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  • Commentaries

proportionality-in-deportation-cases-under-article-8-echr:-upper-tribunal& Case Commentaries

Maximizing Autonomy in Capacity Assessments: Insights from In Re A Ward [2024] IEHC 151

Maximizing Autonomy in Capacity Assessments: Insights from In Re A Ward [2024] IEHC 151

Date: Feb 29, 2024
Maximizing Autonomy in Capacity Assessments: Insights from In Re A Ward: General Solicitor (LM) [2024] IEHC 151 Introduction The High Court of Ireland delivered an ex tempore ruling on February 28,...
Taylor v Jones & Anor: Defining Liability for Pre-Existing Defects under the Party Wall etc. Act 1996

Taylor v Jones & Anor: Defining Liability for Pre-Existing Defects under the Party Wall etc. Act 1996

Date: Feb 29, 2024
Taylor v Jones & Anor: Defining Liability for Pre-Existing Defects under the Party Wall etc. Act 1996 Introduction Taylor v Jones & Anor ([2024] EWCA Civ 170) is a significant case adjudicated by the...
R v. S ([2024] ScotCS CSOH_21): Establishing Priority of Maternal Residence in Relocation Cases Under the Children (Scotland) Act 1995

R v. S ([2024] ScotCS CSOH_21): Establishing Priority of Maternal Residence in Relocation Cases Under the Children (Scotland) Act 1995

Date: Feb 29, 2024
R v. S ([2024] ScotCS CSOH_21): Establishing Priority of Maternal Residence in Relocation Cases Under the Children (Scotland) Act 1995 Introduction The case of R (Mother) vs. S (Father) ([2024]...
Public Policy and Corporate Identity: Insights from McCool Controls v Honeywell Controls Systems (2024)

Public Policy and Corporate Identity: Insights from McCool Controls v Honeywell Controls Systems (2024)

Date: Feb 28, 2024
Public Policy and Corporate Identity: Insights from McCool Controls and Engineering Ltd v Honeywell Control Systems Ltd (2024) IESC 5 Introduction McCool Controls and Engineering Ltd v Honeywell...
Balancing Relevance and Proportionality in Document Discovery: Insights from National Paediatric Hospital Development Board v Bam Building Ltd [2024] IEHC 114

Balancing Relevance and Proportionality in Document Discovery: Insights from National Paediatric Hospital Development Board v Bam Building Ltd [2024] IEHC 114

Date: Feb 28, 2024
Balancing Relevance and Proportionality in Document Discovery: Insights from National Paediatric Hospital Development Board v Bam Building Ltd [2024] IEHC 114 Introduction The case of National...
Affirmation of Circuit Court Orders in O. v G.: Maintenance and Access Re-Evaluated

Affirmation of Circuit Court Orders in O. v G.: Maintenance and Access Re-Evaluated

Date: Feb 28, 2024
Affirmation of Circuit Court Orders in O. v G.: Maintenance and Access Re-Evaluated Introduction The case of O. v G. ([2024] IEHC 117) was adjudicated by the High Court of Ireland on February 27,...
Unreasonable Litigation Conduct: Livingston Football Club Ltd v Neil Hogarth [2024] CSOH 19

Unreasonable Litigation Conduct: Livingston Football Club Ltd v Neil Hogarth [2024] CSOH 19

Date: Feb 28, 2024
Unreasonable Litigation Conduct: Livingston Football Club Ltd v Neil Hogarth [2024] CSOH 19 Introduction The case of Livingston Football Club Limited ("the Pursuer") versus Neil Hogarth ("the...
Proportionality and Judicial Review in Sanctions: Dalston Projects & Shvidler v Secretary of State for Transport [2024] EWCA Civ 172

Proportionality and Judicial Review in Sanctions: Dalston Projects & Shvidler v Secretary of State for Transport [2024] EWCA Civ 172

Date: Feb 28, 2024
Proportionality and Judicial Review in Sanctions: Dalston Projects & Shvidler v Secretary of State for Transport [2024] EWCA Civ 172 Introduction The landmark case of Dalston Projects Ltd & Ors v...
Joinder of Official Receiver in Patent Infringement: Flitcraft Ltd & Ors v Price & Anor ([2024] EWCA Civ 136)

Joinder of Official Receiver in Patent Infringement: Flitcraft Ltd & Ors v Price & Anor ([2024] EWCA Civ 136)

Date: Feb 28, 2024
Joinder of Official Receiver in Patent Infringement: Flitcraft Ltd & Ors v Price & Anor ([2024] EWCA Civ 136) Introduction Flitcraft Ltd & Ors v Price & Anor ([2024] EWCA Civ 136) is a pivotal case...
Assignment of Cause of Action to Principal Shareholders: Insights from McCool Controls v. Honeywell Controls Systems Ltd

Assignment of Cause of Action to Principal Shareholders: Insights from McCool Controls v. Honeywell Controls Systems Ltd

Date: Feb 28, 2024
Assignment of Cause of Action to Principal Shareholders: Insights from McCool Controls v. Honeywell Controls Systems Ltd Introduction The Supreme Court of Ireland, in the landmark case McCool...
Public Policy and Assignment of Bare Choses in Action: Insights from McCool v Honeywell Controls Systems Ltd [2024] IESC 5

Public Policy and Assignment of Bare Choses in Action: Insights from McCool v Honeywell Controls Systems Ltd [2024] IESC 5

Date: Feb 28, 2024
Public Policy and Assignment of Bare Choses in Action: Insights from McCool Controls and Engineering Ltd v Honeywell Controls Systems Ltd [2024] IESC 5 Introduction The Supreme Court of Ireland, in...
Clarifying Condition Precedent for Loss and Expense Claims in Construction Contracts: FES Ltd v HFD Construction Group Ltd

Clarifying Condition Precedent for Loss and Expense Claims in Construction Contracts: FES Ltd v HFD Construction Group Ltd

Date: Feb 28, 2024
Clarifying Condition Precedent for Loss and Expense Claims in Construction Contracts: FES Ltd v HFD Construction Group Ltd 1. Introduction The case of FES Limited versus HFD Construction Group...
Invalid Renewal Order Due to Clerical Errors: YZ v Clinical Director of XY Hospital

Invalid Renewal Order Due to Clerical Errors: YZ v Clinical Director of XY Hospital

Date: Feb 28, 2024
Invalid Renewal Order Due to Clerical Errors: YZ v Clinical Director of XY Hospital Introduction The case YZ v Clinical Director of the Department of Psychiatry XY Hospital & Anor [2024] IEHC 169...
Supreme Court Upholds Substitution of Assignee as Plaintiff in Corporate Litigation: McCool Controls v Honeywell

Supreme Court Upholds Substitution of Assignee as Plaintiff in Corporate Litigation: McCool Controls v Honeywell

Date: Feb 28, 2024
Supreme Court Upholds Substitution of Assignee as Plaintiff in Corporate Litigation: McCool Controls v Honeywell Introduction The case of McCool Controls and Engineering Ltd v Honeywell Controls...
VAT Exemption for NHS Foundation Trust Car Parking Establishes New Legal Precedent

VAT Exemption for NHS Foundation Trust Car Parking Establishes New Legal Precedent

Date: Feb 28, 2024
VAT Exemption for NHS Foundation Trust Car Parking Establishes New Legal Precedent Introduction The case of Northumbria Healthcare NHS Foundation Trust v Revenue And Customs ([2024] EWCA Civ 177)...
Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178: Unified Treatment of Grace Periods in Registered Design Infringement

Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178: Unified Treatment of Grace Periods in Registered Design Infringement

Date: Feb 28, 2024
Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178: Unified Treatment of Grace Periods in Registered Design Infringement Introduction The case of Marks and Spencer PLC v Aldi Stores Ltd...
Royal Mail Group Ltd v DAF Trucks Ltd: Establishing Standards for Pass-On Defenses in Competition Law Damages Claims

Royal Mail Group Ltd v DAF Trucks Ltd: Establishing Standards for Pass-On Defenses in Competition Law Damages Claims

Date: Feb 28, 2024
Royal Mail Group Ltd v DAF Trucks Ltd: Establishing Standards for Pass-On Defenses in Competition Law Damages Claims Introduction The case of Royal Mail Group Ltd v DAF Trucks Ltd & Ors ([2024] EWCA...
Gerard Adams' Application: Establishing the Academic Nature of Judicial Appeals in Post-Legislative Context

Gerard Adams' Application: Establishing the Academic Nature of Judicial Appeals in Post-Legislative Context

Date: Feb 27, 2024
Gerard Adams' Application: Establishing the Academic Nature of Judicial Appeals in Post-Legislative Context Introduction The case of Gerard Adams' Application ([2024] NICA 15) before the Court of...
Establishing Date of Decision as Trigger for Judicial Review Timeframes in Thompson & Anor v An Bord Pleanala (2024)

Establishing Date of Decision as Trigger for Judicial Review Timeframes in Thompson & Anor v An Bord Pleanala (2024)

Date: Feb 27, 2024
Establishing Date of Decision as Trigger for Judicial Review Timeframes in Thompson & Anor v An Bord Pleanala (2024) Introduction The case of Thompson & Anor v An Bord Pleanala ([2024] IEHC 101)...
Exhaustion of Appeal Remedies in Planning Judicial Review: Morehart v Monaghan County Council [2024] IEHC 100

Exhaustion of Appeal Remedies in Planning Judicial Review: Morehart v Monaghan County Council [2024] IEHC 100

Date: Feb 27, 2024
Exhaustion of Appeal Remedies in Planning Judicial Review: Morehart v Monaghan County Council [2024] IEHC 100 Introduction Morehart v Monaghan County Council [2024] IEHC 100 is a pivotal case...
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