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  • Commentaries

affirmation-of-& Case Commentaries

No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018

No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018

Date: May 23, 2025
No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018 1. Introduction AY, a child with additional learning needs (“ALN”), challenged the Vale of Glamorgan County...
The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

Date: May 23, 2025
The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces Introduction Doran v Residential Tenancies Board [2025] IEHC 290 is a High Court decision delivered by...
Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions

Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions

Date: May 23, 2025
Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions Introduction Bunyan (Valuation Officer) v Fridays Ltd ([2025] EWCA Civ 666) is an appeal concerning the scope of...
Clarifying “Leading Role”, Totality and Unlawful Maximums in Multi-Count Drug Importation: Commentary on Terry, R. v ([2025] EWCA Crim 726)

Clarifying “Leading Role”, Totality and Unlawful Maximums in Multi-Count Drug Importation: Commentary on Terry, R. v ([2025] EWCA Crim 726)

Date: May 23, 2025
Clarifying “Leading Role”, Totality and Unlawful Maximums in Multi-Count Drug Importation: Commentary on Terry, R. v ([2025] EWCA Crim 726) 1. Introduction Anthony Terry, a prolific class-A drug...
Talukder Guideline: Weighting Concurrent Sentences and Using Section-8 Benchmarks for Section-10 Offences Against Children Under 13

Talukder Guideline: Weighting Concurrent Sentences and Using Section-8 Benchmarks for Section-10 Offences Against Children Under 13

Date: May 23, 2025
Talukder Guideline: Weighting Concurrent Sentences and Using Section-8 Benchmarks for Section-10 Offences Against Children Under 13 Introduction Case: Talukder, R. v [2025] EWCA Crim 725 Court:...
Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Date: May 23, 2025
Material Change and Forum Competence in Article 15 Jurisdiction Transfers Introduction This commentary reviews the decision of the Scottish Court of Session in Brechin v LO & EO ([2025] CSIH 15),...
Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions

Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions

Date: May 23, 2025
Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions Introduction This commentary examines the Court of...
R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold

R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold

Date: May 23, 2025
R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold Introduction In Thomas, R. v ([2025] EWCA Crim 718) the Court of Appeal (Criminal Division) revisited the...
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Date: May 22, 2025
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases Introduction This commentary examines the decision of the Scottish High Court of Justiciary...
The Costin Discretion: Court of Appeal Confirms No Mandatory Credit for Lost Parole Opportunity of IPP Prisoners

The Costin Discretion: Court of Appeal Confirms No Mandatory Credit for Lost Parole Opportunity of IPP Prisoners

Date: May 22, 2025
The Costin Discretion: Court of Appeal Confirms No Mandatory Credit for Lost Parole Opportunity of IPP Prisoners 1. Introduction Costin, R. v ([2025] EWCA Crim 729) is a significant Court of Appeal...
Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages

Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages

Date: May 22, 2025
Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages Introduction BSV Claims Ltd v Bittylicious Ltd & Ors ([2025] EWCA Civ 661) is a landmark...
Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Date: May 22, 2025
Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle Introduction In MA v RE ([2025] IEHC 341), Ms. Justice Nuala Jackson was asked, at an...
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...
Child’s Best Interests Paramount in Non-Convention Summary Return: Re O [2025] EWCA Civ 660

Child’s Best Interests Paramount in Non-Convention Summary Return: Re O [2025] EWCA Civ 660

Date: May 22, 2025
Child’s Best Interests Paramount in Non-Convention Summary Return: Re O [2025] EWCA Civ 660 Introduction This landmark appeal concerned the mother’s challenge to an order for the summary return of...
Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Date: May 22, 2025
Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings Introduction Minister for Justice and Equality v Puk ([2025] IEHC 295) concerned...
“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]...
Effective-Cause Principle in Part-Time Workers’ Rights: Broader Interpretation of Regulation 5

Effective-Cause Principle in Part-Time Workers’ Rights: Broader Interpretation of Regulation 5

Date: May 21, 2025
Effective-Cause Principle in Part-Time Workers’ Rights: Broader Interpretation of Regulation 5 Introduction Augustine v Data Cars Ltd ([2025] EWCA Civ 658) is a Court of Appeal decision concerning...
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Date: May 21, 2025
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards Introduction This commentary examines the Court of Session’s decision in Tracy McFadyean v...
Natural Justice Exception to Finality of UT Decisions: Scope and Application of Section 11A(4)(c)(ii) in Judicial Review

Natural Justice Exception to Finality of UT Decisions: Scope and Application of Section 11A(4)(c)(ii) in Judicial Review

Date: May 21, 2025
Natural Justice Exception to Finality of UT Decisions: Scope and Application of Section 11A(4)(c)(ii) in Judicial Review Introduction Chowdhury R (on the application of) v Secretary of State for the...
Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Date: May 21, 2025
Information-Gathering Resolutions and the Public Service Equality Duty Introduction Simon McLean, a resident of Torry in Aberdeen, uses St Fittick’s Park (“the Park”) for recreation and well-being....
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