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  • Commentaries

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

New Precedent: Establishing the Retrospectivity of Conditional Fee Agreements in Insolvency Litigation

New Precedent: Establishing the Retrospectivity of Conditional Fee Agreements in Insolvency Litigation

Date: Mar 18, 2025
New Precedent: Establishing the Retrospectivity of Conditional Fee Agreements in Insolvency Litigation Introduction The case of Singh & Ors v Ingram ([2025] EWCA Civ 264) presents a critical judicial...
Purkiss v Kennedy & Ors ([2025] EWCA Civ 268): Redefining the Limitations on Tax Mitigation under Section 423 of the Insolvency Act 1986

Purkiss v Kennedy & Ors ([2025] EWCA Civ 268): Redefining the Limitations on Tax Mitigation under Section 423 of the Insolvency Act 1986

Date: Mar 18, 2025
Purkiss v Kennedy & Ors ([2025] EWCA Civ 268): Redefining the Limitations on Tax Mitigation under Section 423 of the Insolvency Act 1986 Introduction In the landmark case of Purkiss v Kennedy & Ors...
Clarifying Trademark Infringement and Sub-licensing Rights Under Settlement Agreements: Lessons from Morley's (Fast Foods) Ltd v Nanthakumar & Ors

Clarifying Trademark Infringement and Sub-licensing Rights Under Settlement Agreements: Lessons from Morley's (Fast Foods) Ltd v Nanthakumar & Ors

Date: Mar 18, 2025
Clarifying Trademark Infringement and Sub-licensing Rights Under Settlement Agreements: Lessons from Morley's (Fast Foods) Ltd v Nanthakumar & Ors Introduction The recent judgment in Morley's (Fast...
Balancing Timely Action and Informed Inquiry: New Precedents in Assessing Vulnerability in Immigration Detention

Balancing Timely Action and Informed Inquiry: New Precedents in Assessing Vulnerability in Immigration Detention

Date: Mar 18, 2025
Balancing Timely Action and Informed Inquiry: New Precedents in Assessing Vulnerability in Immigration Detention Introduction The case of Medical Justice v Secretary of State for the Home Department...
Clarifying the “No‐Touch” Gap: Dismissal Fairness and the Duty to Provide Explicit Disciplinary Guidance

Clarifying the “No‐Touch” Gap: Dismissal Fairness and the Duty to Provide Explicit Disciplinary Guidance

Date: Mar 18, 2025
Clarifying the “No‐Touch” Gap: Dismissal Fairness and the Duty to Provide Explicit Disciplinary Guidance Introduction The judgment in Hewston v Ofsted ([2025] EWCA Civ 250) addresses a complex...
Clarifying "Dealing" with Assets Under Freezing Orders: A Detailed Examination of Barclays Bank PLC v Dylan & Ors ([2025] EWCA Civ 265)

Clarifying "Dealing" with Assets Under Freezing Orders: A Detailed Examination of Barclays Bank PLC v Dylan & Ors ([2025] EWCA Civ 265)

Date: Mar 18, 2025
Clarifying "Dealing" with Assets Under Freezing Orders: A Detailed Examination of Barclays Bank PLC v Dylan & Ors ([2025] EWCA Civ 265) Introduction The case of Barclays Bank PLC v Dylan & Ors...
Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018

Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018

Date: Mar 15, 2025
Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018 Introduction This commentary examines the High Court of Ireland’s...
New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions

New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions

Date: Mar 15, 2025
New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions Introduction The case of Minister for Justice v Orsolic (Approved) [2025] IEHC 169 before the...
Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes

Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes

Date: Mar 15, 2025
Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes Introduction The case of Verbenagrove Ltd v Evans & Anor ([2025] IEHC 151) before the...
Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts

Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts

Date: Mar 14, 2025
Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts Introduction The judgment in Crown Appeal against Sentence by HMA against Christopher David Brown...
Comprehensive Commentary on Loss of Chance and Causation in Aerotoxic Syndrome Litigation

Comprehensive Commentary on Loss of Chance and Causation in Aerotoxic Syndrome Litigation

Date: Mar 14, 2025
Comprehensive Commentary on Loss of Chance and Causation in Aerotoxic Syndrome Litigation Introduction This commentary provides an in‐depth analysis of the judgment concerning claims brought by two...
Clarifying the Material Consideration of EMF Impacts on Medical Implants in Planning Decisions

Clarifying the Material Consideration of EMF Impacts on Medical Implants in Planning Decisions

Date: Mar 14, 2025
Clarifying the Material Consideration of EMF Impacts on Medical Implants in Planning Decisions Introduction In the case of Thomas v Cheltenham Borough Council ([2025] EWCA Civ 259), the Court of...
New Precedent on the Incompatibility of Judicial Review Mechanisms in Child Sentencing: Limits on Life Sentences and Suspended Custodial Orders

New Precedent on the Incompatibility of Judicial Review Mechanisms in Child Sentencing: Limits on Life Sentences and Suspended Custodial Orders

Date: Mar 14, 2025
New Precedent on the Incompatibility of Judicial Review Mechanisms in Child Sentencing: Limits on Life Sentences and Suspended Custodial Orders Introduction The Supreme Court's decision in Director...
One-Step Fundamental Rights Evaluation in TCAW Surrenders: A New Judicial Precedent

One-Step Fundamental Rights Evaluation in TCAW Surrenders: A New Judicial Precedent

Date: Mar 14, 2025
One-Step Fundamental Rights Evaluation in TCAW Surrenders: A New Judicial Precedent Introduction The judgment in Verbenagrove Ltd v Evans & Anor (Approved) [2025] IEHC 168 represents a significant...
Ensuring Accurate Age Determination in Child Sexual Offence Cases: A New Precedent from BLV, R. v [2025] EWCA Crim 257

Ensuring Accurate Age Determination in Child Sexual Offence Cases: A New Precedent from BLV, R. v [2025] EWCA Crim 257

Date: Mar 14, 2025
Ensuring Accurate Age Determination in Child Sexual Offence Cases: A New Precedent from BLV, R. v [2025] EWCA Crim 257 Introduction In the recent decision of BLV, R. v [2025] EWCA Crim 257, the...
Wasted Costs and Adjournment Liability: Clarifying the Jurisdiction under Order 99 and the Legal Services Regulation Act 2015 in PP v Commissioner of An Garda Síochána & Ors

Wasted Costs and Adjournment Liability: Clarifying the Jurisdiction under Order 99 and the Legal Services Regulation Act 2015 in PP v Commissioner of An Garda Síochána & Ors

Date: Mar 14, 2025
Wasted Costs and Adjournment Liability: Clarifying the Jurisdiction under Order 99 and the Legal Services Regulation Act 2015 in PP v Commissioner of An Garda Síochána & Ors 1. Introduction PP v...
Recalibrating Extremity in Sentencing: Balancing Aggravation and Mitigation in Extreme Child Abuse Cases

Recalibrating Extremity in Sentencing: Balancing Aggravation and Mitigation in Extreme Child Abuse Cases

Date: Mar 14, 2025
Recalibrating Extremity in Sentencing: Balancing Aggravation and Mitigation in Extreme Child Abuse Cases Introduction The case of Urfan & Ors, R. v ([2025] EWCA Crim 372) represents one of the most...
Refining Youth Culpability: The Enhanced Application of the Ahmed Framework in Sentencing Sexual Offences Committed by Young Offenders

Refining Youth Culpability: The Enhanced Application of the Ahmed Framework in Sentencing Sexual Offences Committed by Young Offenders

Date: Mar 14, 2025
Refining Youth Culpability: The Enhanced Application of the Ahmed Framework in Sentencing Sexual Offences Committed by Young Offenders Introduction The case of AIZ, R. v ([2025] EWCA Crim 349)...
“The First-Appearance Rule” & Narrow Construction of s.5(5):  A Comprehensive Commentary on Breban v. Catch Security Systems Ltd  [2025] IEHC 366

“The First-Appearance Rule” & Narrow Construction of s.5(5): A Comprehensive Commentary on Breban v. Catch Security Systems Ltd [2025] IEHC 366

Date: Mar 14, 2025
“The First-Appearance Rule” & Narrow Construction of s.5(5) Comprehensive Commentary on Breban v. Catch Security Systems Ltd [2025] IEHC 366 1. Introduction The High Court decision in Breban v. Catch...
R v AKH: Defining “Police Privileges” and “Benefit” under Section 26 of the Criminal Justice and Courts Act 2015

R v AKH: Defining “Police Privileges” and “Benefit” under Section 26 of the Criminal Justice and Courts Act 2015

Date: Mar 14, 2025
R v AKH: Defining “Police Privileges” and “Benefit” under Section 26 of the Criminal Justice and Courts Act 2015 Introduction This commentary examines the Court of Appeal’s partial judgment in R v...
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