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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

Smalling-Small v Home Office West Midlands: Clarifying Section 9 HRA Claims and the Threshold for Limited Civil Restraint Orders

Smalling-Small v Home Office West Midlands: Clarifying Section 9 HRA Claims and the Threshold for Limited Civil Restraint Orders

Date: Aug 15, 2025
Smalling-Small v Home Office West Midlands: Clarifying Section 9 Human Rights Act Claims and the Threshold for Limited Civil Restraint Orders 1. Introduction In Smalling-Small v Home Office West...
The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation

The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation

Date: Aug 15, 2025
The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation 1. Introduction In Petrofac Ltd (Costs), Re ([2025] EWCA...
“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

Date: Aug 15, 2025
“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction 1. Introduction Burke v...
Lamont v HMA [2025] HCJAC 39: Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately

Lamont v HMA [2025] HCJAC 39: Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately

Date: Aug 14, 2025
Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately Case: Appeal against Conviction by...
“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children

“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children

Date: Aug 13, 2025
“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children 1. Introduction In WF, R. v ([2025] NICA 39) the Court of Appeal in Northern Ireland...
Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025] IEHC 418

Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025] IEHC 418

Date: Aug 13, 2025
Section 37(6) Leave Strictly Applied: Pre‑Remittal s.146 Assignments Not Fatal and “Best‑Practice” Pre‑Commencement Conditions Do Not Materially Alter Development – Morehart v An Bord Pleanála [2025]...
Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure

Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure

Date: Aug 12, 2025
Recalling Scottish “Search” Orders for Material Non-Disclosure: Lord Lake’s Clarification of the Duty of Full and Frank Disclosure Introduction The decision of Lord Lake in Petition of PE Ltd and...
“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68

“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68

Date: Aug 12, 2025
“The Intrinsic-Issue Principle”: Lord Sandison Clarifies the Scope of Serious Irregularity Appeals under Rule 68 1. Introduction Arbitration Appeal No 2 of 2024 concerns a farming partnership dispute...
Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing

Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing

Date: Aug 12, 2025
Wallace v Wallace: Latent Dividend-Tax on Private-Company Wealth as a “Special Circumstance” – A Qualified Departure from Equal Sharing 1. Introduction The Outer House decision of Lady Carmichael in...
“The Maximum-Separation Principle” – Outer House Clarifies Limits on Continuous Parental Absence and the Treatment of Irrelevant Abuse Allegations in Shared-Care Disputes (JN v SN [2025] CSOH 72)

“The Maximum-Separation Principle” – Outer House Clarifies Limits on Continuous Parental Absence and the Treatment of Irrelevant Abuse Allegations in Shared-Care Disputes (JN v SN [2025] CSOH 72)

Date: Aug 12, 2025
“The Maximum-Separation Principle” Outer House, Court of Session offers new guidance on the optimum length of continuous absence from each parent and on excluding non-germane abuse allegations in...
“Plain-English Judging” and the Threshold for Enhanced Costs: Commentary on Propiteer
            Ireland Ltd v Castlehaven Property Finance DAC & Ors [2025] IEHC 451

“Plain-English Judging” and the Threshold for Enhanced Costs: Commentary on Propiteer Ireland Ltd v Castlehaven Property Finance DAC & Ors [2025] IEHC 451

Date: Aug 12, 2025
“Plain-English Judging” and the Threshold for Enhanced Costs Commentary on Propiteer Ireland Ltd v Castlehaven Property Finance DAC & Ors ([2025] IEHC 451) Introduction The High Court (Commercial...
The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28

The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28

Date: Aug 12, 2025
The Madison Principle: Selective Strike-Out and Flexibility in Option Notice Compliance under Ireland’s Revised Order 19 Rule 28 1. Introduction Madison Retail Ltd v Carlow SRH Ltd & Musgrave Ltd...

      When Does Time Start to Run? High Court Holds RTB Appeals Run from Deemed Delivery, Not Posting, by Applying s.25 Interpretation Act to s.123 RTA 2004

When Does Time Start to Run? High Court Holds RTB Appeals Run from Deemed Delivery, Not Posting, by Applying s.25 Interpretation Act to s.123 RTA 2004

Date: Aug 12, 2025
New Guidance on Appeal Time Limits: “Issued to the Parties” Means Deemed Delivery, Not Posting, for RTB Appeals Introduction In Friedman v Residential Tenancies Board & Ors [2025] IEHC 477, the High...
Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience

Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience

Date: Aug 12, 2025
Damages for Curable Title Defects: Substitute Performance, Proven Delay Losses, and Recoverability of Trustee Act Costs; Limited Distress Awards via Physical Inconvenience Introduction This High...
Binding Contracts by Mixed Digital Communications: Commentary on DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083

Binding Contracts by Mixed Digital Communications: Commentary on DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083

Date: Aug 11, 2025
Binding Contracts by Mixed Digital Communications: The New Precedent from DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083 1. Introduction The Court of Appeal’s decision in DAZN Ltd v Coupang Corp sets a...
R v Foster [2025] EWCA Crim 1185: Oblique Death-Threat Communications Can Justify Immediate, Unsuspended Custody Even Without Express Citation of the Suspension Guideline; 10% Credit for a Day‑Two Plea to a Non‑Indicted Count

R v Foster [2025] EWCA Crim 1185: Oblique Death-Threat Communications Can Justify Immediate, Unsuspended Custody Even Without Express Citation of the Suspension Guideline; 10% Credit for a Day‑Two Plea to a Non‑Indicted Count

Date: Aug 9, 2025
R v Foster [2025] EWCA Crim 1185: Oblique Death-Threat Communications Can Justify Immediate, Unsuspended Custody Even Without Express Citation of the Suspension Guideline; 10% Credit for a Day‑Two...
Gaffney v Gaffney – The Conclusiveness-Proportionality Doctrine in Judgment-Mortgage Enforcement

Gaffney v Gaffney – The Conclusiveness-Proportionality Doctrine in Judgment-Mortgage Enforcement

Date: Aug 8, 2025
Gaffney & Anor v Gaffney & Anor – Establishing the “Conclusiveness-Proportionality Doctrine” for Conditional Sale of a Family Home under a Judgment Mortgage 1. Introduction Gaffney & Anor v Gaffney &...
“The Reasonable-Diligence Standard” – High Court Clarifies the Extent of the Minister’s Duty to Provide Special-Needs School Transport

“The Reasonable-Diligence Standard” – High Court Clarifies the Extent of the Minister’s Duty to Provide Special-Needs School Transport

Date: Aug 8, 2025
The Reasonable-Diligence Standard: High Court Clarifies the Minister’s Duty to Provide Special-Needs School Transport Introduction L.C. (A Minor) v Minister for Education and Youth [2025] IEHC 456...
Case‑Management Stays Pending Foreign Proceedings: Irish High Court Sets “Strong Reasons” Threshold Where Policies Select Exclusive Irish Jurisdiction

Case‑Management Stays Pending Foreign Proceedings: Irish High Court Sets “Strong Reasons” Threshold Where Policies Select Exclusive Irish Jurisdiction

Date: Aug 8, 2025
Case‑Management Stays Pending Foreign Proceedings: Irish High Court Sets “Strong Reasons” Threshold Where Policies Select Exclusive Irish Jurisdiction Introduction This commentary examines the...
R v Taylor [2025] EWCA Crim 1186: Sequencing Special Custodial Sentences under s278 Sentencing Act 2020 — Extended Licence Periods Must Not Overlap with Custody

R v Taylor [2025] EWCA Crim 1186: Sequencing Special Custodial Sentences under s278 Sentencing Act 2020 — Extended Licence Periods Must Not Overlap with Custody

Date: Aug 8, 2025
R v Taylor [2025] EWCA Crim 1186: Sequencing Special Custodial Sentences under s278 Sentencing Act 2020 — Extended Licence Periods Must Not Overlap with Custody Introduction This commentary examines...
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