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  • Commentaries

uk-supreme-court-upholds-expansive-interpretation-of-& Case Commentaries

R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality

R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality

Date: Dec 15, 2025
R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality 1. Introduction The decision in R v Cox [2025]...
Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v HMRC [2025] EWCA Civ 1615

Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v HMRC [2025] EWCA Civ 1615

Date: Dec 15, 2025
Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v Revenue and Customs [2025] EWCA Civ 1615 1. Introduction The Court of Appeal’s...

    Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm:
    “Medical Condition” Does Not Include a Mere Change in Understanding –
    Commentary on LXR v First‑tier Tribunal (SEC) [2025] EWCA Civ 1608

Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR v First‑tier Tribunal (SEC) [2025] EWCA Civ 1608

Date: Dec 15, 2025
Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR, R (on the application of) v First‑tier...
Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612

Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612

Date: Dec 15, 2025
Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612 1. Introduction Cobden v Cobden is a...
Derivative Use of Lawfully Obtained Digital Evidence in Garda Disciplinary Proceedings: Commentary on Hyland v Commissioner of An Garda Síochána [2025] IESC 54

Derivative Use of Lawfully Obtained Digital Evidence in Garda Disciplinary Proceedings: Commentary on Hyland v Commissioner of An Garda Síochána [2025] IESC 54

Date: Dec 13, 2025
Derivative Use of Lawfully Obtained Digital Evidence in Garda Disciplinary Proceedings: Commentary on Hyland v The Commissioner of An Garda Síochána [2025] IESC 54 1. Introduction This commentary...
Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611

Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611

Date: Dec 12, 2025
Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611 1. Introduction This commentary examines the...
Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures

Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures

Date: Dec 12, 2025
Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures 1. Introduction This Court of Appeal decision in B, Re (1980 Hague...
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

Date: Dec 12, 2025
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct 1. Introduction The decision of Lady Tait in Petition...
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

Date: Dec 12, 2025
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions 1. Introduction In DM v EF [2025] CSOH 115, Lord Braid, sitting in the Outer House of the Court of...
Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Date: Dec 12, 2025
Court of Session Clarifies “Prevention of Access” and Substantial Prejudice in Challenges to Traffic Regulation Orders: Norman Esslemont v Aberdeen City Council [2025] CSIH 31 1. Introduction This...
Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708

Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708

Date: Dec 12, 2025
Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708 1....
Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A: Commentary on The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588

Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A: Commentary on The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588

Date: Dec 12, 2025
Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A Case: The Tower One St George Wharf Ltd v Commissioners for His Majesty's Revenue and Customs [2025] EWCA Civ 1588...
Functus Officio, De Minimis Breaches and Certification under s.50A(7) PDA 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701

Functus Officio, De Minimis Breaches and Certification under s.50A(7) PDA 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701

Date: Dec 12, 2025
Functus Officio, De Minimis Breaches and Certification under s.50A(7) of the Planning and Development Act 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701 1. Introduction This...
Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Date: Dec 12, 2025
Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44 1. Introduction This Supreme Court decision addresses a novel and sensitive...
C.D. v E.F.: Proper Provision for Qualified Cohabitants under Section 194 Without a Prior “Moral Obligation” or Financial Dependency

C.D. v E.F.: Proper Provision for Qualified Cohabitants under Section 194 Without a Prior “Moral Obligation” or Financial Dependency

Date: Dec 12, 2025
C.D. v E.F.: Proper Provision for Qualified Cohabitants under Section 194 Without a Prior “Moral Obligation” or Financial Dependency 1. Introduction The High Court (Circuit Appeal) decision in C.D. v...
Transparency, Child’s Voice and Continuing Seisin in High‑Conflict Access Disputes: Commentary on Y.Y. v Z.Z. [2025] IEHC 743

Transparency, Child’s Voice and Continuing Seisin in High‑Conflict Access Disputes: Commentary on Y.Y. v Z.Z. [2025] IEHC 743

Date: Dec 12, 2025
Transparency, Child’s Voice and Continuing Seisin in High‑Conflict Access Disputes: Commentary on Y.Y. v Z.Z. [2025] IEHC 743 Court: High Court (Circuit Appeal), Ireland Judge: Jackson J Date: 11...
Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 – Commentary on KW v Mental Health Tribunal [2025] IEHC 685

Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 – Commentary on KW v Mental Health Tribunal [2025] IEHC 685

Date: Dec 11, 2025
Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 1. Introduction This commentary examines the High Court decision of Phelan J....
Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Date: Dec 11, 2025
Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011 1. Introduction In Veale & Ors v Scottish Power...

    Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses:
    Commentary on BWG Foods Unlimited Co v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707

Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Co v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707

Date: Dec 11, 2025
Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Company v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707 1. Introduction This High...

      Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in
      Contempt: Commentary on The Board of Management of Wilson's Hospital School
      v Burke (No. 3) [2025] IEHC 711

Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711

Date: Dec 11, 2025
Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711 1. Introduction...
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