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  • Commentaries

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

R v YAW [2025] EWCA Crim 1143: Proper Evidential Basis, Not Mere Possibility — Clarifying the s.100 CJA 2003 Threshold and Appellate Deference on Alleged Prior False Complaints

R v YAW [2025] EWCA Crim 1143: Proper Evidential Basis, Not Mere Possibility — Clarifying the s.100 CJA 2003 Threshold and Appellate Deference on Alleged Prior False Complaints

Date: Jul 17, 2025
R v YAW [2025] EWCA Crim 1143: Proper Evidential Basis, Not Mere Possibility — Clarifying the s.100 CJA 2003 Threshold and Appellate Deference on Alleged Prior False Complaints Introduction In R v...
Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations”

Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations”

Date: Jul 16, 2025
Disentangling Allegation Information from Risk Assessments: The Beggs Principle on Parole Board “Irrelevant Considerations” Introduction In William Frederick Ian Beggs v Parole Board for Scotland...
Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo & Others [2025] CSOH 64

Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo & Others [2025] CSOH 64

Date: Jul 16, 2025
Statutory Group Procedure Supersedes Common-Law Restrictions on Joint & Several Pleadings: Commentary on Paul Bell v Volvo Car Corporation & Others [2025] CSOH 64 1. Introduction Paul Bell sought (i)...
Foreign Law as Fact & the Unitary-Trial Default: Commentary on Vico Properties Ltd v Bank of Scotland PLC ([2025] IEHC 401)

Foreign Law as Fact & the Unitary-Trial Default: Commentary on Vico Properties Ltd v Bank of Scotland PLC ([2025] IEHC 401)

Date: Jul 16, 2025
Foreign Law as Fact & the Unitary-Trial Default: A Comprehensive Commentary on Vico Properties Ltd v Bank of Scotland PLC & Anor ([2025] IEHC 401) 1. Introduction The High Court’s decision in Vico...
Reasserting the Campion Doctrine: Ooi v Ireland & Ors [2025] IEHC 392 Clarifies that Absence of Agreed Facts Bars Preliminary Issues

Reasserting the Campion Doctrine: Ooi v Ireland & Ors [2025] IEHC 392 Clarifies that Absence of Agreed Facts Bars Preliminary Issues

Date: Jul 16, 2025
Reasserting the Campion Doctrine: Ooi v Ireland & Ors [2025] IEHC 392 Clarifies that Absence of Agreed Facts Bars Preliminary Issues Introduction Ooi v Ireland & Ors ([2025] IEHC 392) is a decision...
“Beyond Mere Reference”: The High Court Clarifies the Intention Required to Revive a Revoked Will under s. 87 Succession Act 1965

“Beyond Mere Reference”: The High Court Clarifies the Intention Required to Revive a Revoked Will under s. 87 Succession Act 1965

Date: Jul 16, 2025
“Beyond Mere Reference”: The High Court Clarifies the Intention Required to Revive a Revoked Will under s. 87 Succession Act 1965 Introduction The recent High Court decision in Re The Estate of Honor...
Doyle v Houston: Elevating the Threshold for “Legal-Practitioner-and-Client” Costs in Cases of Procedural Abuse

Doyle v Houston: Elevating the Threshold for “Legal-Practitioner-and-Client” Costs in Cases of Procedural Abuse

Date: Jul 16, 2025
Doyle v Houston: Elevating the Threshold for “Legal-Practitioner-and-Client” Costs in Cases of Procedural Abuse Introduction The High Court decision of Mr Justice Kennedy in Doyle v Houston ([2025]...
No Second Bite at the Cherry – The Supreme Court Re-Defines the
Interplay Between Sections 3 and 4 of the Proceeds of Crime Act 1996

No Second Bite at the Cherry – The Supreme Court Re-Defines the Interplay Between Sections 3 and 4 of the Proceeds of Crime Act 1996

Date: Jul 16, 2025
No Second Bite at the Cherry – The Supreme Court Re-Defines the Interplay Between Sections 3 and 4 of the Proceeds of Crime Act 1996 Introduction In Criminal Asset Bureau v Routeback Media AB t/a...
Desai v Wood – No Implied or Constructive Trust over Liability Insurance Proceeds Absent Express Agreement or Segregation

Desai v Wood – No Implied or Constructive Trust over Liability Insurance Proceeds Absent Express Agreement or Segregation

Date: Jul 16, 2025
Desai & Anor v Wood & Anor ([2025] EWCA Civ 906) “No Implied or Constructive Trust over Liability Insurance Proceeds Absent Express Agreement or Segregation” 1. Introduction This Court of Appeal...
“No Estoppel in Proceeds-of-Crime Reviews” – Supreme Court Clarifies Unlimited Re-Opening of Section 3(3) and Section 4 Proceedings

“No Estoppel in Proceeds-of-Crime Reviews” – Supreme Court Clarifies Unlimited Re-Opening of Section 3(3) and Section 4 Proceedings

Date: Jul 16, 2025
“No Estoppel in Proceeds-of-Crime Reviews” – Supreme Court Clarifies Unlimited Re-Opening of Section 3(3) and Section 4 Proceedings Introduction The Supreme Court of Ireland, in Criminal Assets...
The “Zeman Threshold” – Supreme Court Clarifies Cross-Examination Rights and Fresh-Evidence Requirements in Proceeds of Crime Act Reviews

The “Zeman Threshold” – Supreme Court Clarifies Cross-Examination Rights and Fresh-Evidence Requirements in Proceeds of Crime Act Reviews

Date: Jul 16, 2025
The “Zeman Threshold” – Supreme Court Clarifies Cross-Examination Rights and Fresh-Evidence Requirements in Proceeds of Crime Act Reviews Introduction Criminal Asset Bureau v Routeback Media & Harry...
Restricting GAL Cost Entitlements and Joinder in Plenary Proceedings – A Commentary on B v Child & Family Agency [2025] IESC 33

Restricting GAL Cost Entitlements and Joinder in Plenary Proceedings – A Commentary on B v Child & Family Agency [2025] IESC 33

Date: Jul 16, 2025
Restricting GAL Cost Entitlements and Joinder in Plenary Proceedings – A Commentary on B v Child & Family Agency [2025] IESC 33 1. Introduction B v Child & Family Agency (Approved) ([2025] IESC 33)...
MU v Secretary of State for the Home Department: Mandatory Assessment of State Protection & Internal Relocation in Article 3 ECHR Deportation Appeals

MU v Secretary of State for the Home Department: Mandatory Assessment of State Protection & Internal Relocation in Article 3 ECHR Deportation Appeals

Date: Jul 16, 2025
MU v Secretary of State for the Home Department: Mandatory Assessment of State Protection & Internal Relocation in Article 3 ECHR Deportation Appeals Introduction The Court of Appeal’s decision in MU...
Discovery Before Pleadings & Statutory Supremacy of the Legal Costs Adjudicator – Comment on Flatley & Anor v Novellus Finance Ltd & Ors [2025] IEHC 404

Discovery Before Pleadings & Statutory Supremacy of the Legal Costs Adjudicator – Comment on Flatley & Anor v Novellus Finance Ltd & Ors [2025] IEHC 404

Date: Jul 16, 2025
Discovery Before Pleadings & the Statutory Supremacy of the Legal Costs Adjudicator Commentary on Flatley & Anor v Novellus Finance Ltd & Ors [2025] IEHC 404 1. Introduction Flatley & Anor v Novellus...
Stevens v R – Correcting Confiscation Orders when Defined-Benefit Pensions Have No Market Value: Fairness over Finality

Stevens v R – Correcting Confiscation Orders when Defined-Benefit Pensions Have No Market Value: Fairness over Finality

Date: Jul 16, 2025
Stevens v R – Correcting Confiscation Orders when Defined-Benefit Pensions Have No Market Value: Fairness over Finality 1. Introduction In Stevens, R. v ([2025] EWCA Crim 1123) the Court of Appeal...
“Severability of Flawed Short-Form Reasons” – A Comment on Vaid v Minister for Justice & Anor [2025] IEHC 389

“Severability of Flawed Short-Form Reasons” – A Comment on Vaid v Minister for Justice & Anor [2025] IEHC 389

Date: Jul 15, 2025
“Severability of Flawed Short-Form Reasons” – A Comment on Vaid v Minister for Justice & Anor [2025] IEHC 389 1. Introduction The High Court’s decision in Vaid v Minister for Justice & Anor ([2025]...
Strict Adherence to Statutory Judicial Review under the Planning and Development Act 2000 for Challenges to Derelict-Site Vesting Orders – Commentary on Telstar Investments Ltd v Dublin City Council [2025] IEHC 386

Strict Adherence to Statutory Judicial Review under the Planning and Development Act 2000 for Challenges to Derelict-Site Vesting Orders – Commentary on Telstar Investments Ltd v Dublin City Council [2025] IEHC 386

Date: Jul 15, 2025
Strict Adherence to Statutory Judicial Review under the Planning and Development Act 2000 for Challenges to Derelict-Site Vesting Orders Commentary on Telstar Investments Ltd v Dublin City Council...
Perez v Coombe: High Court Clarifies the Status of Clinical Guidelines and the “Two-Schools-of-Thought” Defence in Irish Medical-Negligence Law

Perez v Coombe: High Court Clarifies the Status of Clinical Guidelines and the “Two-Schools-of-Thought” Defence in Irish Medical-Negligence Law

Date: Jul 15, 2025
Perez v Coombe: High Court Clarifies the Status of Clinical Guidelines and the “Two-Schools-of-Thought” Defence in Irish Medical-Negligence Law 1. Introduction Citation: Perez v Coombe Women &...
Pepper Finance v. Cuffe – Conclusive Land Registry Entries & Admissibility of Litigation-Generated Business Records in Summary Possession Actions

Pepper Finance v. Cuffe – Conclusive Land Registry Entries & Admissibility of Litigation-Generated Business Records in Summary Possession Actions

Date: Jul 15, 2025
Pepper Finance v. Cuffe – Conclusive Land Registry Entries & Admissibility of Litigation-Generated Business Records in Summary Possession Actions 1. Introduction Court: High Court of Ireland  | ...

    “Entitlement-to-Rent” as the Sole Test of Landlord Status under the Residential Tenancies Act 2004 – A Comment on Ó Laoire v. Residential Tenancies Board [2025] IEHC 384

“Entitlement-to-Rent” as the Sole Test of Landlord Status under the Residential Tenancies Act 2004 – A Comment on Ó Laoire v. Residential Tenancies Board [2025] IEHC 384

Date: Jul 15, 2025
“Entitlement-to-Rent” as the Sole Test of Landlord Status under the Residential Tenancies Act 2004 – A Comprehensive Commentary on Ó Laoire v. Residential Tenancies Board [2025] IEHC 384 1....
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