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  • Commentaries

England and Wales Case Commentaries

Redefining 'Unduly Harsh' in Deportation under Article 8 ECHR – Secretary of State v KF [2019] EWCA Civ 2051

Redefining 'Unduly Harsh' in Deportation under Article 8 ECHR – Secretary of State v KF [2019] EWCA Civ 2051

Date: Nov 23, 2019
Redefining 'Unduly Harsh' in Deportation under Article 8 ECHR – Secretary of State v KF [2019] EWCA Civ 2051 Introduction Secretary of State for the Home Department v. KF (Nigeria) ([2019] EWCA Civ...
Withdrawal of Consent in Family Law: An In-depth Analysis of F v. M [2019] EWHC 3177 (Fam)

Withdrawal of Consent in Family Law: An In-depth Analysis of F v. M [2019] EWHC 3177 (Fam)

Date: Nov 22, 2019
Withdrawal of Consent in Family Law: An In-depth Analysis of F v. M [2019] EWHC 3177 (Fam) Introduction The case of F v. M ([2019] EWHC 3177 (Fam)) represents a significant judicial examination of...
Revisiting Secure Accommodation Orders under Section 25 of the Children Act 1989: Expanded Interpretation and Proportionality Considerations

Revisiting Secure Accommodation Orders under Section 25 of the Children Act 1989: Expanded Interpretation and Proportionality Considerations

Date: Nov 22, 2019
Revisiting Secure Accommodation Orders under Section 25 of the Children Act 1989: Expanded Interpretation and Proportionality Considerations Introduction The case B (Secure Accommodation Order), Re...
Reaffirmation of Burden of Proof in Statelessness Claims under the British Nationality Act 1981

Reaffirmation of Burden of Proof in Statelessness Claims under the British Nationality Act 1981

Date: Nov 22, 2019
Reaffirmation of Burden of Proof in Statelessness Claims under the British Nationality Act 1981 Introduction The case of The Secretary of State for the Home Department v. E3 & N3 ([2019] EWCA Civ...
Ibrahim v. HCA International Ltd: Clarifying the Public Interest Test for Protected Disclosures

Ibrahim v. HCA International Ltd: Clarifying the Public Interest Test for Protected Disclosures

Date: Nov 20, 2019
Ibrahim v. HCA International Ltd: Clarifying the Public Interest Test for Protected Disclosures Introduction Ibrahim v. HCA International Ltd ([2019] EWCA Civ 2007) is a pivotal case from the England...
Fixed Costs Regime Confirmed in Part 36 Settlement Offers under RTA Protocol

Fixed Costs Regime Confirmed in Part 36 Settlement Offers under RTA Protocol

Date: Nov 20, 2019
Fixed Costs Regime Confirmed in Part 36 Settlement Offers under RTA Protocol Introduction In the case of Ho v. Adelekun ([2019] EWCA Civ 1988), the England and Wales Court of Appeal addressed pivotal...
Clarifying the Standard for Ordinary Living Expenses in Freezing Orders: Vneshprombank LLC v. Bedzhamov & Ors ([2019] EWCA Civ 1992)

Clarifying the Standard for Ordinary Living Expenses in Freezing Orders: Vneshprombank LLC v. Bedzhamov & Ors ([2019] EWCA Civ 1992)

Date: Nov 20, 2019
Clarifying the Standard for Ordinary Living Expenses in Freezing Orders: Vneshprombank LLC v. Bedzhamov & Ors ([2019] EWCA Civ 1992) Introduction The case of Vneshprombank LLC v. Bedzhamov & Ors...
Enhanced Duties of Local Authorities in Housing Reviews: Insights from London Borough of Waltham Forest v. Saleh

Enhanced Duties of Local Authorities in Housing Reviews: Insights from London Borough of Waltham Forest v. Saleh

Date: Nov 20, 2019
Enhanced Duties of Local Authorities in Housing Reviews: Insights from London Borough of Waltham Forest v. Saleh Introduction The case of London Borough of Waltham Forest v. Saleh ([2019] EWCA Civ...
Necessity and Proportionality in Interim Child Separation: Insights from C (A Child) (Interim Separation), Re ([2019] EWCA Civ 1998)

Necessity and Proportionality in Interim Child Separation: Insights from C (A Child) (Interim Separation), Re ([2019] EWCA Civ 1998)

Date: Nov 19, 2019
Necessity and Proportionality in Interim Child Separation: Insights from C (A Child) (Interim Separation), Re ([2019] EWCA Civ 1998) Introduction The case of C (A Child) (Interim Separation), Re...
Establishing the Exclusivity of Asymmetric Jurisdiction Clauses under Article 31(2) of Brussels Recast: Etihad Airways PJSC v. Flother Commentary

Establishing the Exclusivity of Asymmetric Jurisdiction Clauses under Article 31(2) of Brussels Recast: Etihad Airways PJSC v. Flother Commentary

Date: Nov 19, 2019
Establishing the Exclusivity of Asymmetric Jurisdiction Clauses under Article 31(2) of Brussels Recast: Etihad Airways PJSC v. Flother Commentary Introduction The case of Etihad Airways PJSC v....
Clarifying the Boundaries of Without Prejudice and Litigation Privileges in Settlement Agreements: Insights from BGC Brokers LP & Ors v. Tradition (UK) Ltd & Ors [2019]

Clarifying the Boundaries of Without Prejudice and Litigation Privileges in Settlement Agreements: Insights from BGC Brokers LP & Ors v. Tradition (UK) Ltd & Ors [2019]

Date: Nov 19, 2019
Clarifying the Boundaries of Without Prejudice and Litigation Privileges in Settlement Agreements: Insights from BGC Brokers LP & Ors v. Tradition (UK) Ltd & Ors [2019] Introduction The case of BGC...
Directors’ Duties in Takeover Communications: Limited Personal Duty, a Breached Equitable “Sufficient Information” Duty Without Loss, and a High Bar on Causation (Sharp v Blank [2019] EWHC 3096 (Ch))

Directors’ Duties in Takeover Communications: Limited Personal Duty, a Breached Equitable “Sufficient Information” Duty Without Loss, and a High Bar on Causation (Sharp v Blank [2019] EWHC 3096 (Ch))

Date: Nov 16, 2019
Directors’ Duties in Takeover Communications: Limited Personal Duty, a Breached Equitable “Sufficient Information” Duty Without Loss, and a High Bar on Causation (Sharp v Blank [2019] EWHC 3096 (Ch))...
Clarifying the Determination of Legal Aid in High Court Committal Proceedings: The McKay (No. 2) Judgment

Clarifying the Determination of Legal Aid in High Court Committal Proceedings: The McKay (No. 2) Judgment

Date: Nov 16, 2019
Clarifying the Determination of Legal Aid in High Court Committal Proceedings: The McKay (No. 2) Judgment Introduction The case of The All England Lawn Tennis Club (Championships) Ltd v. McKay (No....
Ensuring Procedural Fairness in Fact-Finding: The A (No.2) Judgment and Its Implications for Family Law

Ensuring Procedural Fairness in Fact-Finding: The A (No.2) Judgment and Its Implications for Family Law

Date: Nov 15, 2019
Ensuring Procedural Fairness in Fact-Finding: The A (No.2) Judgment and Its Implications for Family Law Introduction The case of A (No. 2) (Children: Findings of Fact) ([2019] EWCA Civ 1947) presents...
Jurisdictional Determinations in Cross-Border Defamation under the Recast Brussels Regulation: Euroeco Fuels v. Szczecin and Swinoujscie Seaports Authority

Jurisdictional Determinations in Cross-Border Defamation under the Recast Brussels Regulation: Euroeco Fuels v. Szczecin and Swinoujscie Seaports Authority

Date: Nov 12, 2019
Jurisdictional Determinations in Cross-Border Defamation under the Recast Brussels Regulation: Euroeco Fuels v. Szczecin and Swinoujscie Seaports Authority Introduction Euroeco Fuels (Poland) Ltd &...
Reevaluation of Exceptional Circumstances in Family Life Claims: Lal v. Secretary of State for the Home Department [2019] EWCA Civ 1925

Reevaluation of Exceptional Circumstances in Family Life Claims: Lal v. Secretary of State for the Home Department [2019] EWCA Civ 1925

Date: Nov 9, 2019
Reevaluation of Exceptional Circumstances in Family Life Claims: Lal v. Secretary of State for the Home Department [2019] EWCA Civ 1925 Introduction The case of Lal v. The Secretary of State for the...
Reaffirming the Binding Effect of 'Subject to Contract' in Profit Share Agreements: Farrar & Anor v. Rylatt & Ors [2019] EWCA Civ 1864

Reaffirming the Binding Effect of 'Subject to Contract' in Profit Share Agreements: Farrar & Anor v. Rylatt & Ors [2019] EWCA Civ 1864

Date: Nov 9, 2019
Reaffirming the Binding Effect of 'Subject to Contract' in Profit Share Agreements: Farrar & Anor v. Rylatt & Ors [2019] EWCA Civ 1864 Introduction Farrar & Anor v. Rylatt & Ors ([2019] EWCA Civ...
Defining 'Public Assembly' under the Public Order Act 1986: Jones & Ors v. The Commissioner of Police for the Metropolis

Defining 'Public Assembly' under the Public Order Act 1986: Jones & Ors v. The Commissioner of Police for the Metropolis

Date: Nov 7, 2019
Defining 'Public Assembly' under the Public Order Act 1986: Jones & Ors v. The Commissioner of Police for the Metropolis Introduction The case of Jones & Ors v. The Commissioner of Police for the...
Comprehensive Commentary on Friends of Antique Cultural Treasures Ltd v. Secretary of State for the Environment, Food and Rural Affairs ([2019] EWHC 2951 (Admin))

Comprehensive Commentary on Friends of Antique Cultural Treasures Ltd v. Secretary of State for the Environment, Food and Rural Affairs ([2019] EWHC 2951 (Admin))

Date: Nov 6, 2019
Comprehensive Commentary on Friends of Antique Cultural Treasures Ltd v. Secretary of State for the Environment, Food and Rural Affairs ([2019] EWHC 2951 (Admin)) Introduction The case of Friends of...
Striking Out of Defamation Claims for Non-Compliance with Pleading Rules: A Commentary on Baker v. Hemming ([2019] EWHC 2950 (QB))

Striking Out of Defamation Claims for Non-Compliance with Pleading Rules: A Commentary on Baker v. Hemming ([2019] EWHC 2950 (QB))

Date: Nov 6, 2019
Striking Out of Defamation Claims for Non-Compliance with Pleading Rules: A Commentary on Baker v. Hemming ([2019] EWHC 2950 (QB)) Introduction Baker v. Hemming ([2019] EWHC 2950 (QB)) is a...
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