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  • Commentaries

England and Wales Case Commentaries

Court of Appeal Upholds Best Interests Determination in RS Case: Implications for Future Medical Treatment Proceedings

Court of Appeal Upholds Best Interests Determination in RS Case: Implications for Future Medical Treatment Proceedings

Date: Jan 14, 2021
Court of Appeal Upholds Best Interests Determination in RS Case: Implications for Future Medical Treatment Proceedings Introduction The case of Z v. University Hospitals Plymouth NHS Trust (NO 2)...
Comprehensive Analysis of Paul Newman New Homes Ltd v. Secretary of State for Housing, Communities And Local Government ([2021] EWCA Civ 15)

Comprehensive Analysis of Paul Newman New Homes Ltd v. Secretary of State for Housing, Communities And Local Government ([2021] EWCA Civ 15)

Date: Jan 13, 2021
Balance of Policies in Sustainable Development: Insights from Paul Newman New Homes Ltd v. Secretary of State ([2021] EWCA Civ 15) Introduction The case of Paul Newman New Homes Ltd v. Secretary of...
Strict Standards for 'Unambiguous Impropriety' in Without Prejudice Communications: Motorola v Hytera Appeal

Strict Standards for 'Unambiguous Impropriety' in Without Prejudice Communications: Motorola v Hytera Appeal

Date: Jan 12, 2021
Strict Standards for 'Unambiguous Impropriety' in Without Prejudice Communications: Motorola v Hytera Appeal Introduction The legal landscape surrounding settlement negotiations is profoundly...
Establishing Contractual Duties to Avoid Conflicts of Interest among Expert Witness Entities: Secretariat Consulting PTE Ltd & Ors v. A Company

Establishing Contractual Duties to Avoid Conflicts of Interest among Expert Witness Entities: Secretariat Consulting PTE Ltd & Ors v. A Company

Date: Jan 12, 2021
Establishing Contractual Duties to Avoid Conflicts of Interest among Expert Witness Entities: Secretariat Consulting PTE Ltd & Ors v. A Company Introduction The case of Secretariat Consulting PTE Ltd...
Maintenance Pending Suit: Reasonable Needs and Critical Analysis - Rattan v Kuwad [2021] EWCA Civ 1

Maintenance Pending Suit: Reasonable Needs and Critical Analysis - Rattan v Kuwad [2021] EWCA Civ 1

Date: Jan 12, 2021
Maintenance Pending Suit: Reasonable Needs and Critical Analysis - Rattan v Kuwad [2021] EWCA Civ 1 Introduction Rattan v. Kuwad (Rev 1) ([2021] EWCA Civ 1) is a pivotal case adjudicated by the...
Legal Commentary: PricewaterhouseCoopers LLP v. BTI 2014 LLC ([2021] EWCA Civ 9)

Legal Commentary: PricewaterhouseCoopers LLP v. BTI 2014 LLC ([2021] EWCA Civ 9)

Date: Jan 12, 2021
Legal Commentary: PricewaterhouseCoopers LLP v. BTI 2014 LLC ([2021] EWCA Civ 9) Establishing Boundaries on Abuse of Process in Collateral Litigation Introduction The case of PricewaterhouseCoopers...
Clarifying the Threshold for Article 1F(c) Exclusion: Secretary of State v. NF [2021] EWCA Civ 17

Clarifying the Threshold for Article 1F(c) Exclusion: Secretary of State v. NF [2021] EWCA Civ 17

Date: Jan 12, 2021
Clarifying the Threshold for Article 1F(c) Exclusion Secretary of State for the Home Department v. NF ([2021] EWCA Civ 17) Introduction The case of Secretary of State for the Home Department v. NF...
Refining Causation in Murder Cases: Insights from Walker v [2021] EWCA Crim 3

Refining Causation in Murder Cases: Insights from Walker v [2021] EWCA Crim 3

Date: Jan 9, 2021
Refining Causation in Murder Cases: Insights from Walker v [2021] EWCA Crim 3 Introduction Walker v [2021] EWCA Crim 3 is a landmark case adjudicated by the England and Wales Court of Appeal...
Clarifying the Abuse of Process Doctrine in Collateral Civil Challenges: Insights from Allsop v. Banner Jones Ltd

Clarifying the Abuse of Process Doctrine in Collateral Civil Challenges: Insights from Allsop v. Banner Jones Ltd

Date: Jan 9, 2021
Clarifying the Abuse of Process Doctrine in Collateral Civil Challenges: Insights from Allsop v. Banner Jones Ltd Introduction Allsop v. Banner Jones Ltd (t/a Banner Jones Solicitors) ([2021] EWCA...
R v Reynolds [2021]: Reinforcing the Primacy of Public Protection Over Mental Health Mitigation in Sexual Offence Sentencing

R v Reynolds [2021]: Reinforcing the Primacy of Public Protection Over Mental Health Mitigation in Sexual Offence Sentencing

Date: Jan 9, 2021
R v Reynolds [2021]: Reinforcing the Primacy of Public Protection Over Mental Health Mitigation in Sexual Offence Sentencing Introduction The case of R v Reynolds [2021] EWCA Crim 10 addresses the...
Rigorous Standards for Fresh Evidence in Criminal Appeals: An Analysis of BTT v. R ([2021] EWCA Crim 4)

Rigorous Standards for Fresh Evidence in Criminal Appeals: An Analysis of BTT v. R ([2021] EWCA Crim 4)

Date: Jan 8, 2021
Rigorous Standards for Fresh Evidence in Criminal Appeals: An Analysis of BTT v. R ([2021] EWCA Crim 4) Introduction The case of BTT v. R ([2021] EWCA Crim 4) addressed significant issues surrounding...
Ikram v. Secretary of State: Establishing Standards for Planning Permission Conditions and Unilateral Undertakings

Ikram v. Secretary of State: Establishing Standards for Planning Permission Conditions and Unilateral Undertakings

Date: Jan 7, 2021
Ikram v. Secretary of State: Establishing Standards for Planning Permission Conditions and Unilateral Undertakings Introduction The case of Ikram v. Secretary of State for Housing, Communities and...
Extinguishment of Statutory Trusts in Land Disposal: Commentary on Day v Shropshire Council [2020] EWCA Civ 1751

Extinguishment of Statutory Trusts in Land Disposal: Commentary on Day v Shropshire Council [2020] EWCA Civ 1751

Date: Dec 24, 2020
Extinguishment of Statutory Trusts in Land Disposal: Commentary on Day v Shropshire Council [2020] EWCA Civ 1751 Introduction The case of Day, R (On the Application Of) v. Shropshire Council [2020]...
Best Interests in Life-Sustaining Treatment: Insights from JB v University Hospitals Plymouth NHS Trust & Anor [2020] EWCA Civ 1772

Best Interests in Life-Sustaining Treatment: Insights from JB v University Hospitals Plymouth NHS Trust & Anor [2020] EWCA Civ 1772

Date: Dec 24, 2020
Best Interests in Life-Sustaining Treatment: Insights from JB v University Hospitals Plymouth NHS Trust & Anor [2020] EWCA Civ 1772 Introduction The case of JB v University Hospitals Plymouth NHS...
MN v. The Secretary of State for the Home Department: Establishing New Precedents in Human Trafficking Identification

MN v. The Secretary of State for the Home Department: Establishing New Precedents in Human Trafficking Identification

Date: Dec 22, 2020
MN v. The Secretary of State for the Home Department: Establishing New Precedents in Human Trafficking Identification Introduction In the landmark case of MN v. The Secretary of State for the Home...
Clarifying Bilingual Statutory Interpretation in Education Reorganization: R (On the Application Of) v. Rhondda Cynon Taf County Borough Council

Clarifying Bilingual Statutory Interpretation in Education Reorganization: R (On the Application Of) v. Rhondda Cynon Taf County Borough Council

Date: Dec 22, 2020
Clarifying Bilingual Statutory Interpretation in Education Reorganization: R (On the Application Of) v. Rhondda Cynon Taf County Borough Council Introduction The case of Driver, R (On the Application...
Extension of Prior Approval Deadlines under Article 7(c) GPDO 2015: Gluck v. Secretary of State for Housing, Communities And Local Government & Anor

Extension of Prior Approval Deadlines under Article 7(c) GPDO 2015: Gluck v. Secretary of State for Housing, Communities And Local Government & Anor

Date: Dec 22, 2020
Extension of Prior Approval Deadlines under Article 7(c) GPDO 2015: Gluck v. Secretary of State for Housing, Communities And Local Government & Anor Introduction The case of Gluck v. Secretary of...
Kuwait Oil Company v. Al-Tarkait: Jurisdictional Limits on Costs Awards in Employment Tribunals

Kuwait Oil Company v. Al-Tarkait: Jurisdictional Limits on Costs Awards in Employment Tribunals

Date: Dec 22, 2020
Kuwait Oil Company v. Al-Tarkait: Jurisdictional Limits on Costs Awards in Employment Tribunals Introduction The case of Kuwait Oil Company v. Al-Tarkait ([2020] EWCA Civ 1752) presents a pivotal...
Expanding the Scope of Article 31(2) Brussels Recast to Asymmetric Jurisdiction Clauses: Etihad Airways v. Flother

Expanding the Scope of Article 31(2) Brussels Recast to Asymmetric Jurisdiction Clauses: Etihad Airways v. Flother

Date: Dec 19, 2020
Expanding the Scope of Article 31(2) Brussels Recast to Asymmetric Jurisdiction Clauses: Etihad Airways v. Flother Introduction The case of Etihad Airways PJSC v. Flother ([2020] EWCA Civ 1707)...
Clarification on Knowledge Requirement under s.5(5) Protection from Harassment Act 1997: Damji v Court of Appeal

Clarification on Knowledge Requirement under s.5(5) Protection from Harassment Act 1997: Damji v Court of Appeal

Date: Dec 19, 2020
Clarification on Knowledge Requirement under s.5(5) Protection from Harassment Act 1997: Damji v Court of Appeal Introduction In the case of Damji, R. v ([2020] EWCA Crim 1774), the appellant, Farah...
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