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  • Commentaries

vesting-of-trusts-at-death:-insights-from-waters& Case Commentaries

Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390

Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390

Date: Jul 15, 2025
Refusal to Engage with Recommended Supports as Ground for Interim Suspension under Section 60 – A Commentary on Medical Council v PQ [2025] IEHC 390 1. Introduction This commentary analyses the...
“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397)

“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397)

Date: Jul 15, 2025
“Statutory Enforcement v. Judicial Review” – Procedural Limits Clarified in Malone v GCHL Ltd & Ors [No. 3] ([2025] IEHC 397) 1. Introduction This third judgment in the long-running environmental...
“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398

“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398

Date: Jul 15, 2025
“Proportional ‘Wasted-Costs’ Orders for Late Amendments” – Commentary on Lobov v McGregor [2025] IEHC 398 1. Introduction Lobov v McGregor is a High Court of Ireland decision delivered electronically...
From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners

From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners

Date: Jul 15, 2025
From Rent to Trade: The Exclusive-Possession Test for Emergency Accommodation Income after Hade v Revenue Commissioners 1. Introduction The High Court decision in Hade v Revenue Commissioners ([2025]...
Todd v Rex ([2025] EWCA Crim 883): Re-affirming the “Relevant Similarity & Temporal Nexus” Test under s.41(3)(c) YJCEA 1999

Todd v Rex ([2025] EWCA Crim 883): Re-affirming the “Relevant Similarity & Temporal Nexus” Test under s.41(3)(c) YJCEA 1999

Date: Jul 15, 2025
Todd v Rex ([2025] EWCA Crim 883): Re-affirming the “Relevant Similarity & Temporal Nexus” Test under s.41(3)(c) Youth Justice and Criminal Evidence Act 1999 1. Introduction Court of Appeal (Criminal...
The Tallentire Principle: Judicial Comment on a Defendant’s Failure to Call a Witness

The Tallentire Principle: Judicial Comment on a Defendant’s Failure to Call a Witness

Date: Jul 15, 2025
The Tallentire Principle: Judicial Comment on a Defendant’s Failure to Call a Witness Introduction Tallentire & Anor v Rex ([2025] EWCA Crim 885) presented the Court of Appeal (Criminal Division)...
“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson v. An Bord Pleanála [2025] IESC 31

“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson v. An Bord Pleanála [2025] IESC 31

Date: Jul 15, 2025
“Good and Sufficient Reason” Re-Defined: When Public Interest in Systemic Bias Outweighs Planning Certainty – A Commentary on Thomson & anor v. An Bord Pleanála [2025] IESC 31 1. Introduction The...
Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers and the Boundary of Media Defences

Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers and the Boundary of Media Defences

Date: Jul 15, 2025
Limiting Qualified Privilege Under Section 18(2): Bird v Iconic Newspapers ([2025] IESC 30) Introduction Bird v Iconic Newspapers is the Supreme Court of Ireland’s leading decision on the scope of...
Integrated Proportionality & Domestic-Abuse Risk in International Relocation – Comment on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888

Integrated Proportionality & Domestic-Abuse Risk in International Relocation – Comment on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888

Date: Jul 15, 2025
Integrated Proportionality & Domestic-Abuse Risk in International Relocation A Commentary on O (Domestic Abuse: International Relocation) [2025] EWCA Civ 888 1. Introduction The Court of Appeal’s...
“Constraint Benefits” Re-defined:  PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases

Date: Jul 15, 2025
“Constraint Benefits” Re-defined: PPA Payments for Credited Energy Treated as Rent-Linked Income under Scottish Windfarm Leases 1. Introduction In Glenfiddich Wind Ltd v Dorenell Windfarm Ltd ([2025]...
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases

Date: Jul 15, 2025
Shared Framework Supremacy: Scottish Court Affirms Framework Terms Override Competing Standard Conditions in “Battle-of-Forms” Cases Introduction The Inner House of the Court of Session in Caledonia...
Phones 4U v EE & Ors – The “Holistic Review” Standard for Delayed Judgments and Adverse-Inference Requests

Phones 4U v EE & Ors – The “Holistic Review” Standard for Delayed Judgments and Adverse-Inference Requests

Date: Jul 15, 2025
Phones 4U v EE & Others ([2025] EWCA Civ 869) The Court of Appeal’s “Holistic Review” Standard for Delayed Judgments and the Limits of Adverse-Inference Doctrine 1. Introduction This appeal arose...
“From Worldwide to Domestic” – Court of Appeal Clarifies Partial Continuation of Freezing Orders and the Priority of Non-Proprietary Assets for Legal Funding (Gable Insurance AG v Dewsall & Ors, [2025] EWCA Civ 884)

“From Worldwide to Domestic” – Court of Appeal Clarifies Partial Continuation of Freezing Orders and the Priority of Non-Proprietary Assets for Legal Funding (Gable Insurance AG v Dewsall & Ors, [2025] EWCA Civ 884)

Date: Jul 15, 2025
“From Worldwide to Domestic” – Court of Appeal Clarifies Partial Continuation of Freezing Orders and the Priority of Non-Proprietary Assets for Legal Funding (Gable Insurance AG v Dewsall & Ors,...
No Care Order Without a Live s.31A Plan – Commentary on A & Ors (Care Orders at Home) [2025] EWCA Civ 901

No Care Order Without a Live s.31A Plan – Commentary on A & Ors (Care Orders at Home) [2025] EWCA Civ 901

Date: Jul 15, 2025
No Care Order Without a Live s.31A Plan Commentary on A & Ors (Care Orders at Home) [2025] EWCA Civ 901 1. Introduction The Court of Appeal’s decision in A & Ors (Care Orders at Home) rewinds a...
Intra-Conspiracy Supplies Must Run Concurrently – A Commentary on Takawira & Williams v R
        [2025] EWCA Crim 1037

Intra-Conspiracy Supplies Must Run Concurrently – A Commentary on Takawira & Williams v R [2025] EWCA Crim 1037

Date: Jul 12, 2025
Intra-Conspiracy Supplies Must Run Concurrently – A Commentary on Takawira & Williams v R [2025] EWCA Crim 1037 1. Introduction The Court of Appeal (Criminal Division) in Takawira & Williams v R has...
“Appropriate & Necessary”: The High Court’s Tailored-Disclosure Standard for Maintenance Variation Applications – Commentary on D.D v N.B.T. [2025] IEHC 402

“Appropriate & Necessary”: The High Court’s Tailored-Disclosure Standard for Maintenance Variation Applications – Commentary on D.D v N.B.T. [2025] IEHC 402

Date: Jul 12, 2025
“Appropriate & Necessary”: A Tailored-Disclosure Standard for Maintenance Variation Applications (Commentary on D.D v N.B.T. [2025] IEHC 402) 1. Introduction D.D v N.B.T. is a High Court (Family Law)...
Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32

Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32

Date: Jul 12, 2025
Prosecution Appeals and the “Interests-of-Justice” Threshold After Jury Acquittal – Director of Public Prosecutions v JS [2025] IESC 32 Introduction Case reference: The People (DPP) v JS, Supreme...
“Restocking Without Conviction” –  Wickford v Secretary of State [2025] EWCA Civ 882:  A Court of Appeal Blueprint for (i) Post-Prosecution Restocking Notices and (ii) When a Public-Law Error is Immaterial

“Restocking Without Conviction” – Wickford v Secretary of State [2025] EWCA Civ 882: A Court of Appeal Blueprint for (i) Post-Prosecution Restocking Notices and (ii) When a Public-Law Error is Immaterial

Date: Jul 11, 2025
“Restocking Without Conviction” – Wickford v Secretary of State for Environment, Food & Rural Affairs [2025] EWCA Civ 882 Introduction The Court of Appeal’s judgment in Wickford Development Company...
The Charterhouse Clarification: “Reasonable Recipient” and Substantial-Compliance Tests in Tenancy-Deposit Prescribed Information

The Charterhouse Clarification: “Reasonable Recipient” and Substantial-Compliance Tests in Tenancy-Deposit Prescribed Information

Date: Jul 11, 2025
The Charterhouse Clarification: “Reasonable Recipient” and Substantial-Compliance Tests in Tenancy-Deposit Prescribed Information Introduction Lowe v Governors of Sutton’s Hospital in Charterhouse...
Actual Authority, Not Ostensible Authority: The Court of Appeal Re-Defines the Limits of Undisclosed Principal Liability under Letters of Indemnity

Actual Authority, Not Ostensible Authority: The Court of Appeal Re-Defines the Limits of Undisclosed Principal Liability under Letters of Indemnity

Date: Jul 11, 2025
Actual Authority, Not Ostensible Authority: The Court of Appeal Re-Defines the Limits of Undisclosed Principal Liability under Letters of Indemnity 1. Introduction In Berge Bulk Shipping PTE Ltd v...
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