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  • Commentaries

England and Wales Case Commentaries

Emotional Harm as a Determining Factor in Residence Orders: A Comprehensive Analysis of L (A Child) [2019] EWHC 867 (Fam)

Emotional Harm as a Determining Factor in Residence Orders: A Comprehensive Analysis of L (A Child) [2019] EWHC 867 (Fam)

Date: Apr 9, 2019
Emotional Harm as a Determining Factor in Residence Orders L (A Child) [2019] EWHC 867 (Fam) - Comprehensive Commentary Introduction The case of L (A Child) [2019] EWHC 867 (Fam) presents a pivotal...
Schumacher v. Clarke: Establishing Judicial Efficiency in Executor Removal Proceedings

Schumacher v. Clarke: Establishing Judicial Efficiency in Executor Removal Proceedings

Date: Apr 9, 2019
Schumacher v. Clarke: Establishing Judicial Efficiency in Executor Removal Proceedings Introduction Schumacher v. Clarke ([2019] EWHC 1031 (Ch)) is a significant judgment delivered by the Chancery...
Establishing the "Pool of Perpetrators" in Child Protection Cases: Insights from B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575

Establishing the "Pool of Perpetrators" in Child Protection Cases: Insights from B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575

Date: Apr 5, 2019
Establishing the "Pool of Perpetrators" in Child Protection Cases: Insights from B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575 Introduction The case of B (Children: Uncertain Perpetrator)...
Clarifying the Definition of 'Persistent Offender' in Deportation Cases: Binbuga v SSHD [2019] EWCA Civ 551

Clarifying the Definition of 'Persistent Offender' in Deportation Cases: Binbuga v SSHD [2019] EWCA Civ 551

Date: Apr 5, 2019
Clarifying the Definition of 'Persistent Offender' in Deportation Cases Binbuga v Secretary of State for the Home Department ([2019] EWCA Civ 551) Introduction Binbuga v Secretary of State for the...
Authority to Revoke Indefinite Leave to Remain upon Discovery of Fraudulent Evidence: A Commentary on Ullah v. SSHD [2019] EWCA Civ 550

Authority to Revoke Indefinite Leave to Remain upon Discovery of Fraudulent Evidence: A Commentary on Ullah v. SSHD [2019] EWCA Civ 550

Date: Apr 4, 2019
Authority to Revoke Indefinite Leave to Remain upon Discovery of Fraudulent Evidence: A Commentary on Ullah v. SSHD [2019] EWCA Civ 550 Introduction Ullah v. The Secretary of State for the Home...
Herbert v. H H Law Ltd: Clarifying Success Fee Assessments and ATE Insurance Premiums

Herbert v. H H Law Ltd: Clarifying Success Fee Assessments and ATE Insurance Premiums

Date: Apr 4, 2019
Herbert v. H H Law Ltd: Clarifying Success Fee Assessments and ATE Insurance Premiums Introduction The case of Herbert v. H H Law Ltd ([2019] EWCA Civ 527) addresses significant issues concerning the...
Judicial Scrutiny of Injunctions Against Persons Unknown: Boyd & Anor v. Ineos Upstream Ltd & Ors

Judicial Scrutiny of Injunctions Against Persons Unknown: Boyd & Anor v. Ineos Upstream Ltd & Ors

Date: Apr 4, 2019
Judicial Scrutiny of Injunctions Against Persons Unknown: Boyd & Anor v. Ineos Upstream Ltd & Ors Introduction Boyd & Anor v. Ineos Upstream Ltd & Ors ([2019] EWCA Civ 515) is a pivotal case...
Expanding the Boundaries: Private Law Remedies in Human Rights Claims – Commentary on BES Commercial Electricity Ltd & Ors v Cheshire West And Chester Borough Council ([2019] EWHC 748 (QB))

Expanding the Boundaries: Private Law Remedies in Human Rights Claims – Commentary on BES Commercial Electricity Ltd & Ors v Cheshire West And Chester Borough Council ([2019] EWHC 748 (QB))

Date: Apr 3, 2019
Expanding the Boundaries: Private Law Remedies in Human Rights Claims – Commentary on BES Commercial Electricity Ltd & Ors v Cheshire West And Chester Borough Council ([2019] EWHC 748 (QB))...
Protection of Child Privacy in Financial Remedy Appeals: Establishing Reporting Restrictions as an Exceptional Measure

Protection of Child Privacy in Financial Remedy Appeals: Establishing Reporting Restrictions as an Exceptional Measure

Date: Apr 3, 2019
Protection of Child Privacy in Financial Remedy Appeals: Establishing Reporting Restrictions as an Exceptional Measure Introduction The case of XW v. XH ([2019] 1 WLR 3757) before the England and...
Reaffirming Solicitor Integrity Standards: Good v SRA and the Rigorous Application of the Ivey Test

Reaffirming Solicitor Integrity Standards: Good v SRA and the Rigorous Application of the Ivey Test

Date: Apr 3, 2019
Reaffirming Solicitor Integrity Standards: Good v SRA and the Rigorous Application of the Ivey Test Introduction The case of Solicitors Regulation Authority v. Good ([2019] EWHC 817 (Admin)) serves...
Discretion in Allowing Late Re-Amendments to Pleadings: Insights from Essex County Council v. UBB Waste (Essex) Ltd ([2019] EWHC 819 (TCC))

Discretion in Allowing Late Re-Amendments to Pleadings: Insights from Essex County Council v. UBB Waste (Essex) Ltd ([2019] EWHC 819 (TCC))

Date: Apr 3, 2019
Discretion in Allowing Late Re-Amendments to Pleadings: Insights from Essex County Council v. UBB Waste (Essex) Ltd ([2019] EWHC 819 (TCC)) Introduction The case of Essex County Council v. UBB Waste...
Application of Section 50 in Complex Estate Administration: Long v Rodman & Ors ([2019] EWHC 753 (Ch))

Application of Section 50 in Complex Estate Administration: Long v Rodman & Ors ([2019] EWHC 753 (Ch))

Date: Mar 30, 2019
Application of Section 50 in Complex Estate Administration: Long v Rodman & Ors ([2019] EWHC 753 (Ch)) Introduction Long v Rodman & Ors ([2019] EWHC 753 (Ch)) is a seminal case adjudicated by the...
McKendrick v. The Financial Conduct Authority: Comprehensive Legal Commentary

McKendrick v. The Financial Conduct Authority: Comprehensive Legal Commentary

Date: Mar 29, 2019
McKendrick v. The Financial Conduct Authority ([2019] EWCA Civ 524): Comprehensive Legal Commentary Introduction The case of McKendrick v. The Financial Conduct Authority (FCA) ([2019] EWCA Civ 524)...
Clarifying 'Fugitive' Status and Oppressive Extradition Under the Extradition Act 2003: Versluis v. The Public Prosecutor's Office In Zwolle-Lelystad

Clarifying 'Fugitive' Status and Oppressive Extradition Under the Extradition Act 2003: Versluis v. The Public Prosecutor's Office In Zwolle-Lelystad

Date: Mar 29, 2019
Clarifying 'Fugitive' Status and Oppressive Extradition Under the Extradition Act 2003: Versluis v. The Public Prosecutor's Office In Zwolle-Lelystad Introduction In the case of Versluis v. The...
Enforceable Obligations in Escrow Account Agreements: Merthyr (South Wales) Ltd v Merthyr Tydfil County Borough Council

Enforceable Obligations in Escrow Account Agreements: Merthyr (South Wales) Ltd v Merthyr Tydfil County Borough Council

Date: Mar 29, 2019
Enforceable Obligations in Escrow Account Agreements: Merthyr (South Wales) Ltd v Merthyr Tydfil County Borough Council Introduction The case of Merthyr (South Wales) Ltd (FKA Blackstone (South...
Abuse of Process in Repetitive Litigation: Insights from Harbour Castle Ltd v. DWHL (2019) EWCA Civ 505

Abuse of Process in Repetitive Litigation: Insights from Harbour Castle Ltd v. DWHL (2019) EWCA Civ 505

Date: Mar 28, 2019
Abuse of Process in Repetitive Litigation: Insights from Harbour Castle Ltd v. David Wilson Homes Ltd (2019) EWCA Civ 505 Introduction Harbour Castle Ltd v. David Wilson Homes Ltd ([2019] EWCA Civ...
Clarifying Partial Discontinuance under CPR Rule 38: Insights from Galazi & Anor v. Christoforou & Ors [2019] EWHC 670 (Ch)

Clarifying Partial Discontinuance under CPR Rule 38: Insights from Galazi & Anor v. Christoforou & Ors [2019] EWHC 670 (Ch)

Date: Mar 27, 2019
Clarifying Partial Discontinuance under CPR Rule 38: Insights from Galazi & Anor v. Christoforou & Ors ([2019] EWHC 670 (Ch)) Introduction Galazi & Anor v. Christoforou & Ors ([2019] EWHC 670 (Ch))...
Cathay Pacific v Lufthansa Technik: Affirming the Judiciary’s Discretion to Award Costs in Foreign Currency

Cathay Pacific v Lufthansa Technik: Affirming the Judiciary’s Discretion to Award Costs in Foreign Currency

Date: Mar 26, 2019
Cathay Pacific v Lufthansa Technik: Affirming the Judiciary’s Discretion to Award Costs in Foreign Currency Introduction In the case of Cathay Pacific Airlines Ltd v. Lufthansa Technik AG ([2019]...
Strengthening Enforcement of Foreign Arbitral Awards: Insights from ArcelorMittal USA LLC v. Essar Steel Ltd [2019] EWHC 724 (Comm)

Strengthening Enforcement of Foreign Arbitral Awards: Insights from ArcelorMittal USA LLC v. Essar Steel Ltd [2019] EWHC 724 (Comm)

Date: Mar 26, 2019
Strengthening Enforcement of Foreign Arbitral Awards: Insights from ArcelorMittal USA LLC v. Essar Steel Ltd [2019] EWHC 724 (Comm) Introduction The case ArcelorMittal USA LLC v. Essar Steel Ltd...
Decree Nisi as Voidable under Matrimonial Causes Act 1973: M v. P ([2019] EWFC 14)

Decree Nisi as Voidable under Matrimonial Causes Act 1973: M v. P ([2019] EWFC 14)

Date: Mar 23, 2019
Decree Nisi as Voidable under Matrimonial Causes Act 1973: M v. P ([2019] EWFC 14) Introduction The case of M v. P ([2019] EWFC 14) heard in the England and Wales Family Court by High Court Judges,...
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