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  • Commentaries

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

Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436

Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436

Date: Mar 22, 2025
Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436 Introduction R v Stead [2025] EWCA...
Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Date: Mar 22, 2025
Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law Introduction The case of Thompson & Anor v An Bord Pleanala & Ors [No.4]...
Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Date: Mar 22, 2025
Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates Introduction In NUA Healthcare Services Ltd v Commissioner for Valuation; Redwood Extended Care Facility v Commissioner for...
Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11

Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11

Date: Mar 21, 2025
Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11 Introduction The Court of Appeal’s decision in South East Water Ltd v Elster Water Metering Ltd [2025] EWCA Civ 287...
Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest

Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest

Date: Mar 21, 2025
Clarifying Standing in Environmental Licensing Reviews: The Sweetman Precedent on Actio Popularis and Sufficient Interest Introduction The judgment in Sweetman v Environmental Protection Agency & Ors...
Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law

Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law

Date: Mar 21, 2025
Balancing Statutory Mandamus Obligations and Resource Constraints: A New Precedent in Planning Law Introduction In the case of Protect East Meath Ltd v Meath County Council (Approved) [2025] IEHC...
New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance

New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance

Date: Mar 21, 2025
New Precedent: Once-Off Lapses Meeting the Seriousness Threshold Can Constitute Poor Professional Performance Introduction The case of L v Teaching Council (Approved) [2025] IEHC 155 before the High...
New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies

New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies

Date: Mar 21, 2025
New Precedent on Injunctive Relief in Protection Rights: Balancing Deportation Enforcement and Effective Remedies Introduction The judgment in the case of GT v Minister for Justice & Anor [No.2]...
Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings

Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings

Date: Mar 21, 2025
Establishing a Nuanced Costs Assessment for Partially Successful Parties in Complex Proceedings Introduction The judgment in Ambasaid Ltd & Anor v MBCC Foods [Ireland] (Approved) ([2025] IEHC 152)...
Holistic Assessment in Internal Relocation: A New Approach to Evaluating Asylum Claims

Holistic Assessment in Internal Relocation: A New Approach to Evaluating Asylum Claims

Date: Mar 21, 2025
Holistic Assessment in Internal Relocation: A New Approach to Evaluating Asylum Claims Introduction The case of ASJ (Somalia) v Secretary of State for the Home Department [2025] EWCA Civ 282...
Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits

Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits

Date: Mar 21, 2025
Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits 1. Introduction In Rukhadze & Ors v Recovery Partners GP Ltd & Anor ([2025] UKSC 10), the United Kingdom...
R v Nzekwu: The Boundaries of Relevance & Disclosure in the Age of EncroChat

R v Nzekwu: The Boundaries of Relevance & Disclosure in the Age of EncroChat

Date: Mar 21, 2025
R v Nzekwu: The Boundaries of Relevance & Disclosure in the Age of EncroChat Introduction In Nzekwu & Anor, R. v ([2025] EWCA Crim 734) the Court of Appeal (Criminal Division) wrestled with two...
Principles for Minimum Terms in Joint-Enterprise Knife Murders and Concurrent Offences

Principles for Minimum Terms in Joint-Enterprise Knife Murders and Concurrent Offences

Date: Mar 21, 2025
Principles for Minimum Terms in Joint-Enterprise Knife Murders and Concurrent Offences Introduction In the Court of Appeal decision of Ambersley & Anor; R v Gedel ([2025] EWCA Crim 442), the court...
Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz

Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz

Date: Mar 19, 2025
Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz Introduction The judgment in William Mackie against Mercedes-Benz Group...
Clarifying the Boundaries of Suitability Reviews and Termination of Housing Duty: The Precedent of Ofori‐Addo v London Borough of Haringey

Clarifying the Boundaries of Suitability Reviews and Termination of Housing Duty: The Precedent of Ofori‐Addo v London Borough of Haringey

Date: Mar 19, 2025
Clarifying the Boundaries of Suitability Reviews and Termination of Housing Duty: The Precedent of Ofori‐Addo v London Borough of Haringey Introduction The case of Ofori‐Addo v London Borough of...
New Precedent on Evaluating Evidence and Inferences from Non-Attendance in Child Sexual Abuse Cases

New Precedent on Evaluating Evidence and Inferences from Non-Attendance in Child Sexual Abuse Cases

Date: Mar 19, 2025
New Precedent on Evaluating Evidence and Inferences from Non-Attendance in Child Sexual Abuse Cases Introduction The case of K & D (Children: Sexual Abuse Findings) [2025] EWCA Civ 263 presents a...
Judicial Discretion on Memory Directions in Criminal Trials: Nawaz v R [2025] EWCA Crim 637

Judicial Discretion on Memory Directions in Criminal Trials: Nawaz v R [2025] EWCA Crim 637

Date: Mar 19, 2025
Judicial Discretion on Memory Directions in Criminal Trials: Nawaz v R [2025] EWCA Crim 637 Introduction Nawaz v R ([2025] EWCA Crim 637) is an appeal against conviction in a case of non-recent rape...
Binding Effect of FTT Determinations on Entry Clearance: Clarifying Issue Estoppel and Article 8 in Immigration Law

Binding Effect of FTT Determinations on Entry Clearance: Clarifying Issue Estoppel and Article 8 in Immigration Law

Date: Mar 18, 2025
Binding Effect of FTT Determinations on Entry Clearance: Clarifying Issue Estoppel and Article 8 in Immigration Law Introduction The case of Tomlinson, R (On the Application Of) v Secretary of State...
Reconceptualizing "Provision of Plant": Expanding Capital Allowances in Offshore Windfarm Expenditure

Reconceptualizing "Provision of Plant": Expanding Capital Allowances in Offshore Windfarm Expenditure

Date: Mar 18, 2025
Reconceptualizing "Provision of Plant": Expanding Capital Allowances in Offshore Windfarm Expenditure Introduction The landmark judgment in Orsted West of Duddon Sands (UK) Ltd & Ors v Revenue And...
Reaffirming the Limits of the Modern Slavery Defense in Criminal Exploitation Cases

Reaffirming the Limits of the Modern Slavery Defense in Criminal Exploitation Cases

Date: Mar 18, 2025
Reaffirming the Limits of the Modern Slavery Defense in Criminal Exploitation Cases Introduction The case of BZP, R. v ([2025] EWCA Crim 267) presents a complex interplay between allegations of...
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