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  • Commentaries

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

Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition

Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition

Date: Feb 26, 2025
Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition Introduction The case of Castellucci, R (On the Application Of) v Gender Recognition...
Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases

Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases

Date: Feb 26, 2025
Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases Introduction This commentary reviews the judgment of Mohamed, R. v ([2025] EWCA Crim 235) delivered by the England...
New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences

New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences

Date: Feb 26, 2025
New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences Introduction The judgment in BVQ, R. v ([2025] EWCA Crim 270), delivered by the England and Wales Court of...
New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences

New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences

Date: Feb 25, 2025
New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences Introduction The case of McGinley, R. v ([2025] NICA 11) before the Court of Appeal in Northern...
Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland

Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland

Date: Feb 25, 2025
Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland Introduction The case of Haughey, R. v ([2025] NICA 10) marks a significant development in...
Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases

Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases

Date: Feb 25, 2025
Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases Introduction The Judgment in the case of Appeal against Conviction by Peter McGuiness against HMA ([2025]...
Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law

Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law

Date: Feb 25, 2025
Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law Introduction The case of Andrew Marr International Limited against Mackinnons...
Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Date: Feb 24, 2025
Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989 Introduction This commentary examines the Court of Appeal’s decision in M (Care Order: Risk: Family...
Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Date: Feb 24, 2025
Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments Introduction In Liberty Mutual Insurance Europe SE & Ors v Bath Racecourse Company Ltd &...
Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Date: Feb 24, 2025
Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation Introduction This commentary examines the Court of Appeal decision in Clarke v Guardian News &...
Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Date: Feb 22, 2025
Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate Introduction This commentary offers an in-depth analysis of a comprehensive judgment concerning the exercise...
Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Date: Feb 22, 2025
Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C Introduction The case of Tudor, R. v ([2025] EWCA Crim 225) presents a...
Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Date: Feb 22, 2025
Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing Introduction The judgment in Boltaev, R. v ([2025] EWCA Crim 207) represents a significant development in the...
Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Date: Feb 22, 2025
Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child 1. Introduction The Judgment in M.C.A. v...
Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Date: Feb 22, 2025
Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases Introduction The Judgment in Minister for Justice v Curtin (Approved) ([2025] IEHC 145) delivered by Mr....
Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders

Date: Feb 22, 2025
Enhanced Enforcement Mechanisms for Civil Contempt: Establishing Conditional Garnishee Orders Introduction The case of Board of Management of Wilson's Hospital School v Burke [No.3] ([2025] IEHC 104)...
New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards

Date: Feb 22, 2025
New Judicial Precedent: Conditional Approval for Debt Trading by Committee Members under Enhanced Safeguards Introduction The judgment in GTLK Europe Designated Activity Company [In Liquidation] v...
Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review

Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review

Date: Feb 22, 2025
Distinguishing Pre‐Commencement Delay in Cost Taxation: New Precedents on Mutual Set‐Off and Judicial Review Introduction The judgment in Thiebault Enterprise Ltd & Anor v County Registrar for Galway...
Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator

Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator

Date: Feb 22, 2025
Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator Introduction King v Darryl Haughey ([2025] NICA 10) is a landmark Court of Appeal decision addressing...
Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases

Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases

Date: Feb 21, 2025
Establishing Clarity in Causation, Mitigation, and Loss of Opportunity in Personal Injury Cases Introduction The case of Buckley v Linehan ([2025] IEHC 101) delivered by Ms. Justice Emily Egan in the...
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