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  • Commentaries

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

Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280

Date: Mar 11, 2025
Balancing Grave Risk and Domestic Protective Measures in Hague Convention Cases: M.T. v R.L. [2025] IEHC 280 1. Introduction This case arises under the Child Abduction and Enforcement of Custody...
Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies

Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies

Date: Mar 8, 2025
Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies Introduction The Judgment in Okunola, R. v ([2025] EWCA Crim 350) presents a significant development in...
Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365)

Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365)

Date: Mar 8, 2025
Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365) Introduction Yellambai & Ors, R v [2025] EWCA Crim 365 is an appeal brought by three...

        Coley v R [2025] EWCA Crim 418 – The “Coley Escalation Principle”: 
        When Multiple Category-2 Harm Factors Justify Elevation to Category-1 
        in Rape Sentencing

Coley v R [2025] EWCA Crim 418 – The “Coley Escalation Principle”: When Multiple Category-2 Harm Factors Justify Elevation to Category-1 in Rape Sentencing

Date: Mar 8, 2025
Coley v R [2025] EWCA Crim 418 – The “Coley Escalation Principle”: Elevating a Rape Offence to Category 1 Where Several Category 2 Harm Factors Co-exist Introduction Coley v R concerns the appeal of...
Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases

Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases

Date: Mar 8, 2025
Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases Introduction The judgment in Z v S (Approved) ([2025] IEHC 136) delivered by Mr. Justice Barry...
Standards for Renewal of Leave to Appeal and Extension of Time in Sexual Offences Appeals: Clarification under Begbie, R v [2025] EWCA Crim 289

Standards for Renewal of Leave to Appeal and Extension of Time in Sexual Offences Appeals: Clarification under Begbie, R v [2025] EWCA Crim 289

Date: Mar 8, 2025
Standards for Renewal of Leave to Appeal and Extension of Time in Sexual Offences Appeals: Clarification under Begbie, R v [2025] EWCA Crim 289 Introduction R v Begbie ([2025] EWCA Crim 289) comes...
“A Category Apart” – R v Hussain [2025] EWCA Crim 419 and the Rule that Prison-Drug Supply Warrants Consecutive Sentencing

“A Category Apart” – R v Hussain [2025] EWCA Crim 419 and the Rule that Prison-Drug Supply Warrants Consecutive Sentencing

Date: Mar 8, 2025
“A Category Apart” – R v Hussain [2025] EWCA Crim 419 and the Rule that Prison-Drug Supply Warrants Consecutive Sentencing 1. Introduction The Court of Appeal (Criminal Division) in Hussain...
Establishing Continuous Dependency and the Essential Nature of Education in Extended Family Member Cases: Tipu v Secretary of State for the Home Department

Establishing Continuous Dependency and the Essential Nature of Education in Extended Family Member Cases: Tipu v Secretary of State for the Home Department

Date: Mar 7, 2025
Establishing Continuous Dependency and the Essential Nature of Education in Extended Family Member Cases Introduction The case of Tipu v Secretary of State for the Home Department ([2025] EWCA Civ...
New Precedent on FRAND Licensing Jurisdiction for 5G SEPs in the Avanci Platform

New Precedent on FRAND Licensing Jurisdiction for 5G SEPs in the Avanci Platform

Date: Mar 7, 2025
New Precedent on FRAND Licensing Jurisdiction for 5G SEPs in the Avanci Platform Introduction This commentary examines the decision rendered in the case of Tesla Inc & Anor v IDAC Holdings Inc & Ors...
Balancing Expediency and Uncertainty: New Precedents on Permanent Placement Orders in Child Care Proceedings

Balancing Expediency and Uncertainty: New Precedents on Permanent Placement Orders in Child Care Proceedings

Date: Mar 7, 2025
Balancing Expediency and Uncertainty: New Precedents on Permanent Placement Orders in Child Care Proceedings Introduction The case of M (A Child) (Placement Order) ([2025] EWCA Civ 214) before the...
R v Gholami: Court of Appeal Re-affirms Trial Judges’ Discretion on Hearsay and Clarifies the “Wholly” Direction for Bad-Character Evidence

R v Gholami: Court of Appeal Re-affirms Trial Judges’ Discretion on Hearsay and Clarifies the “Wholly” Direction for Bad-Character Evidence

Date: Mar 7, 2025
R v Gholami: Court of Appeal Re-affirms Trial Judges’ Discretion on Hearsay and Clarifies the “Wholly” Direction for Bad-Character Evidence 1. Introduction The decision in Gholami, R. v ([2025] EWCA...
“Sun Clarification”: Judicial Latitude in Expanding Self-Defence Directions to Juries

“Sun Clarification”: Judicial Latitude in Expanding Self-Defence Directions to Juries

Date: Mar 7, 2025
“Sun Clarification”: Judicial Latitude in Expanding Self-Defence Directions to Juries 1. Introduction Case: R v Sun ([2025] EWCA Crim 422) Court: Court of Appeal (Criminal Division) Judgment date: 6...
R v Baja ([2025] EWCA Crim 967):  Judicial Autonomy, Mental Disorder & the Proper Use of Hospital Orders

R v Baja ([2025] EWCA Crim 967): Judicial Autonomy, Mental Disorder & the Proper Use of Hospital Orders

Date: Mar 7, 2025
R v Baja ([2025] EWCA Crim 967): Judicial Autonomy, Mental Disorder & the Proper Use of Hospital Orders 1. Introduction R v Baja concerned His Majesty’s Solicitor General’s reference of an ostensibly...
Balancing Mitigation and Aggravation: New Precedents in Sentencing for Domestic Violence and Wounding with Intent

Balancing Mitigation and Aggravation: New Precedents in Sentencing for Domestic Violence and Wounding with Intent

Date: Mar 7, 2025
Balancing Mitigation and Aggravation: New Precedents in Sentencing for Domestic Violence and Wounding with Intent Introduction The case of Gomez, R. v ([2025] EWCA Crim 342) before the England and...
The Separation of Present Representations and Future Warranties in Insurance Contracts: A New Precedent under the Insurance Act 2015

The Separation of Present Representations and Future Warranties in Insurance Contracts: A New Precedent under the Insurance Act 2015

Date: Mar 6, 2025
The Separation of Present Representations and Future Warranties in Insurance Contracts: A New Precedent under the Insurance Act 2015 Introduction The judgment in Lonham Group Ltd v Scotbeef Ltd &...
Clarifying the Proportionality Standard and Timeliness in Subsidy Control: British Gas Trading Ltd & Ors v Secretary of State for Energy Security and Net Zero

Clarifying the Proportionality Standard and Timeliness in Subsidy Control: British Gas Trading Ltd & Ors v Secretary of State for Energy Security and Net Zero

Date: Mar 6, 2025
Clarifying the Proportionality Standard and Timeliness in Subsidy Control: British Gas Trading Ltd & Ors v Secretary of State for Energy Security and Net Zero Introduction The judgment in British Gas...
Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity

Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity

Date: Mar 6, 2025
Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity Introduction The case of The Governor of a Prison v A ([2025] IEHC 147) addresses a highly...
Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne

Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne

Date: Mar 6, 2025
Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne Introduction This commentary examines the High Court of Ireland’s judgment in Dunne [A Bankrupt] & Ors v Dunne...
Establishing a Modular Trial Framework in Complex Medical Negligence Litigation

Establishing a Modular Trial Framework in Complex Medical Negligence Litigation

Date: Mar 6, 2025
Establishing a Modular Trial Framework in Complex Medical Negligence Litigation Introduction The case of Thompson [A Minor] v Health Service Executive (Approved) ([2025] IEHC 156) represents a...
Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive

Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive

Date: Mar 5, 2025
Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive Introduction This commentary examines a detailed judicial decision...
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