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  • Commentaries

England and Wales Case Commentaries

De Zorzi Exemption: Redefining Fugitive Status in Extradition Law

De Zorzi Exemption: Redefining Fugitive Status in Extradition Law

Date: Jul 30, 2019
De Zorzi Exemption: Redefining Fugitive Status in Extradition Law Introduction The case of Zorzi v. Attorney General adjudicated by the Appeal Court of Paris and referenced in the England and Wales...
Enforcing the Duty of Full and Frank Disclosure: Insights from Tugushev v. Orlov & Ors (No.2) [2019] EWHC 2031 (Comm)

Enforcing the Duty of Full and Frank Disclosure: Insights from Tugushev v. Orlov & Ors (No.2) [2019] EWHC 2031 (Comm)

Date: Jul 27, 2019
Enforcing the Duty of Full and Frank Disclosure: Insights from Tugushev v. Orlov & Ors (No.2) [2019] EWHC 2031 (Comm) Introduction Tugushev v. Orlov & Ors (No. 2) is a significant judgment delivered...
Exceptional Circumstances for Raising New Points on Appeal in Summary Possession Orders: Notting Hill Finance Ltd v. Sheikh ([2019] EWCA Civ 1337)

Exceptional Circumstances for Raising New Points on Appeal in Summary Possession Orders: Notting Hill Finance Ltd v. Sheikh ([2019] EWCA Civ 1337)

Date: Jul 26, 2019
Exceptional Circumstances for Raising New Points on Appeal in Summary Possession Orders: Notting Hill Finance Ltd v. Sheikh ([2019] EWCA Civ 1337) Introduction The case of Notting Hill Finance Ltd v....
Timing of Habitats Regulation Assessment in Multi-Stage Planning: Establishing Precedent in Wingfield v Canterbury City Council

Timing of Habitats Regulation Assessment in Multi-Stage Planning: Establishing Precedent in Wingfield v Canterbury City Council

Date: Jul 25, 2019
Timing of Habitats Regulation Assessment in Multi-Stage Planning: Establishing Precedent in Wingfield v Canterbury City Council Introduction Wingfield, R (On the Application Of) v. Canterbury City...
Chislet vs. Canterbury City Council: Defining Single Project Assessments under EIA Regulations 2011

Chislet vs. Canterbury City Council: Defining Single Project Assessments under EIA Regulations 2011

Date: Jul 25, 2019
Chislet vs. Canterbury City Council: Defining Single Project Assessments under EIA Regulations 2011 Introduction In the landmark case of Wingfield, R (On the Application Of) v. Canterbury City...
Interpretation of NPPF Paragraph 11(d) in AONB Development: Monkhill Ltd v. Secretary of State for Housing, Communities And Local Government

Interpretation of NPPF Paragraph 11(d) in AONB Development: Monkhill Ltd v. Secretary of State for Housing, Communities And Local Government

Date: Jul 25, 2019
Interpretation of NPPF Paragraph 11(d) in AONB Development: Monkhill Ltd v. Secretary of State for Housing, Communities And Local Government Introduction The case of Monkhill Ltd v. Secretary of...
Comprehensive Commentary on Re X (Female Genital Mutilation Protection Order No.2)

Comprehensive Commentary on Re X (Female Genital Mutilation Protection Order No.2)

Date: Jul 25, 2019
Re X (Female Genital Mutilation Protection Order No.2): Establishing Robust Safeguards Against FGM in Familial Contexts Introduction Re X (Female Genital Mutilation Protection Order No.2) ([2019]...
Balancing Access to Justice and Preventing Vexatious Litigation: Insights from The Chief Constable of Avon And Somerset Constabulary v. Gray ([2019] EWHC 1954 (QB))

Balancing Access to Justice and Preventing Vexatious Litigation: Insights from The Chief Constable of Avon And Somerset Constabulary v. Gray ([2019] EWHC 1954 (QB))

Date: Jul 23, 2019
Balancing Access to Justice and Preventing Vexatious Litigation: Insights from The Chief Constable of Avon And Somerset Constabulary v. Gray ([2019] EWHC 1954 (QB)) Introduction The case of The Chief...
Establishing Jurisdiction in Cross-Border Schemes of Arrangement: Insights from NN2 Newco Ltd, Re Politus BV ([2019] EWHC 1917 (Ch))

Establishing Jurisdiction in Cross-Border Schemes of Arrangement: Insights from NN2 Newco Ltd, Re Politus BV ([2019] EWHC 1917 (Ch))

Date: Jul 23, 2019
Establishing Jurisdiction in Cross-Border Schemes of Arrangement: Insights from NN2 Newco Ltd, Re Politus BV ([2019] EWHC 1917 (Ch)) Introduction The case of NN2 Newco Ltd, Re Politus BV ([2019] EWHC...
Judgment Commentary: Drexler v Leicestershire County Council and the Intersection of Age and Disability Discrimination in SEN Transport Policies

Judgment Commentary: Drexler v Leicestershire County Council and the Intersection of Age and Disability Discrimination in SEN Transport Policies

Date: Jul 20, 2019
Judgment Commentary: Drexler v Leicestershire County Council and the Intersection of Age and Disability Discrimination in SEN Transport Policies Introduction The case of Drexler, R (on the...
Regina v. Adams [2019] EWCA Crim 1363: Juror Guidance on Cross-Complainant Evidence

Regina v. Adams [2019] EWCA Crim 1363: Juror Guidance on Cross-Complainant Evidence

Date: Jul 19, 2019
Regina v. Adams [2019] EWCA Crim 1363: Juror Guidance on Cross-Complainant Evidence Introduction Regina v. Adams ([2019] EWCA Crim 1363) is a significant judgment from the England and Wales Court of...
Affirming RAND Obligations in SEP Licensing: Insights from TQ Delta v Zyxel

Affirming RAND Obligations in SEP Licensing: Insights from TQ Delta v Zyxel

Date: Jul 19, 2019
Affirming RAND Obligations in SEP Licensing: Insights from TQ Delta v Zyxel Introduction The case of TQ Delta, LLC v. Zyxel Communications UK Ltd & Anor ([2019] EWCA Civ 1277) marks a significant...
Reverse‑Deceit in Management Buyouts: Presumption of Inducement, “True Value” Damages with Probabilistic Discount, and Backdated Assignments Upheld Absent Intent to Deceive

Reverse‑Deceit in Management Buyouts: Presumption of Inducement, “True Value” Damages with Probabilistic Discount, and Backdated Assignments Upheld Absent Intent to Deceive

Date: Jul 19, 2019
Reverse‑Deceit in Management Buyouts: Presumption of Inducement, “True Value” Damages with Probabilistic Discount, and Backdated Assignments Upheld Absent Intent to Deceive Case: Vald. Nielsen...
Indemnity Costs in Family Proceedings: Timokhina v. Timokhin [2019] EWCA Civ 1284

Indemnity Costs in Family Proceedings: Timokhina v. Timokhin [2019] EWCA Civ 1284

Date: Jul 19, 2019
Indemnity Costs in Family Proceedings: Timokhina v. Timokhin [2019] EWCA Civ 1284 Introduction The case of Timokhina v. Timokhin ([2019] EWCA Civ 1284) addresses the complexities surrounding the...
Judicial Interpretation of Planning Permissions: Defining Residual Waste in UBB Waste Essex Ltd v Essex County Council

Judicial Interpretation of Planning Permissions: Defining Residual Waste in UBB Waste Essex Ltd v Essex County Council

Date: Jul 19, 2019
Judicial Interpretation of Planning Permissions: Defining Residual Waste in UBB Waste Essex Ltd v Essex County Council Introduction The case UBB Waste Essex Ltd v. Essex County Council ([2019] EWHC...
Set Aside of Default Judgment Under CPR: Insights from Clements Smith v. Berrymans Lace Mawer Service Co. & Anor

Set Aside of Default Judgment Under CPR: Insights from Clements Smith v. Berrymans Lace Mawer Service Co. & Anor

Date: Jul 19, 2019
Set Aside of Default Judgment Under CPR: Insights from Clements Smith v. Berrymans Lace Mawer Service Co. & Anor ([2019] EWHC 1904 (QB)) Introduction The case of Clements Smith v. Berrymans Lace...
Substantive Compliance with Section 122 in Traffic Regulation Orders: Trail Riders Fellowship v. Hampshire County Council

Substantive Compliance with Section 122 in Traffic Regulation Orders: Trail Riders Fellowship v. Hampshire County Council

Date: Jul 19, 2019
Substantive Compliance with Section 122 in Traffic Regulation Orders: Trail Riders Fellowship v. Hampshire County Council Introduction Trail Riders Fellowship v. Hampshire County Council ([2019]...
Langford v. The Secretary of State for Defence: Upholding Equality in Armed Forces Benefits for Unmarried Partners

Langford v. The Secretary of State for Defence: Upholding Equality in Armed Forces Benefits for Unmarried Partners

Date: Jul 18, 2019
Langford v. The Secretary of State for Defence: Upholding Equality in Armed Forces Benefits for Unmarried Partners Introduction Case: Langford v. The Secretary of State for Defence ([2019] EWCA Civ...
Interrelationship Between the MCA and MHA in Deprivation of Liberty: Birmingham City Council v. SR Commentary

Interrelationship Between the MCA and MHA in Deprivation of Liberty: Birmingham City Council v. SR Commentary

Date: Jul 18, 2019
Interrelationship Between the Mental Capacity Act and Mental Health Act in Authorising Deprivation of Liberty: Commentary on Birmingham City Council v. SR ([2019] EWCOP 28) Introduction Birmingham...
Capacity to Consent to Sexual Relations: Insights from London Borough of Tower Hamlets v. NB [2019] EWCOP 27

Capacity to Consent to Sexual Relations: Insights from London Borough of Tower Hamlets v. NB [2019] EWCOP 27

Date: Jul 17, 2019
Capacity to Consent to Sexual Relations: Insights from London Borough of Tower Hamlets v. NB [2019] EWCOP 27 Introduction The case of London Borough of Tower Hamlets v. NB ([2019] EWCOP 27) presented...
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