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  • Commentaries

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

Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals: R v Grace [2025] EWCA Crim 580

Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals: R v Grace [2025] EWCA Crim 580

Date: Apr 2, 2025
Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals Introduction R v Grace [2025] EWCA Crim 580 is a landmark Court of Appeal decision dealing with two...
McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988

McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988

Date: Apr 2, 2025
McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988 Introduction This appeal arises from an application by His Majesty’s Solicitor General under section 36 of the Criminal...
Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R

Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R

Date: Apr 2, 2025
Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R Introduction Miah, R. v ([2025] EWCA Crim 465) is a Court of Appeal (Criminal Division) decision handed down...
Clarifying Costs Discretion and Judicial Jurisdiction:  Corcoran v Eassda Group Ltd & Ors [2025] IEHC 359

Clarifying Costs Discretion and Judicial Jurisdiction: Corcoran v Eassda Group Ltd & Ors [2025] IEHC 359

Date: Apr 2, 2025
Clarifying Costs Discretion and Judicial Jurisdiction under Irish Law Commentary on Corcoran v Eassda Group Ltd & Ors & connected actions [2025] IEHC 359 Introduction The High Court decision of Mr...
Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd

Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd

Date: Apr 1, 2025
Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd Introduction The case of Davies v BMW (UK) Manufacturing Ltd ([2025]...
New Precedent: The Imperative of Timely Judicial Review in Planning and Environmental Decisions

New Precedent: The Imperative of Timely Judicial Review in Planning and Environmental Decisions

Date: Apr 1, 2025
New Precedent: The Imperative of Timely Judicial Review in Planning and Environmental Decisions Introduction The case of Foran v An Bord Pleanala & Ors ([2025] IEHC 175) marks a significant...
Equal Division Prevails in Matrimonial Property Amid Special Circumstances: A Commentary on Hodge v Hodge/Currie [2025] CSOH 31

Equal Division Prevails in Matrimonial Property Amid Special Circumstances: A Commentary on Hodge v Hodge/Currie [2025] CSOH 31

Date: Mar 31, 2025
Equal Division Prevails in Matrimonial Property Amid Special Circumstances: A Commentary on Hodge v Hodge/Currie [2025] CSOH 31 Introduction The Judgment in Ian George Johnstone Hodge against Rachel...
Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying

Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying

Date: Mar 31, 2025
Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying Introduction The case of Seerangan v Secretary of State for the Home Department ([2025] EWCA...
Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes

Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes

Date: Mar 31, 2025
Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes Introduction The case of Merck KGaA v Merck Sharp & Dohme LLC & Anor ([2025] EWCA Civ 343) represents a...
Clarifying the Limits of “Pending Appeal” in Deportation Orders

Clarifying the Limits of “Pending Appeal” in Deportation Orders

Date: Mar 31, 2025
Clarifying the Limits of “Pending Appeal” in Deportation Orders Introduction The case of Geddes, R (On the Application Of) v Secretary of State for the Home Department ([2025] EWCA Civ 353) presents...
New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases

New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases

Date: Mar 31, 2025
New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases Introduction The present judgment, delivered on March 28, 2025, by the England and Wales Court of...
Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355)

Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355)

Date: Mar 31, 2025
Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355) Introduction The judgment in Arshad v Secretary of...
Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT

Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT

Date: Mar 29, 2025
Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT Introduction This commentary examines the High Court of Ireland’s...
No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015

No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015

Date: Mar 29, 2025
No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015 Introduction This commentary examines the High Court’s decision in GT v International Protection Appeals Tribunal...
Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals

Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals

Date: Mar 29, 2025
Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals Introduction In Y.X. v The International Protection Appeals Tribunal & Anor ([2025]...
Comparative Threshold for Country of Origin Information in Judicial Review of IPAT Decisions

Comparative Threshold for Country of Origin Information in Judicial Review of IPAT Decisions

Date: Mar 29, 2025
Comparative Threshold for Country of Origin Information in Judicial Review of IPAT Decisions Introduction This commentary addresses the High Court of Ireland’s ruling in A.S. v The International...
Duty of Proportionality and Reasoned Decisions in Student Disciplinary Appeals

Duty of Proportionality and Reasoned Decisions in Student Disciplinary Appeals

Date: Mar 29, 2025
Duty of Proportionality and Reasoned Decisions in Student Disciplinary Appeals Introduction This commentary examines the High Court’s decision in Igweze & Ors v Dundalk Institute of Technology...
Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433

Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433

Date: Mar 29, 2025
Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433 Introduction Almallah v R ([2025] EWCA Crim 433) is a pivotal decision of the England and Wales...
Clarifying the “Substantial Grounds” Threshold and Procedural Fairness in Judicial Review of International Protection Decisions

Clarifying the “Substantial Grounds” Threshold and Procedural Fairness in Judicial Review of International Protection Decisions

Date: Mar 29, 2025
Clarifying the “Substantial Grounds” Threshold and Procedural Fairness in Judicial Review of International Protection Decisions Introduction In G.L. v The International Protection Appeals Tribunal &...
Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending

Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending

Date: Mar 29, 2025
Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending Introduction This case arises from the appeal by Mr Green (“the...
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