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  • Commentaries

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

R v WAG: Court of Appeal Clarifies the “Lead-Offence” Method and the Need for Discrete Sentences When Dealing with Multiple Sexual Offences

R v WAG: Court of Appeal Clarifies the “Lead-Offence” Method and the Need for Discrete Sentences When Dealing with Multiple Sexual Offences

Date: Jun 25, 2025
R v WAG: Court of Appeal Clarifies the “Lead-Offence” Method and the Need for Discrete Sentences When Dealing with Multiple Sexual Offences Introduction In WAG, R. v ([2025] EWCA Crim 968) the...
“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412

“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412

Date: Jun 25, 2025
“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412 1. Introduction DS v Minister for Defence & Ors centres on a serving soldier’s...
Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications

Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications

Date: Jun 25, 2025
Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications 1. Introduction Downtul Ltd (In Liquidation) v...
“Specific Terrorist Activity” Redefined: A Commentary on Niinemae v R [2025] EWCA Crim 984

“Specific Terrorist Activity” Redefined: A Commentary on Niinemae v R [2025] EWCA Crim 984

Date: Jun 25, 2025
“Specific Terrorist Activity” Redefined: A Commentary on Niinemae v R [2025] EWCA Crim 984 Introduction The Court of Appeal’s decision in Niinemae v R provides the most authoritative guidance to date...
Ibrahim v Rex ([2025] EWCA Crim 983): Refocusing Adverse-Inference Directions on Defence Case Statements

Ibrahim v Rex ([2025] EWCA Crim 983): Refocusing Adverse-Inference Directions on Defence Case Statements

Date: Jun 24, 2025
Ibrahim v Rex ([2025] EWCA Crim 983): Refocusing Adverse-Inference Directions on Defence Case Statements Introduction The Court of Appeal (Criminal Division) has delivered an important decision...
Lucas v Eurocoach (NI) Ltd:  The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act 1995

Lucas v Eurocoach (NI) Ltd: The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act 1995

Date: Jun 23, 2025
Lucas v Eurocoach (NI) Ltd: The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act...
CD v R [2025] NICA 34 –  When Missing Words Do Not Miscarry Justice:  The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions

CD v R [2025] NICA 34 – When Missing Words Do Not Miscarry Justice: The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions

Date: Jun 23, 2025
CD v R [2025] NICA 34 – When Missing Words Do Not Miscarry Justice: The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions 1. Introduction CD v R ([2025] NICA 34) is a Court of Appeal...
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant

Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant

Date: Jun 23, 2025
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant Introduction In Application for Leave to...
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (NMC Extension Cases, [2025] CSOH 51)

“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (NMC Extension Cases, [2025] CSOH 51)

Date: Jun 23, 2025
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (The Nursing & Midwifery Council for Extension of Time Periods of Interim...
Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40

Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40

Date: Jun 21, 2025
Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40 Introduction Court: Court of Appeal in Northern Ireland | Date: 20 June 2025 Coram: Keegan LCJ,...
Sentencing Autonomy and Elevated Benchmarks for Predatory Child-Sexual Offences in Northern Ireland – Commentary on Costar v R [2025] NICA 37

Sentencing Autonomy and Elevated Benchmarks for Predatory Child-Sexual Offences in Northern Ireland – Commentary on Costar v R [2025] NICA 37

Date: Jun 21, 2025
Sentencing Autonomy and Elevated Benchmarks for Predatory Child-Sexual Offences in Northern Ireland Commentary on Costar v R [2025] NICA 37 1. Introduction In Costar v R the Court of Appeal in...
Reaffirming the Newton Hearing Framework: The Duty to Give Reasoned Rulings on Disputed Facts at Sentencing

Reaffirming the Newton Hearing Framework: The Duty to Give Reasoned Rulings on Disputed Facts at Sentencing

Date: Jun 21, 2025
Reaffirming the Newton Hearing Framework: The Duty to Give Reasoned Rulings on Disputed Facts at Sentencing 1. Introduction The Court of Appeal in Northern Ireland, in Weir, R. v ([2025] NICA 38),...
“From ‘Open Price’ to ‘Market Price’: KSY Juice Blends UK Ltd v Citrosuco GmbH and the Revival of Reasonable-Price Implied Terms”

“From ‘Open Price’ to ‘Market Price’: KSY Juice Blends UK Ltd v Citrosuco GmbH and the Revival of Reasonable-Price Implied Terms”

Date: Jun 20, 2025
From “Open Price” to “Market Price”: KSY Juice Blends UK Ltd v Citrosuco GmbH ([2025] EWCA Civ 760) Introduction The Court of Appeal’s decision in KSY Juice Blends UK Ltd v Citrosuco GmbH tackles a...
Reaffirming the Multi-Factorial Test for Extended Disclosure under PD 57AD – Comment on AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd [2025] EWCA Civ 755

Reaffirming the Multi-Factorial Test for Extended Disclosure under PD 57AD – Comment on AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd [2025] EWCA Civ 755

Date: Jun 20, 2025
Reaffirming the Multi-Factorial Test for Extended Disclosure under PD 57AD Commentary on AmTrust Specialty Ltd v Endurance Worldwide Insurance Ltd (t/a Sompo International) [2025] EWCA Civ 755 1....
Limiting Speculative Credibility Assessments in International Protection Appeals: Commentary on J.L. v. International Protection Appeals Tribunal & Minister for Justice [2025] IEHC 347

Limiting Speculative Credibility Assessments in International Protection Appeals: Commentary on J.L. v. International Protection Appeals Tribunal & Minister for Justice [2025] IEHC 347

Date: Jun 20, 2025
Limiting Speculative Credibility Assessments in International Protection Appeals Commentary on J.L. v. International Protection Appeals Tribunal & Minister for Justice [2025] IEHC 347 1. Introduction...
“From Intermediaries to Hearsay” – Claffey & Roach and the Re-drawing of the Bad-Character / Investigation Boundary

“From Intermediaries to Hearsay” – Claffey & Roach and the Re-drawing of the Bad-Character / Investigation Boundary

Date: Jun 20, 2025
“From Intermediaries to Hearsay” – How Claffey, R. v ([2025] EWCA Crim 852) Clarifies the Scope of s.98(b) CJA 2003 and the Threshold for Self-Defence Directions Introduction Claffey, R. v and Roach,...
R v Davis [2025] EWCA Crim 916 – Clarifying the Totality Guideline in Unduly Lenient Sentence References for Historic Child-Sex Offences

R v Davis [2025] EWCA Crim 916 – Clarifying the Totality Guideline in Unduly Lenient Sentence References for Historic Child-Sex Offences

Date: Jun 20, 2025
R v Davis [2025] EWCA Crim 916 – Clarifying the Totality Guideline in Unduly Lenient Sentence References for Historic Child-Sex Offences Introduction This commentary examines the Court of Appeal...
Fernandez: Re-asserting Judicial Discretion in Culpability Assessment for “Causing Death by Careless Driving while Under the Influence”

Fernandez: Re-asserting Judicial Discretion in Culpability Assessment for “Causing Death by Careless Driving while Under the Influence”

Date: Jun 19, 2025
Fernandez: Re-asserting Judicial Discretion in Culpability Assessment for “Causing Death by Careless Driving while Under the Influence” Introduction Fernandez, R. v ([2025] EWCA Crim 907) is a Court...
McFerran v O'Connor – Re-affirming the “Just and Convenient” Test for Split Trials in Complex Personal-Injury Actions

McFerran v O'Connor – Re-affirming the “Just and Convenient” Test for Split Trials in Complex Personal-Injury Actions

Date: Jun 19, 2025
McFerran v O'Connor – Re-affirming the “Just and Convenient” Test for Split Trials in Complex Personal-Injury Actions Introduction In McFerran v O’Connor ([2025] NICA 35) the Court of Appeal in...
Burden of Proof on Objections to Enduring Powers of Attorney & Tolerance of Minor Formal Defects – A Comment on DK & Anor v PK ([2025] IEHC 344)

Burden of Proof on Objections to Enduring Powers of Attorney & Tolerance of Minor Formal Defects – A Comment on DK & Anor v PK ([2025] IEHC 344)

Date: Jun 19, 2025
“Once Facial Validity Is Shown, the Objector Must Prove Otherwise” – Barniville P clarifies the Burden in EPA Objections and the Treatment of Minor Formal Flaws Commentary on DK & CK v PK (Approved)...
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