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  • Commentaries

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

Kidnap with Subsequent Intent to Rape: Court of Appeal Clarifies Sentencing Autonomy – Commentary on Yellambai & Ors (R v) [2025] EWCA Crim 1017

Kidnap with Subsequent Intent to Rape: Court of Appeal Clarifies Sentencing Autonomy – Commentary on Yellambai & Ors (R v) [2025] EWCA Crim 1017

Date: Jul 11, 2025
Kidnap with Subsequent Intent to Rape: Court of Appeal Clarifies Sentencing Autonomy Commentary on Yellambai & Ors (R v) [2025] EWCA Crim 1017 1. Introduction In R v Yellambai, Manchala & Doppalapudi...
Mitigation Wears Thin: Appellate Confirmation that Persistent Violent Recidivism Can Substantially Diminish Psychiatric Mitigation and Justify Higher/Consecutive Starting Points for Multi‑Victim Knife Threats — R v Docta [2025] EWCA Crim 1144

Mitigation Wears Thin: Appellate Confirmation that Persistent Violent Recidivism Can Substantially Diminish Psychiatric Mitigation and Justify Higher/Consecutive Starting Points for Multi‑Victim Knife Threats — R v Docta [2025] EWCA Crim 1144

Date: Jul 11, 2025
Mitigation Wears Thin: Appellate Confirmation that Persistent Violent Recidivism Can Substantially Diminish Psychiatric Mitigation and Justify Higher/Consecutive Starting Points for Multi‑Victim...
Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414

Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414

Date: Jul 11, 2025
Five-Year Inactivity Now “Almost Fatal”: High Court’s Post-Kirwan Clarification in Dennis Guilfoyle Developments Ltd v Wardrop [2025] IEHC 414 1. Introduction The High Court (Barr J) in Dennis...
R v Brown [2025] EWCA Crim 1086 —  Applying the Totality Guideline to Historical Offences Where the Offender Has Already Served a Prolonged Post-Tariff Period under an Earlier Life Sentence

R v Brown [2025] EWCA Crim 1086 — Applying the Totality Guideline to Historical Offences Where the Offender Has Already Served a Prolonged Post-Tariff Period under an Earlier Life Sentence

Date: Jul 11, 2025
R v Brown [2025] EWCA Crim 1086 — Applying the Totality Guideline to Historical Offences Where the Offender Has Already Served a Prolonged Post-Tariff Period under an Earlier Life Sentence...
R v MAK [2025] EWCA Crim 1138: Fresh “evidence” from family opinion and pressured retractions held non-probative; ABE editing and social worker as appropriate adult endorsed; pre‑sentence recommendations not binding

R v MAK [2025] EWCA Crim 1138: Fresh “evidence” from family opinion and pressured retractions held non-probative; ABE editing and social worker as appropriate adult endorsed; pre‑sentence recommendations not binding

Date: Jul 11, 2025
R v MAK [2025] EWCA Crim 1138: Fresh “Evidence” from Family Opinion and Pressured Retractions Held Non‑Probative; ABE Editing and Social Worker as Appropriate Adult Endorsed; Pre‑Sentence...
Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Date: Jul 10, 2025
Bench Technology and Procedural Fairness: UV v Locality Reporter Manager & WX ([2025] CSIH 19) — A New Touchstone on Judicial In-Court Use of Electronic Devices 1. Introduction The Inner House of the...
“Apparent” Means Plainly Visible:  Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

“Apparent” Means Plainly Visible: Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

Date: Jul 10, 2025
“Apparent” Means Plainly Visible: The New Threshold for General Disclosure in Share-Purchase Agreements Introduction In Ruby Properties (Scotland) Ltd (formerly ARB Aviation Ltd) v James Alistair...
Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction

Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction

Date: Jul 10, 2025
Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction 1. Introduction Citation: Rocep-Lusol Holdings Ltd v Lindal Dispenser GmbH (First...
Enduring Mental Disorder and the Substitution of Hospital Orders for Legacy IPP Sentences: A Commentary on Osmond v R [2025] EWCA Crim 835

Enduring Mental Disorder and the Substitution of Hospital Orders for Legacy IPP Sentences: A Commentary on Osmond v R [2025] EWCA Crim 835

Date: Jul 10, 2025
Enduring Mental Disorder and the Substitution of Hospital Orders for Legacy IPP Sentences A Commentary on Osmond v R [2025] EWCA Crim 835 Introduction The Court of Appeal’s decision in Osmond v R...
ANZ v R: Mandatory Means Inquiry & Restrictive Use of Compensation Orders in Criminal Sentencing

ANZ v R: Mandatory Means Inquiry & Restrictive Use of Compensation Orders in Criminal Sentencing

Date: Jul 10, 2025
ANZ v R: Mandatory Means Inquiry & Restrictive Use of Compensation Orders in Criminal Sentencing Introduction ANZ v R ([2025] EWCA Crim 778) is a Court of Appeal (Criminal Division) decision that...
JAH v R: Clarifying the “Lurking-Doubt” Threshold and the De-Minimis Rule for Procedural Irregularities on Criminal Appeal

JAH v R: Clarifying the “Lurking-Doubt” Threshold and the De-Minimis Rule for Procedural Irregularities on Criminal Appeal

Date: Jul 10, 2025
JAH v R: Clarifying the “Lurking-Doubt” Threshold and the De-Minimis Rule for Procedural Irregularities on Criminal Appeal Introduction In JAH, R v ([2025] EWCA Crim 1020) the Criminal Division of...
“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

Date: Jul 9, 2025
“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) for Judicial Review [2025] CSOH 60 1. Introduction The Outer House of the Scottish Court of Session, per Lord Lake,...

        Sutton v DPP (No. 2): High Court Clarifies that Previously-Disclosed Material
        Cannot Constitute “New Evidence” in Successive Prohibition Applications

Sutton v DPP (No. 2): High Court Clarifies that Previously-Disclosed Material Cannot Constitute “New Evidence” in Successive Prohibition Applications

Date: Jul 9, 2025
Sutton v Director of Public Prosecutions & Ors [2025] IEHC 375: Clarifying the Non-Applicability of “Date of Knowledge” and Reinforcing the One-Proceeding Rule in Criminal Judicial Review...
“Will Not Be Issued” v. “Cannot Be Issued”:  Singh v. Minister for Enterprise, Trade and Employment and the Proper Exercise of Ministerial Discretion under s.12(1)(i) of the Employment Permits Act 2006

“Will Not Be Issued” v. “Cannot Be Issued”: Singh v. Minister for Enterprise, Trade and Employment and the Proper Exercise of Ministerial Discretion under s.12(1)(i) of the Employment Permits Act 2006

Date: Jul 9, 2025
“Will Not Be Issued” v. “Cannot Be Issued” Singh v. Minister for Enterprise, Trade and Employment ([2025] IEHC 383) Introduction In Singh v. Minister for Enterprise, Trade and Employment the High...
“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964

“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964

Date: Jul 9, 2025
“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964 1. Introduction Planetwhite Ltd v Hogan & Anor ([2025] IEHC 378)...
Mars Capital v Kane & Anor – High Court Clarifies Business-Record Evidence and Parallel Proceedings in Mortgage Debt Litigation

Mars Capital v Kane & Anor – High Court Clarifies Business-Record Evidence and Parallel Proceedings in Mortgage Debt Litigation

Date: Jul 9, 2025
Mars Capital Finance Ireland DAC v Kane & Anor [2025] IEHC 379 High Court confirms: (1) business-record evidence under the 2020 Act is admissible through a transferee’s deponent, and (2) a lender may...
“Developers First in Line” – Court of Appeal Confirms Retrospective Reach of Remediation Contribution Orders and the “Public-Purse-as-Last-Resort” Principle under the Building Safety Act 2022

“Developers First in Line” – Court of Appeal Confirms Retrospective Reach of Remediation Contribution Orders and the “Public-Purse-as-Last-Resort” Principle under the Building Safety Act 2022

Date: Jul 9, 2025
“Developers First in Line” – Court of Appeal Confirms Retrospective Reach of Remediation Contribution Orders and the “Public-Purse-as-Last-Resort” Principle under the Building Safety Act 2022...
Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings – Comment on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC 381

Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings – Comment on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC 381

Date: Jul 9, 2025
Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings Commentary on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC...
Finite, Not Fleeting: Court of Appeal Clarifies ‘Temporary’ Agency Work and Agency-Employer Status – Commentary on Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849

Finite, Not Fleeting: Court of Appeal Clarifies ‘Temporary’ Agency Work and Agency-Employer Status – Commentary on Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849

Date: Jul 9, 2025
Finite, Not Fleeting: Court of Appeal Clarifies ‘Temporary’ Agency Work and Agency-Employer Status Commentary on Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849 1. Introduction The Court of Appeal’s...
Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point – The Post-Commencement Bar on Service Charges for Pre-Existing Building-Safety Legal Costs

Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point – The Post-Commencement Bar on Service Charges for Pre-Existing Building-Safety Legal Costs

Date: Jul 9, 2025
“No Service Charge Is Payable”: The Court of Appeal Confirms a Post-Commencement Bar on Passing Historic Building-Safety Legal Costs to Leaseholders (Adriatic Land 5 Ltd v Long Leaseholders at...
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