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  • Commentaries

England and Wales Case Commentaries

Court of Appeal Establishes Procedures for Interim Relief in EEA Deportation Appeals

Court of Appeal Establishes Procedures for Interim Relief in EEA Deportation Appeals

Date: May 13, 2020
Court of Appeal Establishes Procedures for Interim Relief in EEA Deportation Appeals Introduction In the landmark case of Garrec & Anor, R (on the application of) v. Secretary of State for the Home...
Viasat UK Ltd & Anor v. The Office of Communications & Anor: Upholding Regulatory Flexibility in Spectrum Allocation

Viasat UK Ltd & Anor v. The Office of Communications & Anor: Upholding Regulatory Flexibility in Spectrum Allocation

Date: May 12, 2020
Viasat UK Ltd & Anor v. The Office of Communications & Anor: Upholding Regulatory Flexibility in Spectrum Allocation Introduction The case of Viasat UK Ltd & Anor v. The Office of Communications &...
Stay of Possession Proceedings Coronavirus: Arkin v. Marshall ([2020] WLR(D) 330)

Stay of Possession Proceedings Coronavirus: Arkin v. Marshall ([2020] WLR(D) 330)

Date: May 12, 2020
Stay of Possession Proceedings Coronavirus: Arkin v. Marshall ([2020] WLR(D) 330) Introduction The case of Arkin v. Marshall ([2020] WLR(D) 330) addressed critical issues arising from the...
Ensuring Fair Trial Rights: Twum-Barima v EWCA Crim 1009 Reinforces Defense Speech Protections

Ensuring Fair Trial Rights: Twum-Barima v EWCA Crim 1009 Reinforces Defense Speech Protections

Date: May 10, 2020
Ensuring Fair Trial Rights: Twum-Barima v EWCA Crim 1009 Reinforces Defense Speech Protections Introduction The case of Twum-Barima, R. v ([2020] EWCA Crim 1009) heard by the England and Wales Court...
Devani Appeal Reinforces the Integrity of Extradition Assurance Mechanisms Under Article 3 ECHR

Devani Appeal Reinforces the Integrity of Extradition Assurance Mechanisms Under Article 3 ECHR

Date: May 8, 2020
Devani Appeal Reinforces the Integrity of Extradition Assurance Mechanisms Under Article 3 ECHR Introduction The Secretary of State for the Home Department v. Devani ([2020] EWCA Civ 612) is a...
High Threshold for Interim Injunctions: Upholding Public Interest in Report Publication

High Threshold for Interim Injunctions: Upholding Public Interest in Report Publication

Date: May 8, 2020
High Threshold for Interim Injunctions: Upholding Public Interest in Report Publication – Comment on X, R (on the application of) v. Office for Standards in Education, Children's Services and Skills...
Restraining Solicitors: Limiting the Scope of Bolkiah in 'Former Opponent' Cases

Restraining Solicitors: Limiting the Scope of Bolkiah in 'Former Opponent' Cases

Date: May 8, 2020
Restraining Solicitors: Limiting the Scope of Bolkiah in 'Former Opponent' Cases Introduction The case of Glencairn IP Holdings Ltd & Anor v. Product Specialities Inc & Ors ([2020] EWCA Civ 609)...
Mustafa v. The Environment Agency: Defining "Exempt Facilities" Under Environmental Permitting Regulations 2010

Mustafa v. The Environment Agency: Defining "Exempt Facilities" Under Environmental Permitting Regulations 2010

Date: May 7, 2020
Mustafa v. The Environment Agency: Defining "Exempt Facilities" Under Environmental Permitting Regulations 2010 Introduction The case of Mustafa v. The Environment Agency ([2020] EWCA Crim 597)...
Mustafa v. The Environment Agency [2020] EWCA Crim 597: Interpretation of Exempt Facility Regulations

Mustafa v. The Environment Agency [2020] EWCA Crim 597: Interpretation of Exempt Facility Regulations

Date: May 7, 2020
Mustafa v. The Environment Agency [2020] EWCA Crim 597: Interpretation of Exempt Facility Regulations Introduction In the landmark case of Mustafa v. The Environment Agency, the England and Wales...
R v Westwood [2020] EWCA Crim 598: Establishing the Primacy of Psychiatric Consensus in Sentencing Mentally Disordered Offenders

R v Westwood [2020] EWCA Crim 598: Establishing the Primacy of Psychiatric Consensus in Sentencing Mentally Disordered Offenders

Date: May 7, 2020
R v Westwood [2020] EWCA Crim 598: Establishing the Primacy of Psychiatric Consensus in Sentencing Mentally Disordered Offenders Introduction The case of R v Westwood [2020] EWCA Crim 598 marks a...
Priority of Writs of Control Among Different Enforcement Officers: 365 Business Finance Ltd v. Bellagio Hospitality WB Ltd & Anor

Priority of Writs of Control Among Different Enforcement Officers: 365 Business Finance Ltd v. Bellagio Hospitality WB Ltd & Anor

Date: May 7, 2020
Priority of Writs of Control Among Different Enforcement Officers Introduction The case 365 Business Finance Ltd v. Bellagio Hospitality WB Ltd & Anor ([2020] EWCA Civ 588) addressed a pivotal issue...
Westwood: Affirming the Primacy of Psychiatric Evidence in Sentencing for Diminished Responsibility

Westwood: Affirming the Primacy of Psychiatric Evidence in Sentencing for Diminished Responsibility

Date: May 7, 2020
Westwood: Affirming the Primacy of Psychiatric Evidence in Sentencing for Diminished Responsibility Introduction In the landmark case of Westwood, R v ([2020] EWCA Crim 598), the England and Wales...
Adoption of Employment Contracts under Insolvency: Insights from Debenhams Retail Ltd Re [2020] EWCA Civ 600

Adoption of Employment Contracts under Insolvency: Insights from Debenhams Retail Ltd Re [2020] EWCA Civ 600

Date: May 7, 2020
Adoption of Employment Contracts under Insolvency: Insights from Debenhams Retail Ltd Re [2020] EWCA Civ 600 Introduction The landmark case of Debenhams Retail Ltd, Re [2020] EWCA Civ 600 addresses...
Adoption of Employment Contracts in Administration During COVID-19: Debenhams Retail Ltd Re [2020] EWCA Civ 600

Adoption of Employment Contracts in Administration During COVID-19: Debenhams Retail Ltd Re [2020] EWCA Civ 600

Date: May 7, 2020
Adoption of Employment Contracts in Administration During COVID-19: Debenhams Retail Ltd Re [2020] EWCA Civ 600 Introduction The case of Debenhams Retail Ltd, Re ([2020] EWCA Civ 600) adjudicated by...
Borwick Development Solutions Ltd v. Clear Water Fisheries Ltd: Defining Qualified Property Rights in Captive Fish

Borwick Development Solutions Ltd v. Clear Water Fisheries Ltd: Defining Qualified Property Rights in Captive Fish

Date: May 2, 2020
Borwick Development Solutions Ltd v. Clear Water Fisheries Ltd: Defining Qualified Property Rights in Captive Fish Introduction The case of Borwick Development Solutions Ltd v. Clear Water Fisheries...
Bartell Reignited: Strengthening Mandatory Sentences for Firearms Offences

Bartell Reignited: Strengthening Mandatory Sentences for Firearms Offences

Date: May 2, 2020
Bartell Reignited: Strengthening Mandatory Sentences for Firearms Offences Introduction The case of R v Bartell ([2020] EWCA Crim 625) represents a pivotal moment in the enforcement of firearms...
Establishing the Reliability of Confessional Evidence: Insights from Park (Deceased) v. R. ([2020] EWCA Crim 589)

Establishing the Reliability of Confessional Evidence: Insights from Park (Deceased) v. R. ([2020] EWCA Crim 589)

Date: May 2, 2020
Establishing the Reliability of Confessional Evidence: Insights from Park (Deceased) v. R. ([2020] EWCA Crim 589) Introduction Park (Deceased) v. R. ([2020] EWCA Crim 589) is a pivotal case...
Sentencing in Intimidatory Offences: Analysis of Molloy v R [2020] EWCA Crim 604

Sentencing in Intimidatory Offences: Analysis of Molloy v R [2020] EWCA Crim 604

Date: May 1, 2020
Sentencing in Intimidatory Offences: Analysis of Molloy v R [2020] EWCA Crim 604 Introduction The case of Molloy, R. v ([2020] EWCA Crim 604) presents a significant examination of sentencing...
Establishing Paternity in Adoption Proceedings: Rejection of Sibling Testing in L (Adoption) [2020] EWCA Civ 577

Establishing Paternity in Adoption Proceedings: Rejection of Sibling Testing in L (Adoption) [2020] EWCA Civ 577

Date: May 1, 2020
Establishing Paternity in Adoption Proceedings: Rejection of Sibling Testing in L (Adoption) [2020] EWCA Civ 577 Introduction The case of L (Adoption: Identification of Possible Father) [2020] EWCA...
R v Manning (2020): Court of Appeal Refines Sentencing Guidelines for Incitement to Sexual Activity

R v Manning (2020): Court of Appeal Refines Sentencing Guidelines for Incitement to Sexual Activity

Date: May 1, 2020
R v Manning (2020): Court of Appeal Refines Sentencing Guidelines for Incitement to Sexual Activity Introduction The case of R v Manning ([2020] EWCA Crim 592) represents a significant judicial...
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