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  • Commentaries

uk-supreme-court-clarifies-& Case Commentaries

Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424

Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424

Date: Jul 30, 2025
Executor Expenses and Income on Specific Legacies – New Guidance from Dillon v Connolly [2025] IEHC 424 1. Introduction Dillon v Connolly ([2025] IEHC 424) arises from the long-running administration...
Defining Independent Sub-Categories of Services for Partial Revocation: The Precedent Set in easyGroup Ltd v easyfundraising Ltd ([2025] EWCA Civ 1000)

Defining Independent Sub-Categories of Services for Partial Revocation: The Precedent Set in easyGroup Ltd v easyfundraising Ltd ([2025] EWCA Civ 1000)

Date: Jul 30, 2025
Defining Independent Sub-Categories of Services for Partial Revocation: The Precedent Set in easyGroup Ltd v easyfundraising Ltd ([2025] EWCA Civ 1000) 1. Introduction In July 2025 the Court of...
Severability of Arbitral Awards: Confirmation of a Valid Claimant’s Award Despite Co-Claimant’s Jurisdictional Defeat – Commentary on The Czech Republic v Diag SE & Anor [2025] EWCA Civ 998

Severability of Arbitral Awards: Confirmation of a Valid Claimant’s Award Despite Co-Claimant’s Jurisdictional Defeat – Commentary on The Czech Republic v Diag SE & Anor [2025] EWCA Civ 998

Date: Jul 30, 2025
Severability of Arbitral Awards: Confirmation of a Valid Claimant’s Award Despite Co-Claimant’s Jurisdictional Defeat – Commentary on The Czech Republic v Diag SE & Anor ([2025] EWCA Civ 998) 1....
“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Cork County Council v Collins, [2025] IEHC 429)

“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Cork County Council v Collins, [2025] IEHC 429)

Date: Jul 30, 2025
“Staged Environmental Injunctions”: The High Court’s New Template for Delayed Waste-Site Remediation (Commentary on Cork County Council v Collins, [2025] IEHC 429) 1. Introduction In this landmark...
“Wide-Margin Proportionality” – The UKSC’s New Framework for Judicial Scrutiny of Individual Sanctions (Shvidler & Dalston Projects Ltd v Secretaries of State)

“Wide-Margin Proportionality” – The UKSC’s New Framework for Judicial Scrutiny of Individual Sanctions (Shvidler & Dalston Projects Ltd v Secretaries of State)

Date: Jul 30, 2025
“Wide-Margin Proportionality” – The UKSC’s New Framework for Judicial Scrutiny of Individual Sanctions Introduction In Shvidler v Secretary of State for Foreign, Commonwealth & Development Affairs...
No Mandatory Principal Hire Contract: Supreme Court Clarifies Operator Liability under the Local Government (Miscellaneous Provisions) Act 1976

No Mandatory Principal Hire Contract: Supreme Court Clarifies Operator Liability under the Local Government (Miscellaneous Provisions) Act 1976

Date: Jul 30, 2025
No Mandatory Principal Hire Contract: Supreme Court Clarifies Operator Liability under the Local Government (Miscellaneous Provisions) Act 1976 Introduction Delta Merseyside Ltd & Anor v Uber...
“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” – A Commentary on Bank of Ireland Mortgage Bank UC v. Cody & Ors [2025] IEHC 419

“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” – A Commentary on Bank of Ireland Mortgage Bank UC v. Cody & Ors [2025] IEHC 419

Date: Jul 30, 2025
“Evidential Estoppel & Late-Stage Pleadings: The New High-Water Mark in Irish Mortgage Enforcement” Commentary on Bank of Ireland Mortgage Bank UC v Cody & Ors [2025] IEHC 419 1. Introduction This...
The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes

The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes

Date: Jul 30, 2025
The Arkins Principle: Primacy of Statutory Appeals over Judicial Review & Cost Neutrality Where Leave Is Refused Inter Partes Introduction Arkins v Labour Court ([2025] IEHC 416) concerns a...
Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB: Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37

Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB: Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37

Date: Jul 30, 2025
Supreme Court Clarifies that Non-Material Data-Breach Damages Are NOT “Personal Injuries” for PIAB Purposes Commentary on Dillon v Irish Life Assurance Plc [2025] IESC 37 1. Introduction Dillon v...
“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations

“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations

Date: Jul 30, 2025
“One Decision, Two Limbs, One Moment” – The Supreme Court Confirms the Holistic-Ex-Nunc Rule for Refugee Status Determinations Introduction Decision: B.D., T.D. & M.D. v. International Protection...
Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of Ireland [2025] IEHC 484

Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of Ireland [2025] IEHC 484

Date: Jul 30, 2025
Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of...

“Exceptional, Not Illogical” – When a Conditional Discharge
Outweighs the “Three-Strike” Minimum:
Commentary on McMullen, R. v  ([2025] EWCA Crim 1112)

“Exceptional, Not Illogical” – When a Conditional Discharge Outweighs the “Three-Strike” Minimum: Commentary on McMullen, R. v ([2025] EWCA Crim 1112)

Date: Jul 30, 2025
“Exceptional, Not Illogical” – When a Conditional Discharge Outweighs the “Three-Strike” Minimum: Commentary on McMullen, R. v ([2025] EWCA Crim 1112) 1. Introduction The Court of Appeal’s decision...
The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction

The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction

Date: Jul 28, 2025
The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction 1. Introduction Niland v R ([2025] EWCA Crim 945) is a decision of the Court of...
“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd v Secretary of State [2025] EWCA Civ 990

“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd v Secretary of State [2025] EWCA Civ 990

Date: Jul 28, 2025
“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd (RCA) v Secretary of State for Housing, Communities...
Kapikanya v Secretary of State for the Home Department: Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002

Kapikanya v Secretary of State for the Home Department: Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002

Date: Jul 28, 2025
Kapikanya v Secretary of State for the Home Department [2025] EWCA Civ 987 Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002 1. Introduction This Court...
DP v London Borough of Lambeth – Court of Appeal Establishes Flexible Duty on Tribunals to Detect and Remedy Litigant Incapacity

DP v London Borough of Lambeth – Court of Appeal Establishes Flexible Duty on Tribunals to Detect and Remedy Litigant Incapacity

Date: Jul 28, 2025
DP v London Borough of Lambeth ([2025] EWCA Civ 985) A New Precedent on Procedural Fairness, Mental Capacity, and the Tribunal’s “Flexible Duty” Introduction In DP v London Borough of Lambeth the...
Home-to-Assignment Travel Is Not “Time Work” – Commissioners for HMRC v Taylors Services Ltd & Ors [2025] EWCA Civ 956

Home-to-Assignment Travel Is Not “Time Work” – Commissioners for HMRC v Taylors Services Ltd & Ors [2025] EWCA Civ 956

Date: Jul 28, 2025
Home-to-Assignment Travel Is Not “Time Work”: Commissioners for HMRC v Taylors Services Ltd & Ors ([2025] EWCA Civ 956) England and Wales Court of Appeal (Civil Division), 24 July 2025 – Bean LJ...

A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights

A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights

Date: Jul 28, 2025
A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights Commentary on AP Wireless...
Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH for Orders under the Child Abduction and Custody Act 1985 [2025] CSOH 67

Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH for Orders under the Child Abduction and Custody Act 1985 [2025] CSOH 67

Date: Jul 26, 2025
Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH [2025] CSOH 67 1. Introduction In DBH for orders under the...
McGrath v R: Court of Appeal Affirms the Strict Tests for
         (i) Extensions of Time, (ii) Varying Grounds of Appeal,
         and (iii) Admission of Fresh Evidence

McGrath v R: Court of Appeal Affirms the Strict Tests for (i) Extensions of Time, (ii) Varying Grounds of Appeal, and (iii) Admission of Fresh Evidence

Date: Jul 26, 2025
McGrath v R: Court of Appeal Affirms the Strict Tests for Extensions of Time, Varying Grounds of Appeal, and Admission of Fresh Evidence 1. Introduction In McGrath, R. v ([2025] EWCA Crim 1103) the...
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