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  • Commentaries

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

Clarifying “That Capacity”: Scope of Deemed Transfer Notices in Company Articles

Clarifying “That Capacity”: Scope of Deemed Transfer Notices in Company Articles

Date: Apr 15, 2025
Clarifying “That Capacity”: Scope of Deemed Transfer Notices in Company Articles 1. Introduction Syspal Capital Ltd v Truman & Anor ([2025] EWCA Civ 469) concerns the interpretation of a pre-emption...
The “Beckett Rule”: Mandatory Compliance with Core-Bundle Directions in the Court of Appeal

The “Beckett Rule”: Mandatory Compliance with Core-Bundle Directions in the Court of Appeal

Date: Apr 15, 2025
The “Beckett Rule”: Mandatory Compliance with Core-Bundle Directions in the Court of Appeal 1. Introduction Beckett v Criminal Cases Review Commission ([2025] EWCA Civ 1067) concerns an application...
Fair and Equitable Costs Allocation in Modularized Environmental Proceedings: Doyle & Ors v An Bord Pleanála [No.2]

Fair and Equitable Costs Allocation in Modularized Environmental Proceedings: Doyle & Ors v An Bord Pleanála [No.2]

Date: Apr 12, 2025
Fair and Equitable Costs Allocation in Modularized Environmental Proceedings: Doyle & Ors v An Bord Pleanála [No.2] Introduction The High Court’s decision in Doyle & Ors v An Bord Pleanála & Ors...
Strict Interpretation of Article 8(1) Brussels I (recast): Limits on Non-Anchor Defendants’ Jurisdiction

Strict Interpretation of Article 8(1) Brussels I (recast): Limits on Non-Anchor Defendants’ Jurisdiction

Date: Apr 12, 2025
Strict Interpretation of Article 8(1) Brussels I (recast): Limits on Non-Anchor Defendants’ Jurisdiction Introduction In the composite decision Yasar, Talibov & Senen v CCC Essen Digital GmbH & Anor;...
The Discretionary Rejection Principle under Immigration Rules Appendix SW 1.6

The Discretionary Rejection Principle under Immigration Rules Appendix SW 1.6

Date: Apr 12, 2025
The Discretionary Rejection Principle under Immigration Rules Appendix SW 1.6 Introduction Islam, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 458 concerned...
The Principle of Jury Direction in Specimen Counts: Single Occasion vs Multiple Occurrences Established in R v AWG [2025] EWCA Crim 564

The Principle of Jury Direction in Specimen Counts: Single Occasion vs Multiple Occurrences Established in R v AWG [2025] EWCA Crim 564

Date: Apr 12, 2025
The Principle of Jury Direction in Specimen Counts: Single Occasion vs Multiple Occurrences Established in R v AWG [2025] EWCA Crim 564 Introduction In R v AWG [2025] EWCA Crim 564, the Court of...
The Harvey Principle:  Clarifying the Primacy of Sentencing Guidelines for Section 50 Sexual Exploitation Offences

The Harvey Principle: Clarifying the Primacy of Sentencing Guidelines for Section 50 Sexual Exploitation Offences

Date: Apr 12, 2025
The Harvey Principle: Clarifying the Primacy of Sentencing Guidelines for Section 50 Sexual Exploitation Offences 1. Introduction Harvey, R. v ([2025] EWCA Crim 615) represents a significant Court of...
Barlow & Ors v Minister: Duty of Care by Assumption of Responsibility in Statutory Resource Allocation

Barlow & Ors v Minister: Duty of Care by Assumption of Responsibility in Statutory Resource Allocation

Date: Apr 12, 2025
Duty of Care by Assumption of Responsibility in Statutory Resource Allocation Introduction Barlow & Ors v The Minister for Communications, Marine & Natural Resources & Ors ([2025] IESC 14) is a...
Byrne v Fingal County Council: Declaratory Relief for LAP Non-Compliance

Byrne v Fingal County Council: Declaratory Relief for LAP Non-Compliance

Date: Apr 12, 2025
Byrne v Fingal County Council: Declaratory Relief for LAP Non-Compliance 1. Introduction This commentary examines the High Court decision in Byrne v Fingal County Council & Ors [2025] IEHC 204,...
Costs Entitlement in Labour Court Appeals: Statutory Primacy of Section 169 Over Order 105, Rule 7 in Hanley v PBR Restaurants Ltd

Costs Entitlement in Labour Court Appeals: Statutory Primacy of Section 169 Over Order 105, Rule 7 in Hanley v PBR Restaurants Ltd

Date: Apr 12, 2025
Costs Entitlement in Labour Court Appeals: Statutory Primacy of Section 169 Over Order 105, Rule 7 Hanley v PBR Restaurants Ltd [Trading as Fish Shack Cafe] [2025] IEHC 224 High Court of Ireland –...
Citizenship by Descent for Donor-Conceived Children: Recognising Genetic Mothers and Remedying a Constitutional Lacuna

Citizenship by Descent for Donor-Conceived Children: Recognising Genetic Mothers and Remedying a Constitutional Lacuna

Date: Apr 12, 2025
Citizenship by Descent for Donor-Conceived Children: Recognising Genetic Mothers and Remedying a Constitutional Lacuna Introduction In X. v Minister for Foreign Affairs & Ors and Z. (by his mother...
Limiting Sentencing to Convicted Conduct: Prohibition on Relying on Acquitted Conduct in Mai, R. v [2025] EWCA Crim 516

Limiting Sentencing to Convicted Conduct: Prohibition on Relying on Acquitted Conduct in Mai, R. v [2025] EWCA Crim 516

Date: Apr 12, 2025
Limiting Sentencing to Convicted Conduct: Prohibition on Relying on Acquitted Conduct in Mai, R. v [2025] EWCA Crim 516 Introduction This appeal concerns the appropriate scope of judicial...
Establishing the Credibility Threshold for Section 45 Defences and Fresh Evidence Admissibility in Criminal Appeals

Establishing the Credibility Threshold for Section 45 Defences and Fresh Evidence Admissibility in Criminal Appeals

Date: Apr 12, 2025
Establishing the Credibility Threshold for Section 45 Defences and Fresh Evidence Admissibility in Criminal Appeals Introduction R. v BKM [2025] EWCA Crim 389 concerns BKM’s appeal from convictions...
Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations

Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations

Date: Apr 12, 2025
Special Duty of Expedition for Juvenile Defendants: Obligations Extend to Forensic Prioritisation in Cybercrime Investigations Introduction This commentary examines the High Court of Ireland’s...
Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants

Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants

Date: Apr 12, 2025
Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants 1. Introduction In Minister for Justice v. Warner ([2025] IEHC 273), the High Court of Ireland...
Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries

Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries

Date: Apr 12, 2025
Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries Introduction In Wales v Solicitors' Disciplinary Committee & Anor [2025] IEHC 281, the High Court of...
Defining the Scope of Caution Admissions: R v BJE ([2025] EWCA Crim 534)

Defining the Scope of Caution Admissions: R v BJE ([2025] EWCA Crim 534)

Date: Apr 12, 2025
Defining the Scope of Caution Admissions: R v BJE ([2025] EWCA Crim 534) Introduction R v BJE ([2025] EWCA Crim 534) is a decision of the England and Wales Court of Appeal (Criminal Division)...
Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive

Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive

Date: Apr 12, 2025
Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive Introduction This commentary examines the High Court’s decision in Massey v An Bord Pleanála & Ors [No. 2]...
Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board

Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board

Date: Apr 12, 2025
Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board Introduction The High Court decision in Clohessy v Legal Aid Board &...
Necessity-Based Disclosure Framework for CHIS Status in Criminal Proceedings

Necessity-Based Disclosure Framework for CHIS Status in Criminal Proceedings

Date: Apr 12, 2025
Necessity-Based Disclosure Framework for CHIS Status in Criminal Proceedings Introduction This commentary examines the Court of Appeal’s decision in AXR v R ([2025] EWCA Crim 454), which defines when...
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