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  • Commentaries

United Kingdom Case Commentaries

The “Arising-From” Test for Incidental Use: Supreme Court Clarifies Section 356LA(3) CTA 2010 in Revenue and Customs v Dolphin Drilling Ltd

The “Arising-From” Test for Incidental Use: Supreme Court Clarifies Section 356LA(3) CTA 2010 in Revenue and Customs v Dolphin Drilling Ltd

Date: Jun 25, 2025
The “Arising-From” Test for Incidental Use: Revenue and Customs v Dolphin Drilling Ltd ([2025] UKSC 24) Introduction In Revenue and Customs v Dolphin Drilling Ltd the United Kingdom Supreme Court...
“Looking Beyond the Checkout”: The Supreme Court Affirms Post-Sale Context as a Stand-Alone Source of Trade-Mark Confusion – Commentary on Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2025] UKSC 25

“Looking Beyond the Checkout”: The Supreme Court Affirms Post-Sale Context as a Stand-Alone Source of Trade-Mark Confusion – Commentary on Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2025] UKSC 25

Date: Jun 25, 2025
“Looking Beyond the Checkout”: The Supreme Court Affirms Post-Sale Context as a Stand-Alone Source of Trade-Mark Confusion Commentary on Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc &...
The “Limited-Weight & Rare-Prediction” Principle:  UKSC settles the role of foreign early-release regimes in Article 8 extradition proportionality tests

The “Limited-Weight & Rare-Prediction” Principle: UKSC settles the role of foreign early-release regimes in Article 8 extradition proportionality tests

Date: Jun 12, 2025
The “Limited-Weight & Rare-Prediction” Principle Andrysiewicz v Circuit Court in Łódź, Poland ([2025] UKSC 23) 1. Introduction The United Kingdom Supreme Court (“UKSC”) has delivered a landmark...
Waller-Edwards v One Savings Bank Plc: The New Bright-Line Test for Hybrid Non-Commercial Loans

Waller-Edwards v One Savings Bank Plc: The New Bright-Line Test for Hybrid Non-Commercial Loans

Date: Jun 9, 2025
“Any Non-Commercial Loan with More Than a De Minimis Surety Element Puts the Lender on Inquiry” — A Commentary on Waller-Edwards v One Savings Bank Plc ([2025] UKSC 22) 1. Introduction In...
Supreme Court Confirms Statutory Right to Wild-Camp on Dartmoor: Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20

Supreme Court Confirms Statutory Right to Wild-Camp on Dartmoor: Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20

Date: May 22, 2025
Supreme Court Confirms Statutory Right to Wild-Camp on Dartmoor: Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20 1. Introduction The United Kingdom Supreme Court has delivered a...
“Payment Triggers Contribution” – The Supreme Court on Accrual of Contribution Claims and the Limits of Building Safety Act Retrospection (URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21)

“Payment Triggers Contribution” – The Supreme Court on Accrual of Contribution Claims and the Limits of Building Safety Act Retrospection (URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21)

Date: May 22, 2025
“Payment Triggers Contribution” – The Supreme Court on Accrual of Contribution Claims and the Limits of Building Safety Act Retrospection Commentary on URS Corporation Ltd v BDW Trading Ltd ([2025]...
“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19

“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19

Date: May 13, 2025
“Reasonable Basis” Review: The Supreme Court Clarifies SIAC’s Role in National-Security Appeals – Commentary on U3 v Secretary of State for the Home Department [2025] UKSC 19 1. Introduction The...
“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986

“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986

Date: May 8, 2025
“Warming Oneself by the Fire of Fraud”: Bilta (UK) Ltd v Tradition Financial Services Ltd and the Extended Reach of Section 213 Insolvency Act 1986 1. Introduction Bilta (UK) Ltd & Ors v Tradition...
Interpretation of Defence Statements is a Question of Fact, Not Law – Commentary on Perry v R [2025] UKSC 17

Interpretation of Defence Statements is a Question of Fact, Not Law – Commentary on Perry v R [2025] UKSC 17

Date: May 1, 2025
“From Law to Fact”: Supreme Court Confirms that Construing a Defence Statement Is Normally a Question of Fact – A Commentary on Perry v R ([2025] UKSC 17) 1. Introduction On 30 April 2025 the United...
Hospital Trusts’ Representative Standing to Protect Clinicians’ Article 8 Rights During the “Initial Phase”: A Commentary on Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15

Hospital Trusts’ Representative Standing to Protect Clinicians’ Article 8 Rights During the “Initial Phase”: A Commentary on Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15

Date: Apr 17, 2025
Hospital Trusts’ Representative Standing to Protect Clinicians’ Article 8 Rights During the “Initial Phase” Commentary on Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15 1....

        Biological Definition of “Sex” under the Equality Act 2010 – 
        Commentary on For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16

Biological Definition of “Sex” under the Equality Act 2010 – Commentary on For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16

Date: Apr 17, 2025
Biological Definition of “Sex” under the Equality Act 2010 Commentary on For Women Scotland Ltd v The Scottish Ministers ([2025] UKSC 16) 1 | Introduction The Supreme Court’s decision in For Women...
“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland

“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland

Date: Apr 10, 2025
“Considering, Not Fulfilling” – The Supreme Court Re-defines the Interim Housing Duty in Scotland 1. Introduction Glasgow City Council v X (Scotland) ([2025] UKSC 13) is a landmark decision on the...
“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...
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