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  • Commentaries

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

“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...
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...
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...
Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance: A Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69

Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance: A Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69

Date: Aug 7, 2025
Reaffirming the Primacy of Statutory Rating-Appeal Remedies over Judicial Review in Non-Domestic Rates Avoidance A Detailed Commentary on Bridgeport Estates Ltd v Highland Council [2025] CSOH 69 1....
HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases

HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases

Date: Aug 7, 2025
HMA v JSH – Re-asserting the Jury’s Role in Determining Mutual Corroboration in Domestic Sexual Abuse Cases Introduction The Appeal Court of the High Court of Justiciary has, in HMA v JSH ([2025]...

“Honing the Materiality Test: Holland J clarifies when Irrelevant Political
Considerations Vitiate Zoning Decisions – A Comment on Colbeam Ltd v Dún
Laoghaire-Rathdown CC [2025] IEHC 437”

“Honing the Materiality Test: Holland J clarifies when Irrelevant Political Considerations Vitiate Zoning Decisions – A Comment on Colbeam Ltd v Dún Laoghaire-Rathdown CC [2025] IEHC 437”

Date: Aug 7, 2025
Honing the “Materiality” Test: Holland J Clarifies When Irrelevant Political Remarks Vitiate Zoning Decisions – A Commentary on Colbeam Ltd v Dún Laoghaire-Rathdown County Council ([2025] IEHC 437)...
The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions

The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions

Date: Aug 7, 2025
The “Hitu Threshold” – Specificity Required for EAW Objections on Retrial Rights and Prison Conditions 1. Introduction Minister for Justice v Hitu ([2025] IEHC 459) is a High Court decision delivered...
“Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions”

“Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions”

Date: Aug 6, 2025
Gan v HMA: The Refined Test for When a Section 28 Defence Must Go to the Jury in ‘Concerned in Supply’ Prosecutions 1. Introduction In Choon Seng Gan v HM Advocate ([2025] HCJAC 32) the Scottish High...
“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD

“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD

Date: Aug 5, 2025
“Complementary not Conflict” – High Court Upholds Coimisiún na Meán’s Content-Restriction Code and Clarifies the Interaction between the Digital Services Act and AVMSD 1. Introduction In X Internet...
“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions

“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions

Date: Aug 5, 2025
“Beyond the Seal” – Ratinskis v. DPP [2025] IEHC 428 and the New Requirement to Prove Chain of Custody in Intoxicated-Driving Prosecutions 1. Introduction Andejs Ratinskis sought judicial review of a...
Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives

Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives

Date: Aug 5, 2025
Kirwan v O’Leary – The High Court Re-defines the “Low but Real” Prima-Facie Threshold for SDT Inquiries and the Duty Not to Misrepresent Legal Executives Introduction Kirwan v O’Leary & Ors ([2025]...
Judge v. HSE –  “No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible”

Judge v. HSE – “No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible”

Date: Aug 5, 2025
“No Counsel of Perfection”: High Court Re-affirms the Strict Duty to Serve Third-Party Notices “As Soon As Reasonably Possible” – Comment on Judge v Health Service Executive ([2025] IEHC 438) 1....
Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction

Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction

Date: Aug 5, 2025
Egan v Pepper Finance: High Court Re-affirms the Bar on Judicial Review of Superior Court Decisions Exercised in Appellate Jurisdiction 1. Introduction Egan v Pepper Finance Corporation [Ireland] DAC...
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