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  • Commentaries

England and Wales Case Commentaries

Clarifying the Scope of Human Rights Claim Refusals: Insights from Mujahid v. First Tier Tribunal [2021] EWCA Civ 449

Clarifying the Scope of Human Rights Claim Refusals: Insights from Mujahid v. First Tier Tribunal [2021] EWCA Civ 449

Date: Apr 1, 2021
Clarifying the Scope of Human Rights Claim Refusals: Insights from Mujahid v. First Tier Tribunal [2021] EWCA Civ 449 Table of Contents Introduction Summary of the Judgment Analysis Precedents Cited...
Undisclosed Broker Commissions as Grounds for Rescission of Loan Agreements: Wood v. Commercial First Business Ltd & Ors [2021] EWCA Civ 471

Undisclosed Broker Commissions as Grounds for Rescission of Loan Agreements: Wood v. Commercial First Business Ltd & Ors [2021] EWCA Civ 471

Date: Apr 1, 2021
Undisclosed Broker Commissions as Grounds for Rescission of Loan Agreements Introduction Wood v. Commercial First Business Ltd & Ors ([2021] EWCA Civ 471) is a pivotal case adjudicated by the England...
H-N And Others (Children) v Court of Appeal: Enhancing Family Court's Approach to Domestic Abuse in Child Welfare Proceedings

H-N And Others (Children) v Court of Appeal: Enhancing Family Court's Approach to Domestic Abuse in Child Welfare Proceedings

Date: Mar 31, 2021
H-N And Others (Children) v Court of Appeal: Enhancing Family Court's Approach to Domestic Abuse in Child Welfare Proceedings Introduction The case of H-N And Others (Children) (Domestic Abuse:...
Non-Attendance of Captain Due to Illness Not Considered Extraordinary Circumstance under Regulation (EC) 261/2004

Non-Attendance of Captain Due to Illness Not Considered Extraordinary Circumstance under Regulation (EC) 261/2004

Date: Mar 31, 2021
Non-Attendance of Captain Due to Illness Not Considered Extraordinary Circumstance under Regulation (EC) 261/2004 Introduction The case Lipton & Anor v. BA City Flyer Ltd ([2021] EWCA Civ 454) was...
Clarifying Judicial Powers: The Limits and Implications of Section 66 of the Courts Act 2003 in Gould & Ors v R.

Clarifying Judicial Powers: The Limits and Implications of Section 66 of the Courts Act 2003 in Gould & Ors v R.

Date: Mar 31, 2021
Clarifying Judicial Powers: The Limits and Implications of Section 66 of the Courts Act 2003 in Gould & Ors v R. Introduction The case of Gould & Ors v R. ([2021] 1 WLR 4812) before the England and...
Section 101 Admissibility of Bad Character Evidence and Overwhelming Supervening Act in Joint Enterprise: Insights from Lanning & Anor v. R [2021] EWCA Crim 450

Section 101 Admissibility of Bad Character Evidence and Overwhelming Supervening Act in Joint Enterprise: Insights from Lanning & Anor v. R [2021] EWCA Crim 450

Date: Mar 31, 2021
Section 101 Admissibility of Bad Character Evidence and Overwhelming Supervening Act in Joint Enterprise: Insights from Lanning & Anor v. R [2021] EWCA Crim 450 Introduction The case of Lanning &...
Enhancing the Scope of 'Communication to the Public' in Copyright Law: Tunein Inc v Warner Music UK Ltd & Anor

Enhancing the Scope of 'Communication to the Public' in Copyright Law: Tunein Inc v Warner Music UK Ltd & Anor

Date: Mar 27, 2021
Enhancing the Scope of 'Communication to the Public' in Copyright Law: Tunein Inc v Warner Music UK Ltd & Anor Introduction The case of Tunein Inc v Warner Music UK Ltd & Anor ([2021] EWCA Civ 441)...
Forensic Alternatives in Criminal Indictments: Insights from Dunn & Anor v R [2021] EWCA Crim 439

Forensic Alternatives in Criminal Indictments: Insights from Dunn & Anor v R [2021] EWCA Crim 439

Date: Mar 27, 2021
Forensic Alternatives in Criminal Indictments: Insights from Dunn & Anor v R [2021] EWCA Crim 439 Introduction The case of Dunn & Anor v R [2021] EWCA Crim 439 before the England and Wales Court of...
Vestel v Access Advance: Establishing Jurisdictional Limits in FRAND Declarations for SEPs

Vestel v Access Advance: Establishing Jurisdictional Limits in FRAND Declarations for SEPs

Date: Mar 27, 2021
Vestel v Access Advance: Establishing Jurisdictional Limits in FRAND Declarations for SEPs Introduction The case of Vestel Elektronik Sanayi Ve Ticaret A.S. & Anor v. Access Advance LLC & Anor...
Enhanced Scrutiny in Deportation Cases Involving Mental Health: Insights from Secretary of State v. Starkey

Enhanced Scrutiny in Deportation Cases Involving Mental Health: Insights from Secretary of State v. Starkey

Date: Mar 27, 2021
Enhanced Scrutiny in Deportation Cases Involving Mental Health: Insights from Secretary of State v. Starkey Introduction Secretary of State for the Home Department v. Starkey ([2021] EWCA Civ 421) is...
Significant Change Threshold in Discharging Special Guardianship Orders Established

Significant Change Threshold in Discharging Special Guardianship Orders Established

Date: Mar 27, 2021
Significant Change Threshold in Discharging Special Guardianship Orders Established Introduction The case of M (Special Guardianship Order: Leave To Apply To Discharge) ([2021] EWCA Civ 442)...
Balancing Privacy and Freedom of Expression in Family Court Document Access: Newman v Southampton City Council & Ors ([2021] EWCA Civ 437)

Balancing Privacy and Freedom of Expression in Family Court Document Access: Newman v Southampton City Council & Ors ([2021] EWCA Civ 437)

Date: Mar 26, 2021
Balancing Privacy and Freedom of Expression in Family Court Document Access: Newman v Southampton City Council & Ors ([2021] EWCA Civ 437) Introduction Newman v Southampton City Council & Ors ([2021]...
Court of Appeal Affirms Freshwater Five Convictions, Validates ECDIS Data Integrity in Conspiracy Cases

Court of Appeal Affirms Freshwater Five Convictions, Validates ECDIS Data Integrity in Conspiracy Cases

Date: Mar 26, 2021
Court of Appeal Affirms Freshwater Five Convictions, Validates ECDIS Data Integrity in Conspiracy Cases Introduction The case of Beere & Anor, R. v ([2021] EWCA Crim 432) revolves around the...
Reaffirming Standards for Credibility and Evidence in Defamation Suits: Depp II v. News Group Newspapers Ltd

Reaffirming Standards for Credibility and Evidence in Defamation Suits: Depp II v. News Group Newspapers Ltd

Date: Mar 26, 2021
Reaffirming Standards for Credibility and Evidence in Defamation Suits: Depp II v. News Group Newspapers Ltd Introduction In the high-profile defamation case of Depp II v. News Group Newspapers Ltd &...
Regulating Tenant Liability for Structural Defects: Insights from City of London v. Great Arthur House

Regulating Tenant Liability for Structural Defects: Insights from City of London v. Great Arthur House

Date: Mar 26, 2021
Regulating Tenant Liability for Structural Defects: Insights from City of London v. Great Arthur House Introduction The case of City of London v. Various Leaseholders of Great Arthur House ([2021]...
Baldwin v. R. [2021]: Sentencing Young Offenders with Mental Disorders – A New Precedent

Baldwin v. R. [2021]: Sentencing Young Offenders with Mental Disorders – A New Precedent

Date: Mar 25, 2021
Baldwin v. R. [2021]: Sentencing Young Offenders with Mental Disorders – A New Precedent 1. Introduction Baldwin v. R. ([2021] EWCA Crim 417) is a landmark case heard by the England and Wales Court...
Establishing Criteria for National Governing Bodies and Passing Off in Sports Associations: Analysis of UK Gymnastics Ltd & Ors v. BAGA

Establishing Criteria for National Governing Bodies and Passing Off in Sports Associations: Analysis of UK Gymnastics Ltd & Ors v. BAGA

Date: Mar 25, 2021
Establishing Criteria for National Governing Bodies and Passing Off in Sports Associations: Analysis of UK Gymnastics Ltd & Ors v. BAGA Introduction The case of UK Gymnastics Ltd & Ors v. British...
Appropriate Credit for Late Guilty Pleas in Sentencing: Insights from Mirza v EWCA Crim 522

Appropriate Credit for Late Guilty Pleas in Sentencing: Insights from Mirza v EWCA Crim 522

Date: Mar 25, 2021
Appropriate Credit for Late Guilty Pleas in Sentencing: Insights from Mirza v EWCA Crim 522 Introduction The case of Mirza, R. v ([2021] EWCA Crim 522) before the England and Wales Court of Appeal...
Establishing Standards for Witness Reliability and Sentencing in Kidnapping Cases: A Comprehensive Analysis of Kennedy v

Establishing Standards for Witness Reliability and Sentencing in Kidnapping Cases: A Comprehensive Analysis of Kennedy v

Date: Mar 25, 2021
Establishing Standards for Witness Reliability and Sentencing in Kidnapping Cases: A Comprehensive Analysis of Kennedy v ([2021] EWCA Crim 538) Introduction In the case of Kennedy, R. v ([2021] EWCA...
Crownmark Ltd v Athena Capital Fund: Reassessment of Material Change in Unless Orders

Crownmark Ltd v Athena Capital Fund: Reassessment of Material Change in Unless Orders

Date: Mar 24, 2021
Crownmark Ltd v Athena Capital Fund: Reassessment of Material Change in Unless Orders Introduction The case of Athena Capital Fund SICAV-FIS S.A v Crownmark Ltd ([2021] EWCA Civ 414) before the...
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