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  • Commentaries

England and Wales Case Commentaries

Reinforcing Anti-Suit Injunctions for Breaches of Arbitration Clauses: Insights from Nori Holdings Ltd v. Bank Otkritie

Reinforcing Anti-Suit Injunctions for Breaches of Arbitration Clauses: Insights from Nori Holdings Ltd v. Bank Otkritie

Date: Jun 7, 2018
Reinforcing Anti-Suit Injunctions for Breaches of Arbitration Clauses: Insights from Nori Holdings Ltd v. Bank Otkritie Introduction The case of Nori Holdings Ltd & Ors v. Public Joint-Stock Company...
Doctrine of Common Mistake and Risk Allocation in Commercial Leases: Triple Seven Msn 27251 Ltd & Anor v Azman Air Services Ltd [2018] EWHC 1348 (Comm)

Doctrine of Common Mistake and Risk Allocation in Commercial Leases: Triple Seven Msn 27251 Ltd & Anor v Azman Air Services Ltd [2018] EWHC 1348 (Comm)

Date: Jun 6, 2018
Doctrine of Common Mistake and Risk Allocation in Commercial Leases: Triple Seven Msn 27251 Ltd & Anor v Azman Air Services Ltd [2018] EWHC 1348 (Comm) Introduction The case of Triple Seven Msn 27251...
NHS England Upholds Consultation and Guidance Procedures in Homeopathy Prescription Case

NHS England Upholds Consultation and Guidance Procedures in Homeopathy Prescription Case

Date: Jun 6, 2018
NHS England Upholds Consultation and Guidance Procedures in Homeopathy Prescription Case Introduction The case of British Homeopathic Association, R (On the Application Of) v. National Health Service...
Redefining Success in Group Litigation Costs: Insights from Sirketi v. Kupeli & Ors ([2018] EWCA Civ 1264)

Redefining Success in Group Litigation Costs: Insights from Sirketi v. Kupeli & Ors ([2018] EWCA Civ 1264)

Date: Jun 1, 2018
Redefining Success in Group Litigation Costs: Insights from Sirketi v. Kupeli & Ors ([2018] EWCA Civ 1264) Introduction The case of Sirketi v. Kupeli & Ors ([2018] EWCA Civ 1264) adjudicated by the...
Sabbagh v. Khoury & Ors: Establishing Boundaries of Arbitration Clauses in Family-Owned Enterprises

Sabbagh v. Khoury & Ors: Establishing Boundaries of Arbitration Clauses in Family-Owned Enterprises

Date: Jun 1, 2018
Sabbagh v. Khoury & Ors: Establishing Boundaries of Arbitration Clauses in Family-Owned Enterprises Introduction The case of Sabbagh v. Khoury & Ors ([2018] EWHC 1330 (Comm)) revolves around a family...
Enforcement of Child Arrangements Orders: Procedural Safeguards Established in CH v. CT ([2018] EWHC 1310 (Fam))

Enforcement of Child Arrangements Orders: Procedural Safeguards Established in CH v. CT ([2018] EWHC 1310 (Fam))

Date: May 26, 2018
Enforcement of Child Arrangements Orders: Procedural Safeguards Established in CH v. CT ([2018] EWHC 1310 (Fam)) Introduction The case of CH v. CT ([2018] EWHC 1310 (Fam)) adjudicated by the England...
Establishing the Threshold for 'Very Compelling Circumstances' in Deportation Cases of Foreign Criminals

Establishing the Threshold for 'Very Compelling Circumstances' in Deportation Cases of Foreign Criminals

Date: May 26, 2018
Establishing the Threshold for 'Very Compelling Circumstances' in Deportation Cases of Foreign Criminals Introduction The case of Secretary of State for the Home Department v. Garzon ([2018] EWCA Civ...
Balancing BIIa and the 1980 Hague Convention: Insights from S (Abduction) [2018] WLR(D) 321

Balancing BIIa and the 1980 Hague Convention: Insights from S (Abduction) [2018] WLR(D) 321

Date: May 26, 2018
Balancing BIIa and the 1980 Hague Convention: Insights from S (Abduction) [2018] WLR(D) 321 Introduction The case of S (Abduction: Hague Convention Or BIIa) ([2018] WLR(D) 321) adjudicated by the...
Protecting Legitimate Claims in Liquidation: Security for Costs in Absolute Living Developments Ltd v. DS7 Ltd

Protecting Legitimate Claims in Liquidation: Security for Costs in Absolute Living Developments Ltd v. DS7 Ltd

Date: May 25, 2018
Protecting Legitimate Claims in Liquidation: Security for Costs in Absolute Living Developments Ltd v. DS7 Ltd Introduction The case of Absolute Living Developments Ltd v. DS7 Ltd & Ors ([2018] EWHC...
Fundamental Dishonesty in Personal Injury Claims: Molodi v. Cambridge Vibration Maintenance Service & Anor

Fundamental Dishonesty in Personal Injury Claims: Molodi v. Cambridge Vibration Maintenance Service & Anor

Date: May 25, 2018
Fundamental Dishonesty in Personal Injury Claims: Molodi v. Cambridge Vibration Maintenance Service & Anor ([2018] EWHC 1288 (QB)) Introduction The case of Molodi v. Cambridge Vibration Maintenance...
Affirmation of Narrow Interpretation of 'Fact Relevant to the Plaintiff's Right of Action' under Section 32 of the Limitation Act 1980: Kimathi & Ors v. FCO [2018] EWHC 1169 (QB)

Affirmation of Narrow Interpretation of 'Fact Relevant to the Plaintiff's Right of Action' under Section 32 of the Limitation Act 1980: Kimathi & Ors v. FCO [2018] EWHC 1169 (QB)

Date: May 25, 2018
Affirmation of Narrow Interpretation of 'Fact Relevant to the Plaintiff's Right of Action' under Section 32 of the Limitation Act 1980: Kimathi & Ors v. FCO [2018] EWHC 1169 (QB) Introduction Kimathi...
Unite the Union v. Nailard: Clarifying Union Liability for Agents under the Equality Act 2010

Unite the Union v. Nailard: Clarifying Union Liability for Agents under the Equality Act 2010

Date: May 25, 2018
Unite the Union v. Nailard: Clarifying Union Liability for Agents under the Equality Act 2010 Introduction Unite the Union v. Nailard ([2018] EWCA Civ 1203) is a pivotal case adjudicated by the...
Sube & Anor v News Group Newspapers Ltd & Anor [2018]: Revisiting the 'Serious Harm' Threshold in Defamation under the Defamation Act 2013

Sube & Anor v News Group Newspapers Ltd & Anor [2018]: Revisiting the 'Serious Harm' Threshold in Defamation under the Defamation Act 2013

Date: May 25, 2018
Sube & Anor v News Group Newspapers Ltd & Anor [2018]: Revisiting the 'Serious Harm' Threshold in Defamation under the Defamation Act 2013 Introduction The case of Sube & Anor v News Group Newspapers...
Summary Judgment and Reflective Loss: Insights from St Vincent European General Partner Ltd v. Robinson & Ors ([2018] EWHC 1230 (Comm))

Summary Judgment and Reflective Loss: Insights from St Vincent European General Partner Ltd v. Robinson & Ors ([2018] EWHC 1230 (Comm))

Date: May 25, 2018
Summary Judgment and Reflective Loss: Insights from St Vincent European General Partner Ltd v. Robinson & Ors ([2018] EWHC 1230 (Comm)) Introduction The case of St Vincent European General Partner...
Clarifying the Threshold for Novus Actus Interveniens: The Court of Appeal's Decision in Clay v. TUI UK Ltd

Clarifying the Threshold for Novus Actus Interveniens: The Court of Appeal's Decision in Clay v. TUI UK Ltd

Date: May 24, 2018
Clarifying the Threshold for Novus Actus Interveniens: The Court of Appeal's Decision in Clay v. TUI UK Ltd Introduction The case of Philip Clay v. TUI UK Ltd ([2018] EWCA Civ 1177) presents a...
Assessment of Non-Obviousness in Philips v AsusTek: A Landmark Decision on Patent Validity in Mobile Communications

Assessment of Non-Obviousness in Philips v AsusTek: A Landmark Decision on Patent Validity in Mobile Communications

Date: May 24, 2018
Assessment of Non-Obviousness in Philips v AsusTek: A Landmark Decision on Patent Validity in Mobile Communications Introduction The case of Koninklijke Philips NV v. AsusTek Computer Incorporation &...
Duty of Candour in Private Prosecutions: Insights from Kay v Leeds Magistrates' Court

Duty of Candour in Private Prosecutions: Insights from Kay v Leeds Magistrates' Court

Date: May 24, 2018
Duty of Candour in Private Prosecutions: Insights from Kay v Leeds Magistrates' Court Introduction The case of Kay & Anor vs. Leeds Magistrates' Court & Anor ([2018] EWHC 1233 (Admin)) serves as a...
Haworth v HMRC: Affirming the Application of Smallwood Principles in Follower Notice Regime

Haworth v HMRC: Affirming the Application of Smallwood Principles in Follower Notice Regime

Date: May 24, 2018
Haworth v HM Revenue and Customs: Affirming the Application of Smallwood Principles in Follower Notice Regime Introduction The case of Haworth, R (On the Application Of) v. Revenue And Customs...
Interpretation of "Actual Use" for Community Value Listings under the Localism Act 2011: Banner Homes Ltd v. St Albans City and District Council

Interpretation of "Actual Use" for Community Value Listings under the Localism Act 2011: Banner Homes Ltd v. St Albans City and District Council

Date: May 24, 2018
Interpretation of "Actual Use" for Community Value Listings under the Localism Act 2011: Banner Homes Ltd v. St Albans City and District Council Introduction Banner Homes Ltd v. St Albans City and...
Defining 'Substantial Purpose' in Transaction Claims under Section 423 of the Insolvency Act 1986

Defining 'Substantial Purpose' in Transaction Claims under Section 423 of the Insolvency Act 1986

Date: May 23, 2018
Defining 'Substantial Purpose' in Transaction Claims under Section 423 of the Insolvency Act 1986 Introduction The case of JSC BTA Bank v. Ablyazov & Anor ([2018] EWCA Civ 1176) adjudicated by the...
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