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  • Commentaries

United Kingdom Case Commentaries

“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Flaminia [2025] UKSC 14)

“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Flaminia [2025] UKSC 14)

Date: Apr 10, 2025
“Inside Claims” and the Charterer’s Shield: Supreme Court Confirms Charterers May Limit Liability to Owners for Owners’ Own Losses (MSC Mediterranean Shipping Co SA v Conti 11 Container...
Non-Compliance with Section 8(1) of the Criminal Appeal Act 1968 Does Not Invalidate Crown Court Retrials

Non-Compliance with Section 8(1) of the Criminal Appeal Act 1968 Does Not Invalidate Crown Court Retrials

Date: Apr 4, 2025
Non-Compliance with Section 8(1) of the Criminal Appeal Act 1968 Does Not Invalidate Crown Court Retrials 1. Introduction In the seminal case of Layden, R. v ([2025] UKSC 12), the United Kingdom...
Supreme Court Endorses Local Authority Power to Restrict Voting in Planning Decisions

Supreme Court Endorses Local Authority Power to Restrict Voting in Planning Decisions

Date: Mar 27, 2025
Supreme Court Endorses Local Authority Power to Restrict Voting in Planning Decisions 1. Introduction In The Spitalfields Historic Building Trust, R. (on the application of) v London Borough of Tower...
Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits

Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits

Date: Mar 21, 2025
Supreme Court Reaffirms Strict Approach to Disgorgement of Post-Termination Fiduciary Profits 1. Introduction In Rukhadze & Ors v Recovery Partners GP Ltd & Anor ([2025] UKSC 10), the United Kingdom...
Appellate Courts’ Duty to Consider State Immunity Even in the Absence of the Foreign State

Appellate Courts’ Duty to Consider State Immunity Even in the Absence of the Foreign State

Date: Mar 11, 2025
Appellate Courts’ Duty to Consider State Immunity Even in the Absence of the Foreign State Introduction In The Royal Embassy of Saudi Arabia (Cultural Bureau) v Costantine ([2025] UKSC 9), the United...
Acknowledging Legislatures’ Wide Margin of Appreciation in Rehabilitation of Offenders Schemes

Acknowledging Legislatures’ Wide Margin of Appreciation in Rehabilitation of Offenders Schemes

Date: Mar 11, 2025
Acknowledging Legislatures’ Wide Margin of Appreciation in Rehabilitation of Offenders Schemes 1. Introduction This commentary examines the United Kingdom Supreme Court’s decision in JR123, Re...
Clarifying the Retroactive Effect of British Citizenship Deprivation Orders

Clarifying the Retroactive Effect of British Citizenship Deprivation Orders

Date: Feb 27, 2025
Clarifying the Retroactive Effect of British Citizenship Deprivation Orders 1. Introduction This landmark ruling in N3 v Secretary of State for the Home Department [2025] UKSC 6 addresses critical...
Supreme Court Clarifies the Adverse Possession “Boundary Condition” Under the Land Registration Act 2002

Supreme Court Clarifies the Adverse Possession “Boundary Condition” Under the Land Registration Act 2002

Date: Feb 27, 2025
Supreme Court Clarifies the Adverse Possession “Boundary Condition” Under the Land Registration Act 2002 1. Introduction In Brown v Ridley & Anor (Rev1) ([2025] UKSC 7), the Supreme Court of the...
Excluding Declaratory Judgments from the Doctrine of Merger: Nasir v Zavarco Plc ([2025] UKSC 5)

Excluding Declaratory Judgments from the Doctrine of Merger: Nasir v Zavarco Plc ([2025] UKSC 5)

Date: Feb 20, 2025
Excluding Declaratory Judgments from the Doctrine of Merger: Nasir v Zavarco Plc ([2025] UKSC 5) 1. Introduction In Nasir v Zavarco Plc ([2025] UKSC 5), the United Kingdom Supreme Court confronted...
Supreme Court Broadens Scope of Section 423 IA 1986: Debtor Need Not Directly Own the Transferred Asset

Supreme Court Broadens Scope of Section 423 IA 1986: Debtor Need Not Directly Own the Transferred Asset

Date: Feb 20, 2025
Supreme Court Broadens Scope of Section 423 IA 1986: Debtor Need Not Directly Own the Transferred Asset Introduction In El-Husseiny & Anor v Invest Bank PSC ([2025] UKSC 4), the United Kingdom...
“Extended Scope of ‘Immovable Property’ in Double Taxation Treaties”—A Commentary on Royal Bank of Canada v HMRC ([2025] UKSC 2)

“Extended Scope of ‘Immovable Property’ in Double Taxation Treaties”—A Commentary on Royal Bank of Canada v HMRC ([2025] UKSC 2)

Date: Feb 13, 2025
Introduction The case of Royal Bank of Canada v Commissioners for His Majesty’s Revenue and Customs ([2025] UKSC 2) involves a detailed analysis of Article 6(2) of the UK–Canada Double Taxation...
Clarifying the Territorial Scope of “Conduct” under Section 137 of the Extradition Act 2003

Clarifying the Territorial Scope of “Conduct” under Section 137 of the Extradition Act 2003

Date: Feb 13, 2025
Clarifying the Territorial Scope of “Conduct” under Section 137 of the Extradition Act 2003 Introduction The Supreme Court’s decision in El-Khouri v Government of the United States of America ([2025]...
The Supreme Court Defines the Limits of Habeas Corpus in Care Proceedings

The Supreme Court Defines the Limits of Habeas Corpus in Care Proceedings

Date: Jan 30, 2025
The Supreme Court Defines the Limits of Habeas Corpus in Care Proceedings 1. Introduction In The Father v Worcestershire County Council ([2025] UKSC 1), the United Kingdom Supreme Court addressed...
Exclusion of Success Fees in Inheritance Provision Orders: Hirachand v Hirachand & Anor [2024] UKSC 43

Exclusion of Success Fees in Inheritance Provision Orders: Hirachand v Hirachand & Anor [2024] UKSC 43

Date: Dec 19, 2024
Exclusion of Success Fees in Inheritance Provision Orders: Hirachand v Hirachand & Anor [2024] UKSC 43 Introduction The case of Hirachand v Hirachand & Anor ([2024] UKSC 43) addresses a pivotal issue...
Frenkel v LA Micro Group (UK) Ltd & Ors: Clarifying the Scope of Vendor-Purchaser Constructive Trusts in Personal Property

Frenkel v LA Micro Group (UK) Ltd & Ors: Clarifying the Scope of Vendor-Purchaser Constructive Trusts in Personal Property

Date: Dec 13, 2024
Frenkel v LA Micro Group (UK) Ltd & Ors: Clarifying the Scope of Vendor-Purchaser Constructive Trusts in Personal Property Introduction Frenkel v LA Micro Group (UK) Ltd & Ors ([2024] UKSC 42) is a...
Enforceability of Check-Off Terms by Trade Unions Confirmed under the Contracts (Rights of Third Parties) Act 1999

Enforceability of Check-Off Terms by Trade Unions Confirmed under the Contracts (Rights of Third Parties) Act 1999

Date: Nov 21, 2024
Enforceability of Check-Off Terms by Trade Unions Confirmed under the Contracts (Rights of Third Parties) Act 1999 Introduction The case of Secretary of State for the Department for Environment, Food...
Reaffirmation of the Immovables Rule in Foreign Bankruptcy Proceedings: Kireeva v Bedzhamov

Reaffirmation of the Immovables Rule in Foreign Bankruptcy Proceedings: Kireeva v Bedzhamov

Date: Nov 21, 2024
Reaffirmation of the Immovables Rule in Foreign Bankruptcy Proceedings: Kireeva v Bedzhamov Introduction The Supreme Court of the United Kingdom, in the landmark case of Kireeva v Bedzhamov ([2024]...
Supreme Court Sets New Precedent on Capital Allowances under Enterprise Zone Contracts

Supreme Court Sets New Precedent on Capital Allowances under Enterprise Zone Contracts

Date: Nov 21, 2024
Supreme Court Sets New Precedent on Capital Allowances under Enterprise Zone Contracts Introduction The landmark case of Cobalt Data Centre 2 LLP & Anor v Revenue and Customs ([2024] UKSC 40) before...
Impact of the Withdrawal Agreement on EU Trade Mark Jurisdiction: SkyKick UK Ltd v Sky Ltd & Ors [2024] UKSC 36

Impact of the Withdrawal Agreement on EU Trade Mark Jurisdiction: SkyKick UK Ltd v Sky Ltd & Ors [2024] UKSC 36

Date: Nov 14, 2024
Impact of the Withdrawal Agreement on EU Trade Mark Jurisdiction: SkyKick UK Ltd v Sky Ltd & Ors [2024] UKSC 36 Introduction The case of SkyKick UK Ltd & Anor v Sky Ltd & Ors ([2024] UKSC 36)...
Supreme Court Sets Precedent on Rectifying Collective Agreements Incorporated into Employment Contracts

Supreme Court Sets Precedent on Rectifying Collective Agreements Incorporated into Employment Contracts

Date: Nov 14, 2024
Supreme Court Sets Precedent on Rectifying Collective Agreements Incorporated into Employment Contracts Introduction The case of National Union of Rail, Maritime and Transport Workers & Anor v Tyne...
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