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  • Commentaries

England and Wales Case Commentaries

Assetco Plc v. Grant Thornton UK LLP: Enhanced Interest Rates and Cost Implications under CPR Part 36

Assetco Plc v. Grant Thornton UK LLP: Enhanced Interest Rates and Cost Implications under CPR Part 36

Date: Feb 23, 2019
Assetco Plc v. Grant Thornton UK LLP: Enhanced Interest Rates and Cost Implications under CPR Part 36 Introduction Assetco Plc v. Grant Thornton UK LLP ([2019] EWHC 592 (Comm)) is a significant...
Security for Costs in Cross-Border Litigation: Pipia v. BGEO Group Ltd [2019] EWHC 325 (Comm)

Security for Costs in Cross-Border Litigation: Pipia v. BGEO Group Ltd [2019] EWHC 325 (Comm)

Date: Feb 23, 2019
Security for Costs in Cross-Border Litigation: Pipia v. BGEO Group Ltd [2019] EWHC 325 (Comm) Introduction The case of Pipia v. BGEO Group Ltd ([2019] EWHC 325 (Comm)) was adjudicated in the England...
A (Capacity: Social Media and Internet Use: Best Interests) Commentary

A (Capacity: Social Media and Internet Use: Best Interests) Commentary

Date: Feb 22, 2019
A (Capacity: Social Media and Internet Use: Best Interests) ([2019] EWCOP 2) - Comprehensive Commentary Introduction The case A (Capacity: Social Media and Internet Use: Best Interests) ([2019] EWCOP...
Re B [2019] EWCOP 3: Establishing Capacity to Use Social Media

Re B [2019] EWCOP 3: Establishing Capacity to Use Social Media

Date: Feb 22, 2019
Re B [2019] EWCOP 3: Establishing Capacity to Use Social Media Introduction The case of Re B (Capacity: Social Media: Care and Contact) [2019] EWCOP 3, adjudicated by the England and Wales Court of...
AS (Afghanistan) v. Secretary of State for the Home Department [2019] EWCA Civ 208: Clarifying Tribunal Correction Jurisdiction

AS (Afghanistan) v. Secretary of State for the Home Department [2019] EWCA Civ 208: Clarifying Tribunal Correction Jurisdiction

Date: Feb 22, 2019
Clarifying Tribunal Correction Jurisdiction: AS (Afghanistan) v. Secretary of State for the Home Department [2019] EWCA Civ 208 Introduction The case AS (Afghanistan) v. Secretary of State for the...
Contract Termination and Insolvency Tests: Perkier Foods Ltd v Halo Foods Ltd

Contract Termination and Insolvency Tests: Perkier Foods Ltd v Halo Foods Ltd

Date: Feb 22, 2019
Contract Termination and Insolvency Tests: Perkier Foods Ltd v Halo Foods Ltd Introduction The case of Perkier Foods Ltd v Halo Foods Ltd ([2019] EWHC 292 (QB)) revolves around the complexities of...
Establishing the Quincecare Duty of Care: A Comprehensive Analysis of The Federal Republic of Nigeria v. JP Morgan Chase Bank, NA ([2019] EWHC 347 (Comm))

Establishing the Quincecare Duty of Care: A Comprehensive Analysis of The Federal Republic of Nigeria v. JP Morgan Chase Bank, NA ([2019] EWHC 347 (Comm))

Date: Feb 22, 2019
Establishing the Quincecare Duty of Care: A Comprehensive Analysis of The Federal Republic of Nigeria v. JP Morgan Chase Bank, NA ([2019] EWHC 347 (Comm)) Introduction The case of The Federal...
Upholding the Balance of Probabilities in Child Sexual Abuse Cases: Commentary on Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206

Upholding the Balance of Probabilities in Child Sexual Abuse Cases: Commentary on Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206

Date: Feb 22, 2019
Upholding the Balance of Probabilities in Child Sexual Abuse Cases: Commentary on Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206 Introduction The case of Y and E (Children)...
Scope of Release Agreements in Tortious Claims: Elite Property Holdings Ltd v Barclays Bank Plc

Scope of Release Agreements in Tortious Claims: Elite Property Holdings Ltd v Barclays Bank Plc

Date: Feb 22, 2019
Scope of Release Agreements in Tortious Claims: Elite Property Holdings Ltd v Barclays Bank Plc Introduction The case of Elite Property Holdings Ltd & Anor v. Barclays Bank Plc ([2019] EWCA Civ 204)...
Enforcing Immediate Payment Obligations Before Initiating 'True Value' Adjudication: Insights from M Davenport Builders Ltd v. Greer & Anor

Enforcing Immediate Payment Obligations Before Initiating 'True Value' Adjudication: Insights from M Davenport Builders Ltd v. Greer & Anor

Date: Feb 21, 2019
Enforcing Immediate Payment Obligations Before Initiating 'True Value' Adjudication: Insights from M Davenport Builders Ltd v. Greer & Anor Introduction The case of M Davenport Builders Ltd v. Greer...
Reusch v Canary Wharf: Lease Frustration in the Context of Brexit

Reusch v Canary Wharf: Lease Frustration in the Context of Brexit

Date: Feb 21, 2019
Reusch v Canary Wharf (BP4) T1 Ltd & Ors: Lease Frustration in the Context of Brexit Introduction The case of Reusch v Canary Wharf (BP4) T1 Ltd & Ors ([2019] EWHC 335 (Ch)) before the England and...
KK (Sri Lanka) v. Secretary of State: Establishing Principles for Departing from Country Guidance in Asylum and Article 3 ECHR Cases

KK (Sri Lanka) v. Secretary of State: Establishing Principles for Departing from Country Guidance in Asylum and Article 3 ECHR Cases

Date: Feb 20, 2019
KK (Sri Lanka) v. Secretary of State: Establishing Principles for Departing from Country Guidance in Asylum and Article 3 ECHR Cases Introduction In the landmark case of KK (Sri Lanka) v. Secretary...
Defining 'Proceedings' under LASPO Order and Solicitor's Lien Waiver in Cross-Border Liquidation: Candey Ltd v. Crumpler & Anor

Defining 'Proceedings' under LASPO Order and Solicitor's Lien Waiver in Cross-Border Liquidation: Candey Ltd v. Crumpler & Anor

Date: Feb 16, 2019
Defining 'Proceedings' under LASPO Order and Solicitor's Lien Waiver in Cross-Border Liquidation: Candey Ltd v. Crumpler & Anor 1. Introduction The case of Candey Ltd v. Crumpler & Anor (Liquidators...
Asturion Fondation v. Alibrahim: Defining the Bounds of Warehousing Proceedings

Asturion Fondation v. Alibrahim: Defining the Bounds of Warehousing Proceedings

Date: Feb 16, 2019
Asturion Fondation v. Alibrahim: Defining the Bounds of Warehousing Proceedings Introduction The case of Asturion Fondation v. Alibrahim ([2019] EWHC 274 (Ch)) adjudicated by the England and Wales...
Stobart v Tinkler: No ‘Freelance’ Directors, Voidable (Not Void) Improper‑Purpose Acts, and a Board’s Power to Remove a Director Even After AGM Election

Stobart v Tinkler: No ‘Freelance’ Directors, Voidable (Not Void) Improper‑Purpose Acts, and a Board’s Power to Remove a Director Even After AGM Election

Date: Feb 16, 2019
Stobart v Tinkler: No ‘Freelance’ Directors, Voidable (Not Void) Improper‑Purpose Acts, and a Board’s Power to Remove a Director Even After AGM Election Introduction In Stobart Group Ltd v Tinkler...
Khan v Meadows: Defining the Scope of Duty in Wrongful Birth Claims

Khan v Meadows: Defining the Scope of Duty in Wrongful Birth Claims

Date: Feb 16, 2019
Khan v Meadows: Defining the Scope of Duty in Wrongful Birth Claims Introduction Khan v Meadows ([2019] EWCA Civ 152) is a landmark decision by the England and Wales Court of Appeal that addresses...
Greenstein v. Campaign Against Antisemitism: Defining Defamation in the Context of Allegations of Anti-Semitism

Greenstein v. Campaign Against Antisemitism: Defining Defamation in the Context of Allegations of Anti-Semitism

Date: Feb 16, 2019
Greenstein v. Campaign Against Antisemitism: Defining Defamation in the Context of Allegations of Anti-Semitism Introduction The case Greenstein v. Campaign Against Antisemitism ([2019] EWHC 281...
Duty to Notify Wider Family in Child Care and Adoption Proceedings: Analysis of H [2019] EWFC 10

Duty to Notify Wider Family in Child Care and Adoption Proceedings: Analysis of H [2019] EWFC 10

Date: Feb 15, 2019
Duty to Notify Wider Family in Child Care and Adoption Proceedings: Analysis of H [2019] EWFC 10 Introduction The case of Re H (Care and Adoption: Assessment of Wider Family) [2019] EWFC 10 before...
Court of Appeal Reinforces Rigorous Scrutiny of Asylum Claim Credibility: SB (Sri Lanka) v. SSHD [2019] EWCA Civ 160

Court of Appeal Reinforces Rigorous Scrutiny of Asylum Claim Credibility: SB (Sri Lanka) v. SSHD [2019] EWCA Civ 160

Date: Feb 15, 2019
Court of Appeal Reinforces Rigorous Scrutiny of Asylum Claim Credibility: SB (Sri Lanka) v. SSHD [2019] EWCA Civ 160 Introduction The case of SB (Sri Lanka) v. The Secretary of State for the Home...
Reaffirmed Principles on 'Failure to Protect' Findings in Child Protection Cases: L-W Children ([2019] EWCA Civ 159)

Reaffirmed Principles on 'Failure to Protect' Findings in Child Protection Cases: L-W Children ([2019] EWCA Civ 159)

Date: Feb 15, 2019
Reaffirmed Principles on 'Failure to Protect' Findings in Child Protection Cases: L-W Children ([2019] EWCA Civ 159) Introduction The case of L-W Children ([2019] EWCA Civ 159) before the England and...
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