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  • Commentaries

United Kingdom Case Commentaries

Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49

Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49

Date: Dec 19, 2025
Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49 1. Introduction In Secretary of...
Evans v Barclays: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings

Evans v Barclays: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings

Date: Dec 19, 2025
Evans v Barclays Bank Plc & Ors [2025] UKSC 48: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings 1. Introduction This Supreme Court decision is now a leading...
Ministerial Primacy and De Novo Wiley Balancing in Inquests: Commentary on Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47

Ministerial Primacy and De Novo Wiley Balancing in Inquests: Commentary on Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47

Date: Dec 18, 2025
Ministerial Primacy and De Novo Wiley Balancing in Inquests: Commentary on Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47 1. Introduction This decision of the United...
Revenue and Customs v Hotel La Tour Ltd: Input VAT on Exempt Fundraising Share Sales and the Limits of VAT Grouping

Revenue and Customs v Hotel La Tour Ltd: Input VAT on Exempt Fundraising Share Sales and the Limits of VAT Grouping

Date: Dec 18, 2025
Revenue and Customs v Hotel La Tour Ltd: Input VAT on Exempt Fundraising Share Sales and the Limits of VAT Grouping Case: Revenue and Customs v Hotel La Tour Ltd [2025] UKSC 46 Court: United Kingdom...
Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Date: Dec 12, 2025
Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44 1. Introduction This Supreme Court decision addresses a novel and sensitive...
Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Date: Dec 11, 2025
Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011 1. Introduction In Veale & Ors v Scottish Power...
Mitchell v Al Jaber (No 2): Fiduciary Liability of Post‑Liquidation “Intermeddler” Directors, Unpaid Vendor’s Liens and Equitable Compensation

Mitchell v Al Jaber (No 2): Fiduciary Liability of Post‑Liquidation “Intermeddler” Directors, Unpaid Vendor’s Liens and Equitable Compensation

Date: Nov 25, 2025
Mitchell & Anor v Sheikh Mohamed Bin Issa Al Jaber (No 2) [2025] UKSC 43: Fiduciary Liability of Post‑Liquidation “Intermeddler” Directors, Unpaid Vendor’s Liens and Equitable Compensation 1....
Correctness before Comity: Cross‑Jurisdictional Precedent, Article 14 Status and the Contributory Principle in Jwanczuk v Secretary of State [2025] UKSC 42

Correctness before Comity: Cross‑Jurisdictional Precedent, Article 14 Status and the Contributory Principle in Jwanczuk v Secretary of State [2025] UKSC 42

Date: Nov 22, 2025
Correctness before Comity: Cross‑Jurisdictional Precedent, Article 14 Status and the Contributory Principle in Jwanczuk v Secretary of State [2025] UKSC 42 1. Introduction The Supreme Court’s...
The Indivisibility Principle: Universal Credit’s Child Element and EU “Family Benefits” – Commentary on Simkova v Secretary of State for Work and Pensions [2025] UKSC 41

The Indivisibility Principle: Universal Credit’s Child Element and EU “Family Benefits” – Commentary on Simkova v Secretary of State for Work and Pensions [2025] UKSC 41

Date: Nov 21, 2025
The Indivisibility Principle: Universal Credit’s Child Element and EU “Family Benefits” Commentary on Simkova v Secretary of State for Work and Pensions [2025] UKSC 41, United Kingdom Supreme Court,...
JR87 v Department of Education: Indoctrinating Religious Education, Burdensome Opt‑Outs and Children’s Independent A2P1 Rights

JR87 v Department of Education: Indoctrinating Religious Education, Burdensome Opt‑Outs and Children’s Independent A2P1 Rights

Date: Nov 21, 2025
JR87 v Department of Education: Indoctrinating Religious Education, Burdensome Opt‑Outs and Children’s Independent A2P1 Rights 1. Introduction This Supreme Court judgment, JR87, Re Application for...
“No Deemed Fulfilment” in English Law: UK Supreme Court rejects Mackay v Dick as a rule of law and confirms Saleform deposits accrue only when express preconditions are satisfied

“No Deemed Fulfilment” in English Law: UK Supreme Court rejects Mackay v Dick as a rule of law and confirms Saleform deposits accrue only when express preconditions are satisfied

Date: Nov 14, 2025
“No Deemed Fulfilment” in English Law: UK Supreme Court rejects Mackay v Dick as a rule of law and confirms Saleform deposits accrue only when express preconditions are satisfied Introduction In King...
Recalibrating Collateral and Sexual History Evidence in Scottish Sexual Offence Trials: Article 6 Requires a Nuanced s 275 Balancing Approach (Daly v HMA & Keir v HMA) [2025] UKSC 38

Recalibrating Collateral and Sexual History Evidence in Scottish Sexual Offence Trials: Article 6 Requires a Nuanced s 275 Balancing Approach (Daly v HMA & Keir v HMA) [2025] UKSC 38

Date: Nov 14, 2025
Recalibrating Collateral and Sexual History Evidence in Scottish Sexual Offence Trials: Article 6 Requires a Nuanced s 275 Balancing Approach Case: Daly v His Majesty’s Advocate & Anor (Scotland)...
Only Binding Law Creates a “Special Legal Regime” for Article 13 PVD; Non‑Taxation of NHS Hospital Parking Significantly Distorts Competition

Only Binding Law Creates a “Special Legal Regime” for Article 13 PVD; Non‑Taxation of NHS Hospital Parking Significantly Distorts Competition

Date: Oct 30, 2025
Only Binding Law Creates a “Special Legal Regime” for Article 13 PVD; Non‑Taxation of NHS Hospital Parking Significantly Distorts Competition Introduction In Northumbria Healthcare NHS Foundation...
The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency”

The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency”

Date: Oct 23, 2025
The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency” Case: Process & Industrial Developments Ltd v The Federal...
Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions

Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions

Date: Oct 23, 2025
Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions Introduction This Supreme Court...
Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance

Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance

Date: Sep 12, 2025
Contingent Success Fees Invoiced After Leaving a VAT Group Are Taxable: Article 64 PVD and Regulation 90 Create the Chargeable Event, Not the “Real‑World” Performance Case: The Prudential Assurance...
A Clear Divide – UKSC Restricts the Tort of Bribery to Fiduciary Relationships and Rejects Implied Dealer Loyalty in Motor-Finance Transactions

A Clear Divide – UKSC Restricts the Tort of Bribery to Fiduciary Relationships and Rejects Implied Dealer Loyalty in Motor-Finance Transactions

Date: Aug 4, 2025
A Clear Divide – UK Supreme Court Restricts the Tort of Bribery to Fiduciary Relationships and Rejects Implied Dealer Loyalty in Motor-Finance Transactions Introduction The decision in Hopcraft and...
“From the Furnace, Not the Fence” – Supreme Court Clarifies the Measuring Point for Section 5 of the Cremation Act 1902

“From the Furnace, Not the Fence” – Supreme Court Clarifies the Measuring Point for Section 5 of the Cremation Act 1902

Date: Aug 1, 2025
“From the Furnace, Not the Fence” – Supreme Court Clarifies the Measuring Point for Section 5 of the Cremation Act 1902 Introduction Wathen-Fayed v Secretary of State for Housing, Communities and...
“Wide-Margin Proportionality” – The UKSC’s New Framework for Judicial Scrutiny of Individual Sanctions (Shvidler & Dalston Projects Ltd v Secretaries of State)

“Wide-Margin Proportionality” – The UKSC’s New Framework for Judicial Scrutiny of Individual Sanctions (Shvidler & Dalston Projects Ltd v Secretaries of State)

Date: Jul 30, 2025
“Wide-Margin Proportionality” – The UKSC’s New Framework for Judicial Scrutiny of Individual Sanctions Introduction In Shvidler v Secretary of State for Foreign, Commonwealth & Development Affairs...
No Mandatory Principal Hire Contract: Supreme Court Clarifies Operator Liability under the Local Government (Miscellaneous Provisions) Act 1976

No Mandatory Principal Hire Contract: Supreme Court Clarifies Operator Liability under the Local Government (Miscellaneous Provisions) Act 1976

Date: Jul 30, 2025
No Mandatory Principal Hire Contract: Supreme Court Clarifies Operator Liability under the Local Government (Miscellaneous Provisions) Act 1976 Introduction Delta Merseyside Ltd & Anor v Uber...
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