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  • Commentaries

England and Wales Case Commentaries

High Court Establishes 3m² Personal Space Standard for Extradition under ECHR Article 3

High Court Establishes 3m² Personal Space Standard for Extradition under ECHR Article 3

Date: Jul 13, 2018
High Court Establishes 3m² Personal Space Standard for Extradition under ECHR Article 3 Introduction The case of Shumba & Ors v. Public Prosecutor In Nanterre County Court, France & Ors ([2018] EWHC...
FM Capital Partners Ltd v Marino & Others: High Court Reinforces Strict Liability for Breaches of Fiduciary Duties and Accessory Liability in Secret Commissions

FM Capital Partners Ltd v Marino & Others: High Court Reinforces Strict Liability for Breaches of Fiduciary Duties and Accessory Liability in Secret Commissions

Date: Jul 12, 2018
FM Capital Partners Ltd v Marino & Others: High Court Reinforces Strict Liability for Breaches of Fiduciary Duties and Accessory Liability in Secret Commissions Introduction FM Capital Partners Ltd...
Atha & Co Solicitors v. Liddle: Clarifying the "Brought" Moment in Limitation Periods and the Role of Statement of Value

Atha & Co Solicitors v. Liddle: Clarifying the "Brought" Moment in Limitation Periods and the Role of Statement of Value

Date: Jul 10, 2018
Atha & Co Solicitors v. Liddle: Clarifying the "Brought" Moment in Limitation Periods and the Role of Statement of Value 1. Introduction Atha & Co Solicitors v. Liddle ([2018] EWHC 1751 (QB)) is a...
Establishing Serious Harm in Defamation: Insights from Morgan v. Associated Newspapers Ltd [2018] EWHC 1725 (QB)

Establishing Serious Harm in Defamation: Insights from Morgan v. Associated Newspapers Ltd [2018] EWHC 1725 (QB)

Date: Jul 7, 2018
Establishing Serious Harm in Defamation: Insights from Morgan v. Associated Newspapers Ltd [2018] EWHC 1725 (QB) Introduction Morgan v. Associated Newspapers Ltd is a significant libel case...
Swift v. Carpenter: Upholding Roberts v. Johnstone Damages Approach Amid Negative Discount Rates

Swift v. Carpenter: Upholding Roberts v. Johnstone Damages Approach Amid Negative Discount Rates

Date: Jul 7, 2018
Swift v. Carpenter: Upholding Roberts v. Johnstone Damages Approach Amid Negative Discount Rates Introduction Swift v. Carpenter ([2018] EWHC 2060 (QB)) is a landmark case adjudicated by the England...
Consolidated Developments Ltd v Cooper (2018): Establishing Rigorous Standards for Admitting Fresh Evidence in Trade Mark Appeals

Consolidated Developments Ltd v Cooper (2018): Establishing Rigorous Standards for Admitting Fresh Evidence in Trade Mark Appeals

Date: Jul 7, 2018
Consolidated Developments Ltd v Cooper (2018): Establishing Rigorous Standards for Admitting Fresh Evidence in Trade Mark Appeals Introduction The case of Consolidated Developments Ltd v Cooper...
Permanent Residence in Durable Relationships: Insights from Macastena v. Secretary of State for the Home Department

Permanent Residence in Durable Relationships: Insights from Macastena v. Secretary of State for the Home Department

Date: Jul 6, 2018
Permanent Residence in Durable Relationships: Insights from Macastena v. Secretary of State for the Home Department Introduction The case of Macastena v. Secretary of State for the Home Department...
Proportionality in Contempt Applications for Freezing Order Breaches: Absolute Living Developments Ltd v DS7 Ltd [2018] EWHC 1717 (Ch)

Proportionality in Contempt Applications for Freezing Order Breaches: Absolute Living Developments Ltd v DS7 Ltd [2018] EWHC 1717 (Ch)

Date: Jul 6, 2018
Proportionality in Contempt Applications for Freezing Order Breaches: Absolute Living Developments Ltd v DS7 Ltd [2018] EWHC 1717 (Ch) Introduction The case of Absolute Living Developments Ltd v. DS7...
Establishing Prosecutorial Accountability: Rees & Ors v. Commissioner of Police for the Metropolis ([2018] EWCA Civ 1587)

Establishing Prosecutorial Accountability: Rees & Ors v. Commissioner of Police for the Metropolis ([2018] EWCA Civ 1587)

Date: Jul 6, 2018
Establishing Prosecutorial Accountability: Rees & Ors v. Commissioner of Police for the Metropolis ([2018] EWCA Civ 1587) Introduction The case of Rees & Ors v. Commissioner of Police for the...
Zambrano Derivative Residence: Strict Interpretation by High Court Upholds Immigration Regulations

Zambrano Derivative Residence: Strict Interpretation by High Court Upholds Immigration Regulations

Date: Jul 6, 2018
Zambrano Derivative Residence: Strict Interpretation by High Court Upholds Immigration Regulations Introduction The case XXXX v. SSHD ([2018] EWHC 1707 (Admin)) is a significant judgment delivered by...
Estera Trust (Jersey) Ltd & Anor v. Singh & Ors: Reinforcing Fair Treatment of Minority Shareholders and Fiduciary Duties of Directors

Estera Trust (Jersey) Ltd & Anor v. Singh & Ors: Reinforcing Fair Treatment of Minority Shareholders and Fiduciary Duties of Directors

Date: Jul 6, 2018
Estera Trust (Jersey) Ltd & Anor v. Singh & Ors: Reinforcing Fair Treatment of Minority Shareholders and Fiduciary Duties of Directors Introduction Estera Trust (Jersey) Ltd & Anor v. Singh & Ors...
Clarifying Index-Linked Rent Reviews: Trillium (Prime) Property GP Ltd v. Elmfield Road Ltd

Clarifying Index-Linked Rent Reviews: Trillium (Prime) Property GP Ltd v. Elmfield Road Ltd

Date: Jul 5, 2018
Clarifying Index-Linked Rent Reviews: Trillium (Prime) Property GP Ltd v. Elmfield Road Ltd 1. Introduction Trillium (Prime) Property GP Ltd v. Elmfield Road Ltd ([2018] EWCA Civ 1556) is a landmark...
Establishing Default Interchange Fees as an Article 101(1) Restriction: Insights from Sainsbury's Supermarkets Ltd v Mastercard and Visa

Establishing Default Interchange Fees as an Article 101(1) Restriction: Insights from Sainsbury's Supermarkets Ltd v Mastercard and Visa

Date: Jul 5, 2018
Establishing Default Interchange Fees as an Article 101(1) Restriction: Insights from Sainsbury's Supermarkets Ltd v Mastercard and Visa Introduction The case of Sainsbury's Supermarkets Ltd v...
Affirmation of Exclusionary Rules in Criminal Injuries Compensation Scheme for Applicants with Unspent Convictions

Affirmation of Exclusionary Rules in Criminal Injuries Compensation Scheme for Applicants with Unspent Convictions

Date: Jul 4, 2018
Affirmation of Exclusionary Rules in Criminal Injuries Compensation Scheme for Applicants with Unspent Convictions Introduction The case of A and B v. Criminal Injuries Compensation Authority & Anor...
Network Rail Infrastructure Ltd v. Williams & Anor ([2018] EWCA Civ 1514)

Network Rail Infrastructure Ltd v. Williams & Anor ([2018] EWCA Civ 1514)

Date: Jul 4, 2018
Private Nuisance and Pure Economic Loss: The Precedent Set by Network Rail Infrastructure Ltd v. Williams & Anor ([2018] EWCA Civ 1514) Introduction The case of Network Rail Infrastructure Ltd v....
Fundamental Dishonesty in Personal Injury Claims: Pinkus v Direct Line [2018] EWHC 1671 (QB)

Fundamental Dishonesty in Personal Injury Claims: Pinkus v Direct Line [2018] EWHC 1671 (QB)

Date: Jul 3, 2018
Fundamental Dishonesty in Personal Injury Claims: Pinkus v Direct Line [2018] EWHC 1671 (QB) Introduction The case of Pinkus v. Direct Line ([2018] EWHC 1671 (QB)) was adjudicated in the England and...
Jurisdiction Clauses in Multi-Contract Agreements: Insights from BNP Paribas SA v. Trattamento Rifiuti Metropolitani SPA

Jurisdiction Clauses in Multi-Contract Agreements: Insights from BNP Paribas SA v. Trattamento Rifiuti Metropolitani SPA

Date: Jul 3, 2018
Jurisdiction Clauses in Multi-Contract Agreements: Insights from BNP Paribas SA v. Trattamento Rifiuti Metropolitani SPA Introduction The case of BNP Paribas SA v. Trattamento Rifiuti Metropolitani...
Establishing Effective Service of Proceedings and Subrogation Rights in International State Litigation: EU & Anor v Syrian Arab Republic [2018] EWHC 1712 (Comm)

Establishing Effective Service of Proceedings and Subrogation Rights in International State Litigation: EU & Anor v Syrian Arab Republic [2018] EWHC 1712 (Comm)

Date: Jun 30, 2018
Establishing Effective Service of Proceedings and Subrogation Rights in International State Litigation: EU & Anor v Syrian Arab Republic [2018] EWHC 1712 (Comm) Introduction The case of The European...
Duty of Fairness to Third Parties in Regulatory Publications: Taveta Investments Ltd v. The Financial Reporting Council

Duty of Fairness to Third Parties in Regulatory Publications: Taveta Investments Ltd v. The Financial Reporting Council

Date: Jun 30, 2018
Duty of Fairness to Third Parties in Regulatory Publications: Taveta Investments Ltd v. The Financial Reporting Council Introduction Taveta Investments Ltd v. The Financial Reporting Council & Ors...
Recovery of Input VAT in Exempt Supply Situations: Zipvit Ltd v. Revenue And Customs

Recovery of Input VAT in Exempt Supply Situations: Zipvit Ltd v. Revenue And Customs

Date: Jun 30, 2018
Recovery of Input VAT in Exempt Supply Situations: Zipvit Ltd v. Revenue And Customs Introduction Zipvit Ltd v. Revenue And Customs ([2018] EWCA Civ 1515) is a pivotal case adjudicated by the England...
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