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  • Commentaries

unconstitutionality-of-section-27(3f)-of-the-misuse-of-drugs-act:-a-comprehensive-analysis-of-mcmanus-v.-the-minister-for-justice-and-equality- Case Commentaries

Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements

Date: May 10, 2025
Objective Determination of the “Relevant Date” for Cohabitation in Scottish Divorce Settlements Introduction This commentary examines the Inner House decision in CD v ND ([2025] CSIH 12), delivered...
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Date: May 10, 2025
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors Introduction Lorenz v Caruana & Ors ([2025] EWCA Civ 606) is a Court of Appeal decision concerning the viability of a claim...
Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Date: May 10, 2025
Self-Protective Carrying as “Weapon Availability”: New Principle under Schedule 21 1. Introduction Ogonowska v R ([2025] EWCA Crim 604) is a Court of Appeal (Criminal Division) decision handed down...
Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act

Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act

Date: May 10, 2025
Mootness Exception in Judicial Review of Temporary Release Eligibility under Section 27 of the Misuse of Drugs Act Introduction Kelleher v Irish Prison Service & Ors [2025] IEHC 253 is a High Court...
Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997

Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997

Date: May 10, 2025
Judicial Modification of Case Stated: High Court’s Remit and Amendment Powers under Sections 949AQ–AR TCA 1997 Introduction Revenue Commissioners v Getty Images International ULC ([2025] IEHC 268) is...
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Date: May 10, 2025
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC Introduction The Court of Appeal’s decision in Beach v South Hams District Council ([2025]...
Validation of Substituted Service via Social Media in Irish Family Law

Validation of Substituted Service via Social Media in Irish Family Law

Date: May 10, 2025
Validation of Substituted Service via Social Media in Irish Family Law 1. Introduction In S S & Ors v A Tax Appeal Commissioner (Approved) [2025] IECA 96 (commonly referred to as J v H in the High...
Inherent Jurisdiction Anonymity Orders as Remedy for Aged-Out Child Defendants

Inherent Jurisdiction Anonymity Orders as Remedy for Aged-Out Child Defendants

Date: May 10, 2025
Inherent Jurisdiction Anonymity Orders as Remedy for Aged-Out Child Defendants Introduction This commentary examines the Supreme Court of Ireland decision in Doe (No. 1), Doe (No. 2) and Doe (No. 3)...
Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence

Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence

Date: May 10, 2025
Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence Introduction Aziz v R ([2025] EWCA Crim 605) is a landmark Court of Appeal decision concerning the...
Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges

Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges

Date: May 10, 2025
Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges Introduction In Praesidiad Holding BVBA & Anor v Zaun Ltd [2025] EWCA Civ 591, the England...
Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test

Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test

Date: May 10, 2025
Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test Introduction This commentary examines the England and Wales Court of Appeal decision in Tesco...
Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546

Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546

Date: May 10, 2025
Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546 Introduction Earp v R ([2025] EWCA Crim 546) is a decision of the England & Wales Court of Appeal...
Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief

Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief

Date: May 10, 2025
Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief Introduction Leadingway Consultants Ltd v Saab & Anor ([2025]...
Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals

Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals

Date: May 10, 2025
Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals Introduction Melki v Bouygues E and S Contracting UK Ltd ([2025] EWCA Civ 585) is the first Court of...
Establishing a Bona Fide Defence of Non est Factum and Misrepresentation Precludes Summary Judgment: M. Kelliher 1998 Ltd v Ashe [2025] IEHC 269

Establishing a Bona Fide Defence of Non est Factum and Misrepresentation Precludes Summary Judgment: M. Kelliher 1998 Ltd v Ashe [2025] IEHC 269

Date: May 10, 2025
Establishing a Bona Fide Defence of Non est Factum and Misrepresentation Precludes Summary Judgment 1. Introduction In M. Kelliher 1998 Ltd v Ashe [2025] IEHC 269, the High Court considered whether...
Mandatory Award of Costs on Interlocutory Injunctions under O.99 r.2(3): Philpott v Pepper Finance [2025] IEHC 274

Mandatory Award of Costs on Interlocutory Injunctions under O.99 r.2(3): Philpott v Pepper Finance [2025] IEHC 274

Date: May 10, 2025
Mandatory Award of Costs on Interlocutory Injunctions under O.99 r.2(3): Philpott v Pepper Finance [2025] IEHC 274 Introduction Philpott & Anor v Pepper Finance Corporation (Ireland) DAC & Anor [No....
Clarifying “Special Qualifications and Experience” Under Regulation 8(5): Threshold for Solicitor Student Registration in Northern Ireland

Clarifying “Special Qualifications and Experience” Under Regulation 8(5): Threshold for Solicitor Student Registration in Northern Ireland

Date: May 10, 2025
Clarifying “Special Qualifications and Experience” Under Regulation 8(5): Threshold for Solicitor Student Registration in Northern Ireland Introduction This commentary examines the Court of Appeal...
Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998

Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998

Date: May 9, 2025
Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998 Introduction This commentary examines the Court of Appeal’s judgment in Cinven Capital Management (V)...
Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service

Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service

Date: May 9, 2025
Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service Introduction This case involves Kenneth Johnston, a...
Termination of Licence on Death and Non-Tenancy Rights of Licensee’s Invitee: Clarification in The Trustee of the Roman Catholic Parish of Larne v Yanga

Termination of Licence on Death and Non-Tenancy Rights of Licensee’s Invitee: Clarification in The Trustee of the Roman Catholic Parish of Larne v Yanga

Date: May 9, 2025
Termination of Licence on Death and Non-Tenancy Rights of Licensee’s Invitee: Clarification in The Trustee of the Roman Catholic Parish of Larne v Yanga Introduction This case, The Trustee of the...
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