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  • Commentaries

England and Wales Case Commentaries

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...
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...
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...
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...
Establishing Contextual Integrity in Online Defamation: Insights from Falter v. Altzmon

Establishing Contextual Integrity in Online Defamation: Insights from Falter v. Altzmon

Date: May 23, 2018
Establishing Contextual Integrity in Online Defamation: Insights from Falter v. Altzmon ([2018] EWHC 1728 (QB)) Introduction Falter v. Altzmon is a seminal defamation case adjudicated by the England...
Enforcing Arbitration Agreements through Antisuit Injunctions: Insights from Mobile Telecommunications Company Ltd v. HRH Al Saud (2018)

Enforcing Arbitration Agreements through Antisuit Injunctions: Insights from Mobile Telecommunications Company Ltd v. HRH Al Saud (2018)

Date: May 19, 2018
Enforcing Arbitration Agreements through Antisuit Injunctions: Insights from Mobile Telecommunications Company Ltd v. HRH Al Saud (2018) Introduction The case of Mobile Telecommunications Company Ltd...
Partial Extradition and the Multiple Offences Order: Lewicki v Preliminary Investigation Tribunal of Napoli [2018] EWHC 1160 (Admin)

Partial Extradition and the Multiple Offences Order: Lewicki v Preliminary Investigation Tribunal of Napoli [2018] EWHC 1160 (Admin)

Date: May 19, 2018
Partial Extradition and the Multiple Offences Order: Lewicki v Preliminary Investigation Tribunal of Napoli [2018] EWHC 1160 (Admin) Introduction Lewicki v. Preliminary Investigation Tribunal of...
Clarification on VAT Overpaid Claims: Individual Prescribed Accounting Periods Required

Clarification on VAT Overpaid Claims: Individual Prescribed Accounting Periods Required

Date: May 19, 2018
Clarification on VAT Overpaid Claims: Individual Prescribed Accounting Periods Required 1. Introduction The case of Bratt Autoservices Company Ltd v. HM Revenue and Customs ([2018] EWCA Civ 1106)...
TZ and PG v. Secretary of State: Establishing the Threshold for Article 8 Claims by Precariously Situated Migrants

TZ and PG v. Secretary of State: Establishing the Threshold for Article 8 Claims by Precariously Situated Migrants

Date: May 18, 2018
TZ and PG v. Secretary of State: Establishing the Threshold for Article 8 Claims by Precariously Situated Migrants Introduction The cases of TZ (Pakistan) and PG (India) versus the Secretary of State...
Woodeson v Credit Suisse: Clarifying Set-Off Clauses in Mortgage Mis-Selling Claims

Woodeson v Credit Suisse: Clarifying Set-Off Clauses in Mortgage Mis-Selling Claims

Date: May 18, 2018
Woodeson v Credit Suisse: Clarifying Set-Off Clauses in Mortgage Mis-Selling Claims Introduction Woodeson & Anor v. Credit Suisse (UK) Ltd ([2018] EWCA Civ 1103) is a pivotal case adjudicated by the...
Villiers v. Villiers: Affirming Jurisdiction in Intra-UK Maintenance Claims under EU Regulation

Villiers v. Villiers: Affirming Jurisdiction in Intra-UK Maintenance Claims under EU Regulation

Date: May 18, 2018
Villiers v. Villiers: Affirming Jurisdiction in Intra-UK Maintenance Claims under EU Regulation Introduction Villiers v. Villiers ([2018] WLR(D) 303) is a pivotal judgment rendered by the England and...
Third-Party Cost Liability of Insurers in Group Litigation: Insights from Travelers Insurance Co Ltd v. XYZ ([2018] EWCA Civ 1099)

Third-Party Cost Liability of Insurers in Group Litigation: Insights from Travelers Insurance Co Ltd v. XYZ ([2018] EWCA Civ 1099)

Date: May 18, 2018
Third-Party Cost Liability of Insurers in Group Litigation: Insights from Travelers Insurance Co Ltd v. XYZ ([2018] EWCA Civ 1099) Introduction The case of Travelers Insurance Company Ltd v. XYZ...
Duty of Candour and Co-operation in Judicial Review: Hoareau v. Secretary of State for Foreign and Commonwealth Affairs [2018] EWHC 1508 (Admin)

Duty of Candour and Co-operation in Judicial Review: Hoareau v. Secretary of State for Foreign and Commonwealth Affairs [2018] EWHC 1508 (Admin)

Date: May 17, 2018
Duty of Candour and Co-operation in Judicial Review: Hoareau v. Secretary of State for Foreign and Commonwealth Affairs [2018] EWHC 1508 (Admin) Introduction The case of Hoareau, R (on the...
Proportionate Costs Orders in Mixed Outcome Cases: Analysis of Various Claimants v. WM Morrison Supermarkets Plc [2018] EWHC 1123 (QB)

Proportionate Costs Orders in Mixed Outcome Cases: Analysis of Various Claimants v. WM Morrison Supermarkets Plc [2018] EWHC 1123 (QB)

Date: May 17, 2018
Proportionate Costs Orders in Mixed Outcome Cases: Analysis of Various Claimants v. WM Morrison Supermarkets Plc [2018] EWHC 1123 (QB) Introduction The case of Various Claimants v. WM Morrison...
Enhancing Safeguards in Extradition Cases under Article 3 ECHR: Insights from Jane v. Prosecutor General's Office, Lithuania [2018] EWHC 1122 (Admin)

Enhancing Safeguards in Extradition Cases under Article 3 ECHR: Insights from Jane v. Prosecutor General's Office, Lithuania [2018] EWHC 1122 (Admin)

Date: May 16, 2018
Enhancing Safeguards in Extradition Cases under Article 3 ECHR: Insights from Jane v. Prosecutor General's Office, Lithuania [2018] EWHC 1122 (Admin) Introduction Jane v. Prosecutor General's Office,...
Clarification on 'Qualifying Long Term Agreement' under Section 20ZA(2): Corvan (Properties) Ltd v. Abdel-Mahmoud

Clarification on 'Qualifying Long Term Agreement' under Section 20ZA(2): Corvan (Properties) Ltd v. Abdel-Mahmoud

Date: May 16, 2018
Clarification on 'Qualifying Long Term Agreement' under Section 20ZA(2): Corvan (Properties) Ltd v. Abdel-Mahmoud ([2018] EWCA Civ 1102) Introduction The case of Corvan (Properties) Ltd v....
Deportation of Serious Foreign Criminals: Insights from Mwesezi v. Secretary of State for the Home Department [2018] EWCA Civ 1104

Deportation of Serious Foreign Criminals: Insights from Mwesezi v. Secretary of State for the Home Department [2018] EWCA Civ 1104

Date: May 16, 2018
Deportation of Serious Foreign Criminals: Insights from Mwesezi v. Secretary of State for the Home Department [2018] EWCA Civ 1104 Introduction Mwesezi v. The Secretary of State for the Home...
Temporary Planning Permissions and Children's Best Interests: Insights from Flintshire County Council v. Jayes (2018)

Temporary Planning Permissions and Children's Best Interests: Insights from Flintshire County Council v. Jayes (2018)

Date: May 16, 2018
Temporary Planning Permissions and Children's Best Interests: Insights from Flintshire County Council v. Jayes (2018) Introduction The case of Flintshire County Council v. Jayes, R (On the...
Alternative Service Under CPR 6.15: Insights from Société Générale v. Goldas Kuyumculuk Sanayi Ithalat Ihracat AS & Ors [2018] EWCA Civ 1093

Alternative Service Under CPR 6.15: Insights from Société Générale v. Goldas Kuyumculuk Sanayi Ithalat Ihracat AS & Ors [2018] EWCA Civ 1093

Date: May 16, 2018
Alternative Service Under CPR 6.15: Insights from Société Générale v. Goldas Kuyumculuk Sanayi Ithalat Ihracat AS & Ors [2018] EWCA Civ 1093 Introduction The case of Société Générale v. Goldas...
Discrimination Arising from Disability: City of York Council v Grosset ([2018] EWCA Civ 1105)

Discrimination Arising from Disability: City of York Council v Grosset ([2018] EWCA Civ 1105)

Date: May 16, 2018
Discrimination Arising from Disability: City of York Council v Grosset ([2018] EWCA Civ 1105) Introduction The case of City of York Council v Grosset ([2018] EWCA Civ 1105) addresses significant...
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