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  • Commentaries

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

Gray v R ([2025] EWCA Crim 1042): Clarifying Jury Directions on Consent, Grooming and Reasonable Belief in Rape Prosecutions

Gray v R ([2025] EWCA Crim 1042): Clarifying Jury Directions on Consent, Grooming and Reasonable Belief in Rape Prosecutions

Date: Aug 1, 2025
Gray v R ([2025] EWCA Crim 1042): Clarifying Jury Directions on Consent, Grooming and Reasonable Belief in Rape Prosecutions Introduction In Gray v R the Court of Appeal (Criminal Division) revisited...
Planning Merits Held Irrelevant in Forestry Restocking Appeals – Commentary on Smar Holdings Ltd v Secretary of State for Environment, Food and Rural Affairs [2025] EWCA Civ 1041

Planning Merits Held Irrelevant in Forestry Restocking Appeals – Commentary on Smar Holdings Ltd v Secretary of State for Environment, Food and Rural Affairs [2025] EWCA Civ 1041

Date: Aug 1, 2025
Planning Merits Held Irrelevant in Forestry Restocking Appeals Smar Holdings Ltd v Secretary of State for Environment, Food and Rural Affairs ([2025] EWCA Civ 1041) Introduction This Court of Appeal...
Re-drawing the Lines: “Similar Arrests” and “Senior Management” under the Insurance Act 2015 — Commentary on Delos Shipholding SA & Ors v Allianz Global Corporate & Specialty SE & Ors [2025] EWCA Civ 1019

Re-drawing the Lines: “Similar Arrests” and “Senior Management” under the Insurance Act 2015 — Commentary on Delos Shipholding SA & Ors v Allianz Global Corporate & Specialty SE & Ors [2025] EWCA Civ 1019

Date: Aug 1, 2025
Re-drawing the Lines: “Similar Arrests” and “Senior Management” under the Insurance Act 2015 Commentary on Delos Shipholding SA & Ors v Allianz Global Corporate and Specialty SE & Ors [2025] EWCA Civ...
“No-Order Is Not an Option”: The Court of Appeal Re-states the Duty to Sanction Contempt in Family Proceedings – Commentary on B (A Child) (Sentencing In Contempt Proceedings) [2025] EWCA Civ 1048

“No-Order Is Not an Option”: The Court of Appeal Re-states the Duty to Sanction Contempt in Family Proceedings – Commentary on B (A Child) (Sentencing In Contempt Proceedings) [2025] EWCA Civ 1048

Date: Aug 1, 2025
“No-Order Is Not an Option”: The Court of Appeal Re-states the Duty to Sanction Contempt in Family Proceedings – Commentary on B (A Child) (Sentencing In Contempt Proceedings) [2025] EWCA Civ 1048 1....
Strict Invalidity of RTM Claim Notices for Participation-Notice Breaches and the Inclusion of Equitable Lessees as “Qualifying Tenants” – Commentary on Avon Freeholds Ltd v Cresta Court E RTM Company Ltd [2025] EWCA Civ 1016

Strict Invalidity of RTM Claim Notices for Participation-Notice Breaches and the Inclusion of Equitable Lessees as “Qualifying Tenants” – Commentary on Avon Freeholds Ltd v Cresta Court E RTM Company Ltd [2025] EWCA Civ 1016

Date: Aug 1, 2025
Strict Invalidity of RTM Claim Notices for Participation-Notice Breaches and the Inclusion of Equitable Lessees as “Qualifying Tenants” Commentary on Avon Freeholds Ltd v Cresta Court E RTM Company...
“From the Furnace, Not the Fence” – Supreme Court Clarifies the Measuring Point for Section 5 of the Cremation Act 1902

“From the Furnace, Not the Fence” – Supreme Court Clarifies the Measuring Point for Section 5 of the Cremation Act 1902

Date: Aug 1, 2025
“From the Furnace, Not the Fence” – Supreme Court Clarifies the Measuring Point for Section 5 of the Cremation Act 1902 Introduction Wathen-Fayed v Secretary of State for Housing, Communities and...
“From Poor Cover-Up to High Culpability” – Sami & Salem [2025] EWCA Crim 1115 Re-defines Sentencing for High-Value Vehicle Theft Conspiracies

“From Poor Cover-Up to High Culpability” – Sami & Salem [2025] EWCA Crim 1115 Re-defines Sentencing for High-Value Vehicle Theft Conspiracies

Date: Aug 1, 2025
“From Poor Cover-Up to High Culpability” – Sami & Salem ([2025] EWCA Crim 1115) Re-defines Sentencing for High-Value Vehicle Theft Conspiracies Introduction In Sami & Anor, R v the Court of Appeal...
Murphy v. Roscommon County Council: Re-defining the Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case & Clarifying the Non-Joinder Rule for Trial Judges

Murphy v. Roscommon County Council: Re-defining the Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case & Clarifying the Non-Joinder Rule for Trial Judges

Date: Aug 1, 2025
Murphy v. Roscommon County Council (High Court, 2025): A Landmark on (1) the Low “Arguable Grounds” Threshold for Judicial Review of a Circuit Court’s Refusal to State a Case and (2) the Obligation...
“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449

“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449

Date: Aug 1, 2025
“Demonstration & Satisfaction” and the Contextual Duty to Give Reasons – A Commentary on Sexton v. An Bord Pleanála [2025] IEHC 449 1 – Introduction Sexton v. An Bord Pleanála (“Sexton”) is the High...
“The Grace Test”: Re-calibrating Youth Sentencing When Serious Sexual Offending Tips the Scales Toward Custody

“The Grace Test”: Re-calibrating Youth Sentencing When Serious Sexual Offending Tips the Scales Toward Custody

Date: Aug 1, 2025
“The Grace Test”: Re-calibrating Youth Sentencing When Serious Sexual Offending Tips the Scales Toward Custody 1. Introduction Grace, R. v ([2025] EWCA Crim 1047) is a reference by His Majesty’s...
“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion: A Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439)

“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion: A Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439)

Date: Aug 1, 2025
“Reserving Costs” as the Default After an Unsuccessful Summary-Judgment Motion Commentary on Xerotech Ltd v Ayro Inc ([2025] IEHC 439) 1. Introduction In Xerotech Ltd v Ayro Inc, Ms Justice Emily...
Rossiter: Guarding Against Double-Counting and Preserving Full Plea Credit in Extended Sentences

Rossiter: Guarding Against Double-Counting and Preserving Full Plea Credit in Extended Sentences

Date: Jul 31, 2025
Rossiter: Guarding Against Double-Counting and Preserving Full Plea Credit in Extended Sentences 1. Introduction Case: R v Rossiter [2025] EWCA Crim 1120 (CA). The Court of Appeal (Criminal Division)...
“Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies”

“Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies”

Date: Jul 31, 2025
Beyond Irish Borders: High Court Clarifies that Leave under Order 15 Rule 39 is Not Required for Derivative Actions Concerning Foreign-Registered Companies 1. Introduction Case: O'Donoghue & Manning...
Beyond Chronological Age: Brzozowski and the Nuanced Assessment of “Significant Age Disparity” in Sentencing for Sexual Activity with a Child

Beyond Chronological Age: Brzozowski and the Nuanced Assessment of “Significant Age Disparity” in Sentencing for Sexual Activity with a Child

Date: Jul 31, 2025
Beyond Chronological Age: Brzozowski and the Nuanced Assessment of “Significant Age Disparity” in Sentencing for Sexual Activity with a Child 1. Introduction In Brzozowski, R. v ([2025] EWCA Crim...
The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch related Acronyms – Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462

The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch related Acronyms – Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462

Date: Jul 31, 2025
The “Initials-Distinction” Principle: Injunctions Framing Brand-Name Restraints Do Not Per Se Catch Related Acronyms Comment on Choice Broadcasting Ltd v Bauer Audio Ireland Ltd [2025] IEHC 462 1....
Glass v HM Advocate (2025):  Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions

Glass v HM Advocate (2025): Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions

Date: Jul 30, 2025
Glass v HM Advocate (2025): Implied Admissions, Jury Common-Sense, and the Limits of Mandatory Directions Introduction The Scottish High Court of Justiciary, sitting as a three-judge Appeal Court,...
Parent-Company Support as a Defence to Diligence on the Dependence: Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68

Parent-Company Support as a Defence to Diligence on the Dependence: Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68

Date: Jul 30, 2025
Parent-Company Support as a Defence to Diligence on the Dependence In-Depth Commentary on Mermaid Subsea Services (UK) Ltd v James Fisher Offshore Ltd [2025] CSOH 68, Court of Session (Outer House)...
The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation

The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation

Date: Jul 30, 2025
The “Reasonable-Offer” Doctrine Reaffirmed: Sherlock Mongans v Clare County Council and the Consequences of Refusing Emergency Accommodation 1. Introduction Sherlock Mongans & Anor v Clare County...
Beyond Parental Dominion: Court of Appeal Re-Affirms Welfare Paramountcy
            and Restricts the Reach of Gillick Competence – Commentary on 
            S, Re (Wardship: Removal to Ghana) [2025] EWCA Civ 1011

Beyond Parental Dominion: Court of Appeal Re-Affirms Welfare Paramountcy and Restricts the Reach of Gillick Competence – Commentary on S, Re (Wardship: Removal to Ghana) [2025] EWCA Civ 1011

Date: Jul 30, 2025
Beyond Parental Dominion: Court of Appeal Re-Affirms Welfare Paramountcy and Restricts the Reach of Gillick Competence – Commentary on S, Re (Wardship: Removal to Ghana) [2025] EWCA Civ 1011 1....
Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and Youth & Ors [2025] IEHC 431

Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and Youth & Ors [2025] IEHC 431

Date: Jul 30, 2025
Clarifying the Limits of Regulation 7: Capacity Expansions in Existing IPAS Centres and Judicial Review – Commentary on Sexton & Ors v Minister for Children, Equality, Disability, Integration and...
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