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  • Commentaries

England and Wales Case Commentaries

Expansion of Judicial Powers: Ordering Early Neutral Evaluations Without Party Consent in Lomax v. Lomax

Expansion of Judicial Powers: Ordering Early Neutral Evaluations Without Party Consent in Lomax v. Lomax

Date: Aug 7, 2019
Expansion of Judicial Powers: Ordering Early Neutral Evaluations Without Party Consent in Lomax v. Lomax Introduction Lomax v. Lomax ([2019] EWCA Civ 1467) is a pivotal case adjudicated by the...
Interpretation of Trustee Exoneration Clauses in Breach of Trust Claims: Analysis of Sofer v Swissindependent Trustees SA [2019] EWHC 2071 (Ch)

Interpretation of Trustee Exoneration Clauses in Breach of Trust Claims: Analysis of Sofer v Swissindependent Trustees SA [2019] EWHC 2071 (Ch)

Date: Aug 3, 2019
Interpretation of Trustee Exoneration Clauses in Breach of Trust Claims: Analysis of Sofer v Swissindependent Trustees SA [2019] EWHC 2071 (Ch) Introduction The case of Sofer v Swissindependent...
Tinkler v. Revenue & Customs: Clarifying the Validity of Enquiry Notices Under Section 9A TMA 1970

Tinkler v. Revenue & Customs: Clarifying the Validity of Enquiry Notices Under Section 9A TMA 1970

Date: Aug 1, 2019
Tinkler v. Revenue & Customs: Clarifying the Validity of Enquiry Notices Under Section 9A TMA 1970 Introduction The case of Tinkler v. Revenue & Customs ([2019] EWCA Civ 1392) revolves around the...
FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: Affirming the Subjective Common Intention Standard for Contract Rectification

FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: Affirming the Subjective Common Intention Standard for Contract Rectification

Date: Aug 1, 2019
FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: Affirming the Subjective Common Intention Standard for Contract Rectification Introduction FSHC Group Holdings Ltd v. Glas Trust Corporation Ltd...
Fentiman v. Marsh: Defining 'Serious Harm' in Digital Defamation Cases

Fentiman v. Marsh: Defining 'Serious Harm' in Digital Defamation Cases

Date: Aug 1, 2019
Fentiman v. Marsh: Defining 'Serious Harm' in Digital Defamation Cases Introduction Fentiman v. Marsh ([2019] EWHC 2099 (QB)) is a landmark defamation case adjudicated by the England and Wales High...
Clarifying Jurisdiction in Defamation Claims under Section 9 of the Defamation Act 2013: Wright v. Ver

Clarifying Jurisdiction in Defamation Claims under Section 9 of the Defamation Act 2013: Wright v. Ver

Date: Aug 1, 2019
Clarifying Jurisdiction in Defamation Claims under Section 9 of the Defamation Act 2013: Wright v. Ver ([2019] EWHC 2094 (QB)) Introduction The case of Wright v. Ver ([2019] EWHC 2094 (QB)) is a...
Unilateral Notice Compliance under Share Purchase Agreements: Insights from Stobart Group Ltd v. Stobart & Anor [2019]

Unilateral Notice Compliance under Share Purchase Agreements: Insights from Stobart Group Ltd v. Stobart & Anor [2019]

Date: Aug 1, 2019
Unilateral Notice Compliance under Share Purchase Agreements: Insights from Stobart Group Ltd v. Stobart & Anor [2019] Introduction The case of Stobart Group Ltd & Anor v. Stobart & Anor ([2019] EWCA...
Stagecoach East Midlands Trains Ltd v Secretary of State for Transport: Affirmation of Separate Limitation Periods for Public and Private Law Claims

Stagecoach East Midlands Trains Ltd v Secretary of State for Transport: Affirmation of Separate Limitation Periods for Public and Private Law Claims

Date: Aug 1, 2019
Stagecoach East Midlands Trains Ltd v Secretary of State for Transport [2019] EWHC 2047 (TCC) Introduction The case of Stagecoach East Midlands Trains Ltd & Ors v. The Secretary of State for...
Statutory Illegality in Employment Contracts: Insights from Okedina v. Chikale

Statutory Illegality in Employment Contracts: Insights from Okedina v. Chikale

Date: Aug 1, 2019
Statutory Illegality in Employment Contracts: Insights from Okedina v. Chikale Introduction Okedina v. Chikale ([2019] EWCA Civ 1393) is a landmark decision by the England and Wales Court of Appeal...
Affirmation of the Re C Test for Disclosure to Police in Family Court Proceedings: M (Children) [2019] EWCA Civ 1364

Affirmation of the Re C Test for Disclosure to Police in Family Court Proceedings: M (Children) [2019] EWCA Civ 1364

Date: Aug 1, 2019
Affirmation of the Re C Test for Disclosure to Police in Family Court Proceedings M (Children) [2019] EWCA Civ 1364 Introduction The case of M (Children) [2019] EWCA Civ 1364 revolves around...
State Immunity and Enforcement of Foreign Judgments: Heiser Estate v. Islamic Republic of Iran

State Immunity and Enforcement of Foreign Judgments: Heiser Estate v. Islamic Republic of Iran

Date: Aug 1, 2019
State Immunity and Enforcement of Foreign Judgments: Heiser Estate v. Islamic Republic of Iran Introduction The case of Heiser, Estate of & Ors v. The Islamic Republic of Iran & Anor ([2019] EWHC...
Safeguarding Victims of Trafficking: The Landmark Judgment in O v. R. ([2019] EWCA Crim 1389)

Safeguarding Victims of Trafficking: The Landmark Judgment in O v. R. ([2019] EWCA Crim 1389)

Date: Aug 1, 2019
Safeguarding Victims of Trafficking: The Landmark Judgment in O v. R. ([2019] EWCA Crim 1389) Introduction The case of O v. R. ([2019] EWCA Crim 1389) represents a pivotal moment in the judiciary's...
Judicial Review of Transfer Decisions Under Dublin III: Insights from MS (A child) v. Secretary of State

Judicial Review of Transfer Decisions Under Dublin III: Insights from MS (A child) v. Secretary of State

Date: Jul 31, 2019
Judicial Review of Transfer Decisions Under Dublin III: Insights from MS (A child) v. Secretary of State Introduction The case of MS (A child) v. The Secretary of State for the Home Department...
Control of Third-Party Documents and Amendment Limitations in Commercial Litigation: Ventra Investments Ltd v. Bank Of Scotland Plc

Control of Third-Party Documents and Amendment Limitations in Commercial Litigation: Ventra Investments Ltd v. Bank Of Scotland Plc

Date: Jul 31, 2019
Control of Third-Party Documents and Amendment Limitations in Commercial Litigation: Ventra Investments Ltd v. Bank Of Scotland Plc Introduction The case of Ventra Investments Ltd v. Bank Of Scotland...
Reaffirming the Devaseelan Guidance: Upper Tribunal's Approach to Prior Findings in BK v SSHD

Reaffirming the Devaseelan Guidance: Upper Tribunal's Approach to Prior Findings in BK v SSHD

Date: Jul 31, 2019
Reaffirming the Devaseelan Guidance: Upper Tribunal's Approach to Prior Findings in BK v SSHD Introduction The case of The Secretary of State for the Home Department v. BK (Afghanistan) ([2019] EWCA...
Implication of Terms in Relational Contracts: SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2019] EWHC 2004 (Ch)

Implication of Terms in Relational Contracts: SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2019] EWHC 2004 (Ch)

Date: Jul 30, 2019
Implication of Terms in Relational Contracts: SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2019] EWHC 2004 (Ch) Introduction The case of SPI North Ltd v Swiss Post International (UK) Ltd...
Enhancing Standards for Freezing Orders: Insights from PJSC National Bank Trust v. Mints

Enhancing Standards for Freezing Orders: Insights from PJSC National Bank Trust v. Mints

Date: Jul 30, 2019
Enhancing Standards for Freezing Orders: Insights from PJSC National Bank Trust v. Mints Introduction The case of PJSC National Bank Trust & Anor v. Mints & Ors ([2019] EWHC 2061 (Comm)) adjudicated...
Recognition of Internal Relocation as a Valid Ground for Cessation of Refugee Status: An Analysis of Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345

Recognition of Internal Relocation as a Valid Ground for Cessation of Refugee Status: An Analysis of Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345

Date: Jul 30, 2019
Recognition of Internal Relocation as a Valid Ground for Cessation of Refugee Status: An Analysis of Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345 Introduction The...
Extended Anonymity Protections for Child Defendants in English Criminal Proceedings: Analysis of RXG v. Ministry of Justice & Ors

Extended Anonymity Protections for Child Defendants in English Criminal Proceedings: Analysis of RXG v. Ministry of Justice & Ors

Date: Jul 30, 2019
Extended Anonymity Protections for Child Defendants in English Criminal Proceedings: Analysis of RXG v. Ministry of Justice & Ors Introduction The case of RXG v. Ministry of Justice & Ors ([2019]...
Forward v. Aldwyck Housing Group Ltd: Implications for Public Sector Equality Duty in Housing Possession Cases

Forward v. Aldwyck Housing Group Ltd: Implications for Public Sector Equality Duty in Housing Possession Cases

Date: Jul 30, 2019
Forward v. Aldwyck Housing Group Ltd: Implications for Public Sector Equality Duty in Housing Possession Cases Introduction The case of Forward v. Aldwyck Housing Group Ltd ([2019] EWCA Civ 1334)...
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