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  • Commentaries

admissibility-of-extrinsic-evidence-in-will-interpretation:-o& Case Commentaries

Ambulatory Defined Terms and Deferred Consideration: Court of Appeal holds that “reduction/release” of a Zone of Influence—not mere permission—triggers payment; rectification requires a proved outward accord (Westfield Park Ltd v Harworth Estates Investments Ltd [2025] EWCA Civ 1374)

Ambulatory Defined Terms and Deferred Consideration: Court of Appeal holds that “reduction/release” of a Zone of Influence—not mere permission—triggers payment; rectification requires a proved outward accord (Westfield Park Ltd v Harworth Estates Investments Ltd [2025] EWCA Civ 1374)

Date: Nov 1, 2025
Ambulatory Defined Terms and Deferred Consideration: “Reduction/Release” of a Zone of Influence—not Mere Permission—Triggers Payment; Rectification Requires a Proved Outward Accord Introduction In...
Consequences, Not Formalism: Return-Date Omission Not Fatal to Parliamentary Election Petitions; Retrospective Validation of Service Under CPR 6.15(2) Permitted — Commentary on Moore v Royal Mail Group Ltd & Ors [2025] EWCA Civ 1378

Consequences, Not Formalism: Return-Date Omission Not Fatal to Parliamentary Election Petitions; Retrospective Validation of Service Under CPR 6.15(2) Permitted — Commentary on Moore v Royal Mail Group Ltd & Ors [2025] EWCA Civ 1378

Date: Nov 1, 2025
Consequences, Not Formalism: Return-Date Omission Not Fatal to Parliamentary Election Petitions; Retrospective Validation of Service Under CPR 6.15(2) Permitted Case: Moore v Royal Mail Group Ltd &...
Re D (Threshold Findings and Final Orders at IRH): No “Deemed Proof” of Threshold — Court of Appeal mandates express s.31(2) findings and adequate reasons; Standard Form Orders para 148 to be reviewed

Re D (Threshold Findings and Final Orders at IRH): No “Deemed Proof” of Threshold — Court of Appeal mandates express s.31(2) findings and adequate reasons; Standard Form Orders para 148 to be reviewed

Date: Nov 1, 2025
Re D (Threshold Findings and Final Orders at IRH): No “Deemed Proof” of Threshold — Court of Appeal mandates express s.31(2) findings and adequate reasons; Standard Form Orders para 148 to be...
R v BVA [2025] EWCA Crim 1359: Covert filming integral to the sexual act can vitiate consent under section 74 SOA 2003

R v BVA [2025] EWCA Crim 1359: Covert filming integral to the sexual act can vitiate consent under section 74 SOA 2003

Date: Oct 30, 2025
R v BVA [2025] EWCA Crim 1359: Covert filming integral to the sexual act can vitiate consent under section 74 SOA 2003 Court: Court of Appeal (Criminal Division), 29 October 2025 Introduction This...
Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360: Schedules of Loss cannot expand the pleadings; in agreed no‑cost remediation cases only residual “blight” is potentially recoverable

Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360: Schedules of Loss cannot expand the pleadings; in agreed no‑cost remediation cases only residual “blight” is potentially recoverable

Date: Oct 30, 2025
Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360: Schedules of Loss cannot expand the pleadings; in agreed no‑cost remediation cases only residual “blight” is potentially recoverable Introduction This...
From Tick‑Boxes to Evidence: Court of Appeal clarifies COBS 3.5 assessments and requires the FOS to consider contributory negligence where client misstatements enable access to high‑risk CFD strategies

From Tick‑Boxes to Evidence: Court of Appeal clarifies COBS 3.5 assessments and requires the FOS to consider contributory negligence where client misstatements enable access to high‑risk CFD strategies

Date: Oct 30, 2025
From Tick‑Boxes to Evidence: Court of Appeal clarifies COBS 3.5 assessments and requires the FOS to consider contributory negligence where client misstatements enable access to high‑risk CFD...
K‑H (Children) (Care Orders: Proportionality): Proven Facts, Not Suspicions — Re‑centering Risk and Proportionality in Public Law Care Decisions

K‑H (Children) (Care Orders: Proportionality): Proven Facts, Not Suspicions — Re‑centering Risk and Proportionality in Public Law Care Decisions

Date: Oct 30, 2025
K‑H (Children) (Care Orders: Proportionality): Proven Facts, Not Suspicions — Re‑centering Risk and Proportionality in Public Law Care Decisions Citation: [2025] EWCA Civ 1368 Court: Court of Appeal...
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...
Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition (Gavenaite v Lord Advocate)

Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition (Gavenaite v Lord Advocate)

Date: Oct 30, 2025
Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition Case: Appeal under section 26 of the...
No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

Date: Oct 30, 2025
No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561 Court: High Court of...
Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Date: Oct 30, 2025
Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation...
Abuse of Process Precludes Public‑Interest Costs Relief: Commentary on Browne v Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553

Abuse of Process Precludes Public‑Interest Costs Relief: Commentary on Browne v Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553

Date: Oct 29, 2025
Abuse of Process Precludes Public‑Interest Costs Relief: Browne v The Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553 Introduction This High Court costs judgment, delivered by...
NCL v R: Balanced Summing-Up and Safeguarded s.34 CJPOA Directions as Pre-conditions to Fairness

NCL v R: Balanced Summing-Up and Safeguarded s.34 CJPOA Directions as Pre-conditions to Fairness

Date: Oct 29, 2025
NCL v R: Balanced Summing-Up and Safeguarded s.34 CJPOA Directions as Pre-conditions to Fairness Citation: [2025] EWCA Crim 1352 Court: England and Wales Court of Appeal (Criminal Division) Judgment...
F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes

F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes

Date: Oct 28, 2025
F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes Introduction In F against F and A [2025] CSOH 99, Lord Stuart (Outer...
Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point — Commentary on R v Bukhari & Ors [2025] EWCA Crim 1353

Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point — Commentary on R v Bukhari & Ors [2025] EWCA Crim 1353

Date: Oct 28, 2025
Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point Introduction This commentary...
Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357

Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357

Date: Oct 28, 2025
Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357 Court: Court of Appeal (Civil Division), England and Wales Date: 27...
Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements (London Borough of Enfield v A [2025] EWCA Civ 1355)

Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements (London Borough of Enfield v A [2025] EWCA Civ 1355)

Date: Oct 28, 2025
Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements Case: London Borough of Enfield v A [2025]...
Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake — Commentary on Hinkel v Gheissari & Anor [2025] EWCA Civ 1351

Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake — Commentary on Hinkel v Gheissari & Anor [2025] EWCA Civ 1351

Date: Oct 28, 2025
Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake Case: Hinkel v Gheissari & Anor [2025] EWCA Civ 1351 (Court of...
Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles

Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles

Date: Oct 28, 2025
Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles Introduction In AFA & Ors, R (on the application of) v Secretary of State for...
Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability (Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ 1340)

Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability (Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ 1340)

Date: Oct 24, 2025
Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability Case: Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ...
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