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  • Commentaries

sienkiewicz-v-greif-(uk)-ltd:-upholding-the-fairchild-barker-exception-and-rejecting-the-& Case Commentaries

Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers and the Boundary of Media Defences

Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers and the Boundary of Media Defences

Date: Jul 15, 2025
Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers ([2025] IESC 30) Introduction Bird v Iconic Newspapers is the Supreme Court of Ireland’s leading decision on the scope of...
Integrated Proportionality & Domestic-Abuse Risk in International Relocation – Comment on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888

Integrated Proportionality & Domestic-Abuse Risk in International Relocation – Comment on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888

Date: Jul 15, 2025
Integrated Proportionality & Domestic-Abuse Risk in International Relocation A Commentary on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888 1. Introduction The Court of Appeal’s...
“Constraint Benefits” Re-defined:  PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

Date: Jul 15, 2025
“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases 1. Introduction In Glenfiddich Wind Ltd v Dorenell Windfarm Ltd ([2025]...
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Date: Jul 15, 2025
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases Introduction The Inner House of the Court of Session in Caledonia...
Phones 4U v EE & Ors – The “Holistic Review” Standard for Delayed Judgments and Adverse-Inference Requests

Phones 4U v EE & Ors – The “Holistic Review” Standard for Delayed Judgments and Adverse-Inference Requests

Date: Jul 15, 2025
Phones 4U v EE & Others ([2025] EWCA Civ 869) The Court of Appeal’s “Holistic Review” Standard for Delayed Judgments and the Limits of Adverse-Inference Doctrine 1. Introduction This appeal arose...
“From Worldwide to Domestic” – Court of Appeal Clarifies Partial Continuation of Freezing Orders and the Priority of Non-Proprietary Assets for Legal Funding (Gable Insurance AG v Dewsall & Ors, [2025] EWCA Civ 884)

“From Worldwide to Domestic” – Court of Appeal Clarifies Partial Continuation of Freezing Orders and the Priority of Non-Proprietary Assets for Legal Funding (Gable Insurance AG v Dewsall & Ors, [2025] EWCA Civ 884)

Date: Jul 15, 2025
“From Worldwide to Domestic” – Court of Appeal Clarifies Partial Continuation of Freezing Orders and the Priority of Non-Proprietary Assets for Legal Funding (Gable Insurance AG v Dewsall & Ors,...
No Care Order Without a Live s.31A Plan – Commentary on A & Ors (Care Orders at Home) [2025] EWCA Civ 901

No Care Order Without a Live s.31A Plan – Commentary on A & Ors (Care Orders at Home) [2025] EWCA Civ 901

Date: Jul 15, 2025
No Care Order Without a Live s.31A Plan Commentary on A & Ors (Care Orders at Home) [2025] EWCA Civ 901 1. Introduction The Court of Appeal’s decision in A & Ors (Care Orders at Home) rewinds a...
Intra-Conspiracy Supplies Must Run Concurrently – A Commentary on Takawira & Williams v R
        [2025] EWCA Crim 1037

Intra-Conspiracy Supplies Must Run Concurrently – A Commentary on Takawira & Williams v R [2025] EWCA Crim 1037

Date: Jul 12, 2025
Intra-Conspiracy Supplies Must Run Concurrently – A Commentary on Takawira & Williams v R [2025] EWCA Crim 1037 1. Introduction The Court of Appeal (Criminal Division) in Takawira & Williams v R has...
“Appropriate & Necessary”: The High Court’s Tailored-Disclosure Standard for Maintenance Variation Applications – Commentary on D.D v N.B.T. [2025] IEHC 402

“Appropriate & Necessary”: The High Court’s Tailored-Disclosure Standard for Maintenance Variation Applications – Commentary on D.D v N.B.T. [2025] IEHC 402

Date: Jul 12, 2025
“Appropriate & Necessary”: A Tailored-Disclosure Standard for Maintenance Variation Applications (Commentary on D.D v N.B.T. [2025] IEHC 402) 1. Introduction D.D v N.B.T. is a High Court (Family Law)...
Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32

Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32

Date: Jul 12, 2025
Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32 Introduction Case reference: The People (DPP) v JS, Supreme...
“Restocking Without Conviction” –  Wickford v Secretary of State [2025] EWCA Civ 882:  A Court of Appeal Blueprint for (i) Post-Prosecution Restocking Notices and (ii) When a Public-Law Error is Immaterial

“Restocking Without Conviction” – Wickford v Secretary of State [2025] EWCA Civ 882: A Court of Appeal Blueprint for (i) Post-Prosecution Restocking Notices and (ii) When a Public-Law Error is Immaterial

Date: Jul 11, 2025
“Restocking Without Conviction” – Wickford v Secretary of State for Environment, Food & Rural Affairs [2025] EWCA Civ 882 Introduction The Court of Appeal’s judgment in Wickford Development Company...
The Charterhouse Clarification: “Reasonable Recipient” and Substantial-Compliance Tests in Tenancy-Deposit Prescribed Information

The Charterhouse Clarification: “Reasonable Recipient” and Substantial-Compliance Tests in Tenancy-Deposit Prescribed Information

Date: Jul 11, 2025
The Charterhouse Clarification: “Reasonable Recipient” and Substantial-Compliance Tests in Tenancy-Deposit Prescribed Information Introduction Lowe v Governors of Sutton’s Hospital in Charterhouse...
Actual Authority, Not Ostensible Authority: The Court of Appeal Re-Defines the Limits of Undisclosed Principal Liability under Letters of Indemnity

Actual Authority, Not Ostensible Authority: The Court of Appeal Re-Defines the Limits of Undisclosed Principal Liability under Letters of Indemnity

Date: Jul 11, 2025
Actual Authority, Not Ostensible Authority: The Court of Appeal Re-Defines the Limits of Undisclosed Principal Liability under Letters of Indemnity 1. Introduction In Berge Bulk Shipping PTE Ltd v...
Kidnap with Subsequent Intent to Rape: Court of Appeal Clarifies Sentencing Autonomy – Commentary on Yellambai & Ors (R v) [2025] EWCA Crim 1017

Kidnap with Subsequent Intent to Rape: Court of Appeal Clarifies Sentencing Autonomy – Commentary on Yellambai & Ors (R v) [2025] EWCA Crim 1017

Date: Jul 11, 2025
Kidnap with Subsequent Intent to Rape: Court of Appeal Clarifies Sentencing Autonomy Commentary on Yellambai & Ors (R v) [2025] EWCA Crim 1017 1. Introduction In R v Yellambai, Manchala & Doppalapudi...
Mitigation Wears Thin: Appellate Confirmation that Persistent Violent Recidivism Can Substantially Diminish Psychiatric Mitigation and Justify Higher/Consecutive Starting Points for Multi‑Victim Knife Threats — R v Docta [2025] EWCA Crim 1144

Mitigation Wears Thin: Appellate Confirmation that Persistent Violent Recidivism Can Substantially Diminish Psychiatric Mitigation and Justify Higher/Consecutive Starting Points for Multi‑Victim Knife Threats — R v Docta [2025] EWCA Crim 1144

Date: Jul 11, 2025
Mitigation Wears Thin: Appellate Confirmation that Persistent Violent Recidivism Can Substantially Diminish Psychiatric Mitigation and Justify Higher/Consecutive Starting Points for Multi‑Victim...
Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414

Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414

Date: Jul 11, 2025
Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414 1. Introduction The High Court (Barr J) in Dennis...
R v Brown [2025] EWCA Crim 1086 —  Applying the Totality Guideline to Historical Offences Where the Offender Has Already Served a Prolonged Post-Tariff Period under an Earlier Life Sentence

R v Brown [2025] EWCA Crim 1086 — Applying the Totality Guideline to Historical Offences Where the Offender Has Already Served a Prolonged Post-Tariff Period under an Earlier Life Sentence

Date: Jul 11, 2025
R v Brown [2025] EWCA Crim 1086 — Applying the Totality Guideline to Historical Offences Where the Offender Has Already Served a Prolonged Post-Tariff Period under an Earlier Life Sentence...
R v MAK [2025] EWCA Crim 1138: Fresh “evidence” from family opinion and pressured retractions held non-probative; ABE editing and social worker as appropriate adult endorsed; pre‑sentence recommendations not binding

R v MAK [2025] EWCA Crim 1138: Fresh “evidence” from family opinion and pressured retractions held non-probative; ABE editing and social worker as appropriate adult endorsed; pre‑sentence recommendations not binding

Date: Jul 11, 2025
R v MAK [2025] EWCA Crim 1138: Fresh “Evidence” from Family Opinion and Pressured Retractions Held Non‑Probative; ABE Editing and Social Worker as Appropriate Adult Endorsed; Pre‑Sentence...
Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Date: Jul 10, 2025
Bench Technology and Procedural Fairness: UV v Locality Reporter Manager & WX ([2025] CSIH 19) — A New Touchstone on Judicial In-Court Use of Electronic Devices 1. Introduction The Inner House of the...
“Apparent” Means Plainly Visible:  Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

“Apparent” Means Plainly Visible: Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

Date: Jul 10, 2025
“Apparent” Means Plainly Visible: The New Threshold for General Disclosure in Share-Purchase Agreements Introduction In Ruby Properties (Scotland) Ltd (formerly ARB Aviation Ltd) v James Alistair...
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