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  • Commentaries

United Kingdom Case Commentaries

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...
Supreme Court Establishes Time Bar for Post-Discharge Misdelivery Claims under Hague Visby Rules

Supreme Court Establishes Time Bar for Post-Discharge Misdelivery Claims under Hague Visby Rules

Date: Nov 14, 2024
Supreme Court Establishes Time Bar for Post-Discharge Misdelivery Claims under Hague Visby Rules Introduction In the landmark case of Fimbank Plc v KCH Shipping Co Ltd ([2024] UKSC 38), the United...
Supreme Court Establishes Strict Necessity Test for Suspending Public Inquiries under the Inquiries Act 2005

Supreme Court Establishes Strict Necessity Test for Suspending Public Inquiries under the Inquiries Act 2005

Date: Oct 31, 2024
Supreme Court Establishes Strict Necessity Test for Suspending Public Inquiries under the Inquiries Act 2005 Introduction In the landmark case of JR222, Re Application for Judicial Review (Northern...
Oakwood Solicitors Ltd v Menzies: Redefining 'Payment' in Solicitors' Cost Assessments

Oakwood Solicitors Ltd v Menzies: Redefining 'Payment' in Solicitors' Cost Assessments

Date: Oct 24, 2024
Oakwood Solicitors Ltd v Menzies: Redefining 'Payment' in Solicitors' Cost Assessments Introduction Oakwood Solicitors Ltd v Menzies ([2024] UKSC 34) is a landmark decision by the United Kingdom...
Tindall v Chief Constable of Thames Valley Police: Clarifying Police Duty of Care in Negligence

Tindall v Chief Constable of Thames Valley Police: Clarifying Police Duty of Care in Negligence

Date: Oct 24, 2024
Tindall v Chief Constable of Thames Valley Police: Clarifying Police Duty of Care in Negligence Introduction In the landmark case of Tindall & Anor v Chief Constable of Thames Valley Police ([2024]...
Supreme Court Upholds Primacy of Child Welfare in Immigration Decisions under Section 55 and Article 8

Supreme Court Upholds Primacy of Child Welfare in Immigration Decisions under Section 55 and Article 8

Date: Oct 24, 2024
Supreme Court Upholds Primacy of Child Welfare in Immigration Decisions under Section 55 and Article 8 Introduction The case of CAO v Secretary of State for the Home Department (Northern Ireland)...
McAleenon v. UK Supreme Court: Clarifying the Scope of Judicial Review in Regulatory Oversight

McAleenon v. UK Supreme Court: Clarifying the Scope of Judicial Review in Regulatory Oversight

Date: Oct 17, 2024
McAleenon v. UK Supreme Court: Clarifying the Scope of Judicial Review in Regulatory Oversight Introduction In the case of McAleenon, Re Application for Judicial Review (Northern Ireland) ([2024]...
Affirming the English Court’s Jurisdiction to Enforce Arbitration Agreements with Foreign Seats: UniCredit v RusChemAlliance

Affirming the English Court’s Jurisdiction to Enforce Arbitration Agreements with Foreign Seats: UniCredit v RusChemAlliance

Date: Sep 19, 2024
Affirming the English Court’s Jurisdiction to Enforce Arbitration Agreements with Foreign Seats: UniCredit v RusChemAlliance Introduction The case of UniCredit Bank GmbH v RusChemAlliance LLC ([2024]...
Supreme Court Establishes Employment Status for Part-Time Referees in PGMOL v Revenue and Customs

Supreme Court Establishes Employment Status for Part-Time Referees in PGMOL v Revenue and Customs

Date: Sep 17, 2024
Supreme Court Establishes Employment Status for Part-Time Referees in PGMOL v Revenue and Customs Introduction The case of Revenue and Customs v Professional Game Match Officials Ltd ([2024] UKSC 29)...
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