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  • Commentaries

view Case Commentaries

Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611

Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611

Date: Dec 12, 2025
Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611 1. Introduction This commentary examines the...
Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures

Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures

Date: Dec 12, 2025
Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures 1. Introduction This Court of Appeal decision in B, Re (1980 Hague...
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

Date: Dec 12, 2025
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct 1. Introduction The decision of Lady Tait in Petition...
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

Date: Dec 12, 2025
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions 1. Introduction In DM v EF [2025] CSOH 115, Lord Braid, sitting in the Outer House of the Court of...
Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Date: Dec 12, 2025
Court of Session Clarifies “Prevention of Access” and Substantial Prejudice in Challenges to Traffic Regulation Orders: Norman Esslemont v Aberdeen City Council [2025] CSIH 31 1. Introduction This...
Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708

Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708

Date: Dec 12, 2025
Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708 1....
Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A: Commentary on The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588

Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A: Commentary on The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588

Date: Dec 12, 2025
Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A Case: The Tower One St George Wharf Ltd v Commissioners for His Majesty's Revenue and Customs [2025] EWCA Civ 1588...
Functus Officio, De Minimis Breaches and Certification under s.50A(7) PDA 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701

Functus Officio, De Minimis Breaches and Certification under s.50A(7) PDA 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701

Date: Dec 12, 2025
Functus Officio, De Minimis Breaches and Certification under s.50A(7) of the Planning and Development Act 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701 1. Introduction This...
Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Date: Dec 12, 2025
Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44 1. Introduction This Supreme Court decision addresses a novel and sensitive...
Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 – Commentary on KW v Mental Health Tribunal [2025] IEHC 685

Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 – Commentary on KW v Mental Health Tribunal [2025] IEHC 685

Date: Dec 11, 2025
Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 1. Introduction This commentary examines the High Court decision of Phelan J....
Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Date: Dec 11, 2025
Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011 1. Introduction In Veale & Ors v Scottish Power...

    Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses:
    Commentary on BWG Foods Unlimited Co v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707

Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Co v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707

Date: Dec 11, 2025
Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Company v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707 1. Introduction This High...

      Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in
      Contempt: Commentary on The Board of Management of Wilson's Hospital School
      v Burke (No. 3) [2025] IEHC 711

Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711

Date: Dec 11, 2025
Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711 1. Introduction...
Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction

Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction

Date: Dec 11, 2025
Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction 1. Introduction This High Court judgment in Alsaleh v Residential Tenancies...
“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008

“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008

Date: Dec 11, 2025
“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008 1. Introduction This judgment of the Court of Appeal...
Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v ALAB [2025] IEHC 670

Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v ALAB [2025] IEHC 670

Date: Dec 11, 2025
Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v The Aquaculture Licences Appeals Board [2025] IEHC 670 1. Introduction This judgment of...
Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700

Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700

Date: Dec 11, 2025
Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700 1....
Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing

Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing

Date: Dec 11, 2025
Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing 1. Introduction This commentary examines...
Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly v McGovern [2025] IEHC 704

Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly v McGovern [2025] IEHC 704

Date: Dec 11, 2025
Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly (Estate of O'Kelly) v McGovern (Estate of McGovern) [2025] IEHC 704 1. Introduction This commentary examines the...
MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review

MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review

Date: Dec 11, 2025
MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review 1. Introduction This commentary examines the High Court...
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