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  • Commentaries

England and Wales Case Commentaries

Clarifying the 'Real Risk' Standard in Asylum Law: ME (Sri Lanka) v. Secretary of State for the Home Department

Clarifying the 'Real Risk' Standard in Asylum Law: ME (Sri Lanka) v. Secretary of State for the Home Department

Date: Jun 29, 2018
Clarifying the 'Real Risk' Standard in Asylum Law: ME (Sri Lanka) v. Secretary of State for the Home Department Introduction The case of ME (Sri Lanka) v. The Secretary of State for the Home...
Clarifying Deprivation of Liberty in Child Care Proceedings: Insights from RD Re [2018] EWFC 47

Clarifying Deprivation of Liberty in Child Care Proceedings: Insights from RD Re [2018] EWFC 47

Date: Jun 29, 2018
Clarifying Deprivation of Liberty in Child Care Proceedings: Insights from RD Re [2018] EWFC 47 Introduction The case of RD (Deprivation or Restriction of Liberty), Re ([2018] EWFC 47) was...
Clarifying Defamation Defences: Morgan v. Associated Newspapers Ltd [2018] EWHC 1850 (QB)

Clarifying Defamation Defences: Morgan v. Associated Newspapers Ltd [2018] EWHC 1850 (QB)

Date: Jun 29, 2018
Clarifying Defamation Defences: Morgan v. Associated Newspapers Ltd [2018] EWHC 1850 (QB) Introduction Morgan v. Associated Newspapers Ltd ([2018] EWHC 1850 (QB)) is a significant case in the realm...
High Court Sets Precedent on Trade Mark Revocation for Non-Use and Relative Invalidity in Walton v. Verweij

High Court Sets Precedent on Trade Mark Revocation for Non-Use and Relative Invalidity in Walton v. Verweij

Date: Jun 29, 2018
High Court Sets Precedent on Trade Mark Revocation for Non-Use and Relative Invalidity in Walton v. Verweij Introduction Walton International Ltd & Anor v. Verweij Fashion BV ([2018] EWHC 1608 (Ch))...
Procedural Integrity in Permission to Appeal: Insights from Lisle-Mainwaring v. Associated Newspapers Ltd

Procedural Integrity in Permission to Appeal: Insights from Lisle-Mainwaring v. Associated Newspapers Ltd

Date: Jun 28, 2018
Procedural Integrity in Permission to Appeal: Insights from Lisle-Mainwaring v. Associated Newspapers Ltd 1. Introduction The case Lisle-Mainwaring v. Associated Newspapers Ltd ([2018] WLR 4766) was...
CBO Proportionality and Procedural Safeguards: Analysis of Khan v. Regina

CBO Proportionality and Procedural Safeguards: Analysis of Khan v. Regina

Date: Jun 28, 2018
CBO Proportionality and Procedural Safeguards: Analysis of Khan v. Regina Introduction Khan v. Regina ([2018] WLR(D) 399) is a landmark case adjudicated by the England and Wales Court of Appeal...
Clarifying Interpretation of Local Planning Policies: Canterbury City Council v. SSCLG & Anor ([2018] EWHC 1611 (Admin))

Clarifying Interpretation of Local Planning Policies: Canterbury City Council v. SSCLG & Anor ([2018] EWHC 1611 (Admin))

Date: Jun 27, 2018
Clarifying Interpretation of Local Planning Policies: Canterbury City Council v. SSCLG & Anor ([2018] EWHC 1611 (Admin)) 1. Introduction The case of Canterbury City Council v. SSCLG & Anor ([2018]...
The Scope of the Rule Against Reflective Loss: Implications from Garcia v Marex Financial Ltd [2018] EWCA Civ 1468

The Scope of the Rule Against Reflective Loss: Implications from Garcia v Marex Financial Ltd [2018] EWCA Civ 1468

Date: Jun 27, 2018
The Scope of the Rule Against Reflective Loss: Implications from Garcia v Marex Financial Ltd [2018] EWCA Civ 1468 Introduction Garcia v. Marex Financial Ltd ([2018] EWCA Civ 1468) is a pivotal case...
Jurisdiction under Arbitration Clauses: Insights from China Export & Credit Insurance Corporation v. Emerald Energy Resources Ltd [2018] EWHC 1503 (Comm)

Jurisdiction under Arbitration Clauses: Insights from China Export & Credit Insurance Corporation v. Emerald Energy Resources Ltd [2018] EWHC 1503 (Comm)

Date: Jun 23, 2018
Jurisdiction under Arbitration Clauses: Insights from China Export & Credit Insurance Corporation v. Emerald Energy Resources Ltd [2018] EWHC 1503 (Comm) Introduction The case of China Export &...
Elan-Cane v Secretary of State for the Home Department: Recognition of Non-Gendered Identity in UK Passports

Elan-Cane v Secretary of State for the Home Department: Recognition of Non-Gendered Identity in UK Passports

Date: Jun 23, 2018
Elan-Cane v Secretary of State for the Home Department: Recognition of Non-Gendered Identity in UK Passports Introduction The case of Elan-Cane v Secretary of State for the Home Department [2018]...
Ensuring Transparency and Adequate Reasoning in Public Procurement: Lancashire Care NHS Foundation Trust v Lancashire County Council ([2018] EWHC 1589 (TCC))

Ensuring Transparency and Adequate Reasoning in Public Procurement: Lancashire Care NHS Foundation Trust v Lancashire County Council ([2018] EWHC 1589 (TCC))

Date: Jun 23, 2018
Ensuring Transparency and Adequate Reasoning in Public Procurement: Lancashire Care NHS Foundation Trust v Lancashire County Council ([2018] EWHC 1589 (TCC)) Introduction The case of Lancashire Care...
Kilraine v. London Borough of Wandsworth: Clarifying Protected Disclosures under Section 43B ERA

Kilraine v. London Borough of Wandsworth: Clarifying Protected Disclosures under Section 43B ERA

Date: Jun 22, 2018
Kilraine v. London Borough of Wandsworth: Clarifying Protected Disclosures under Section 43B ERA Introduction Kilraine v. London Borough of Wandsworth ([2018] WLR(D) 382) is a landmark decision by...
Establishing the Strict Threshold for "Insurmountable Obstacles" in UK Immigration Law: Kaur v Secretary of State for the Home Department

Establishing the Strict Threshold for "Insurmountable Obstacles" in UK Immigration Law: Kaur v Secretary of State for the Home Department

Date: Jun 22, 2018
Establishing the Strict Threshold for "Insurmountable Obstacles" in UK Immigration Law: Kaur v Secretary of State for the Home Department ([2018] EWCA Civ 1423) Introduction Kaur, R (on the...
Gempride Ltd v. Bamrah & Anor: Upholding Agency Principles and the Scope of Unreasonable Conduct under CPR Rule 44.11

Gempride Ltd v. Bamrah & Anor: Upholding Agency Principles and the Scope of Unreasonable Conduct under CPR Rule 44.11

Date: Jun 22, 2018
Gempride Ltd v. Bamrah & Anor: Upholding Agency Principles and the Scope of Unreasonable Conduct under CPR Rule 44.11 Introduction The case of Gempride Ltd v. Bamrah & Anor ([2018] EWCA Civ 1367)...
Effective Protection of Article 8 Rights in Automated Deportation: QR (Pakistan) v. The Secretary of State for the Home Department

Effective Protection of Article 8 Rights in Automated Deportation: QR (Pakistan) v. The Secretary of State for the Home Department

Date: Jun 22, 2018
Effective Protection of Article 8 Rights in Automated Deportation: QR (Pakistan) v. The Secretary of State for the Home Department Introduction In the landmark case of QR (Pakistan) v. The Secretary...
Public Sector Equality Duty in Planning Permissions: Buckley v Bath and North East Somerset Council [2018]

Public Sector Equality Duty in Planning Permissions: Buckley v Bath and North East Somerset Council [2018]

Date: Jun 21, 2018
Public Sector Equality Duty in Planning Permissions: Buckley v Bath and North East Somerset Council [2018] Introduction The case of Buckley v Bath and North East Somerset Council & Anor ([2018] EWHC...
Defining 'Seized Property' in Electronic Data Seizures: Insights from Business Energy Solutions Ltd v Crown Court at Preston

Defining 'Seized Property' in Electronic Data Seizures: Insights from Business Energy Solutions Ltd v Crown Court at Preston

Date: Jun 20, 2018
Defining 'Seized Property' in Electronic Data Seizures: Insights from Business Energy Solutions Ltd & Anor v. Crown Court at Preston & Anor ([2018] EWHC 1534 (Admin)) Introduction Business Energy...
European Arrest Warrant Extends to Hearings for Activation of Suspended Sentences: Murin v. District Court In Prague

European Arrest Warrant Extends to Hearings for Activation of Suspended Sentences: Murin v. District Court In Prague

Date: Jun 20, 2018
European Arrest Warrant Extends to Hearings for Activation of Suspended Sentences: Murin v. District Court In Prague Introduction Murin v. District Court In Prague ([2018] WLR(D) 558) is a landmark...
Exclusion of Liability for Misrepresentation under the Misrepresentation Act 1967: An Analysis of First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd ([2018] EWCA Civ 1396)

Exclusion of Liability for Misrepresentation under the Misrepresentation Act 1967: An Analysis of First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd ([2018] EWCA Civ 1396)

Date: Jun 20, 2018
Exclusion of Liability for Misrepresentation under the Misrepresentation Act 1967: An Analysis of First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd ([2018] EWCA Civ 1396)...
Extensive Exculpatory Effect of Exclusion Clauses in English-Governed Global Custody Agreements Confirmed: National Bank of Kazakhstan v. BNY Mellon

Extensive Exculpatory Effect of Exclusion Clauses in English-Governed Global Custody Agreements Confirmed: National Bank of Kazakhstan v. BNY Mellon

Date: Jun 20, 2018
Extensive Exculpatory Effect of Exclusion Clauses in English-Governed Global Custody Agreements Confirmed: National Bank of Kazakhstan v. BNY Mellon Introduction In the case of National Bank of...
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