC 36

Date: Jan 25, 2025
High Court Reinforces Stringent Standards for Certificate Applications under Section 50A(7) of the Planning and Development Act 2000 – Freeney v An Bord Pleanála [2025] IEHC 36 Introduction The case...
Balancing Aggravation and Mitigation: New Precedents in Rape Sentencing Established in Imran, R. v ([2025] EWCA Crim 162)

Balancing Aggravation and Mitigation: New Precedents in Rape Sentencing Established in Imran, R. v ([2025] EWCA Crim 162)

Date: Jan 25, 2025
Balancing Aggravation and Mitigation: New Precedents in Rape Sentencing Established in Imran, R. v ([2025] EWCA Crim 162) Introduction The Court of Appeal's decision in Imran, R. v ([2025] EWCA Crim...
The Cusp Principle: Holistic Categorisation of Harm in Knife‐Wounding Sentencing

The Cusp Principle: Holistic Categorisation of Harm in Knife‐Wounding Sentencing

Date: Jan 25, 2025
The Cusp Principle: Holistic Categorisation of Harm in Knife‐Wounding Sentencing Introduction Bryson v R ([2025] EWCA Crim 569) is a landmark decision of the England and Wales Court of Appeal...
Strict Adherence to 'Forthwith' Submission of New Information under s. 50 in Deportation Orders: Insights from Z.P v Minister for Justice and Equality ([2025] IEHC 30)

Strict Adherence to 'Forthwith' Submission of New Information under s. 50 in Deportation Orders: Insights from Z.P v Minister for Justice and Equality ([2025] IEHC 30)

Date: Jan 24, 2025
Strict Adherence to 'Forthwith' Submission of New Information under s. 50 in Deportation Orders: Insights from Z.P v Minister for Justice and Equality ([2025] IEHC 30) Introduction The case of Z.P v...
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