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  • Commentaries

all Case Commentaries

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...
R v Johnstone [2025] EWCA Crim 1470: Targeted Vulnerability, Category 2 Harm, and a Structured Totality Uplift for Concurrent Penetrative Offences

R v Johnstone [2025] EWCA Crim 1470: Targeted Vulnerability, Category 2 Harm, and a Structured Totality Uplift for Concurrent Penetrative Offences

Date: Oct 30, 2025
R v Johnstone [2025] EWCA Crim 1470: Targeted Vulnerability, Category 2 Harm, and a Structured Totality Uplift for Concurrent Penetrative Offences Court: England and Wales Court of Appeal (Criminal...
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...
Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary

Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary

Date: Oct 29, 2025
Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary Introduction In Allied Irish Banks plc v The Dragon’s Head Ltd...
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...
Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker

Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker

Date: Oct 25, 2025
Costs follow the event after consent to certiorari on fair procedures grounds, even absent fault by the decision‑maker Case: Y.A.M v International Protection Appeals Tribunal & Ors [2025] IEHC 596...
Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception (F.A.A. v Minister for Justice [2025] IEHC 614)

Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception (F.A.A. v Minister for Justice [2025] IEHC 614)

Date: Oct 25, 2025
Premature Judicial Review of an Erroneous Deportation Proposal: No Costs and a Narrow Jurisdictional Exception Case Note on F.A.A. v Minister for Justice [2025] IEHC 614 (High Court of Ireland, 24...
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...
IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders

IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders

Date: Oct 24, 2025
IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders Case: H, Re (Final Care Orders at...
No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 — Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347

No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 — Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347

Date: Oct 24, 2025
No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 Commentary on Bellway Homes...
Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed

Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed

Date: Oct 24, 2025
Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed Introduction In Babek International Ltd v Iceland...
Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v IPAT & Minister [2025] IEHC 578

Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v IPAT & Minister [2025] IEHC 578

Date: Oct 24, 2025
Personal Motive Is Not a Convention Nexus; Displacing a Safe‑Country Presumption Does Not Foreclose State Protection: Commentary on N.S. & T.S. v International Protection Appeals Tribunal & Minister...
R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence

R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence

Date: Oct 24, 2025
R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence Court: England and...
Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision

Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision

Date: Oct 24, 2025
Clarifying Costs and Final Remedies in Section 327 Social Welfare Appeals: Order 90 RSC ‘No Costs Unless Special Order’ Applies and the High Court May Restore an Earlier Decision Introduction This...
Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator

Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator

Date: Oct 23, 2025
Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator Court: Appeal Court, High Court of Justiciary (Scotland)...
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