Commentaries

all Case Commentaries

Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46

Date: Oct 23, 2025

Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46 Introduction In TH v His Majesty’s Advocate [2025] HCJAC 46,...

The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency”

Date: Oct 23, 2025

The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency” Case: Process & Industrial Developments Ltd v The Federal...

Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions

Date: Oct 23, 2025

Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions Introduction This Supreme Court...

R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside Extended Sentences

Date: Oct 23, 2025

R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside...

New Latitude in AIE Statutory Appeals and the “Moldova Effect” on AIE Fees: High Court Refers Post‑MOP Question to the CJEU

Date: Oct 23, 2025

New Latitude in AIE Statutory Appeals and the “Moldova Effect” on AIE Fees: High Court Refers Post‑MOP Question to the CJEU Introduction This commentary examines the High Court of Ireland’s decision...

Post‑Kirwan Strike-Out and Five‑Year Inactivity: High Court consolidates Order 19 (2023) powers to dismiss dormant mortgage litigation and vacate lis pendens

Date: Oct 23, 2025

Post‑Kirwan Strike-Out and Five‑Year Inactivity: High Court consolidates Order 19 (2023) powers to dismiss dormant mortgage litigation and vacate lis pendens Introduction In Cullen v Start Mortgages...

High Court clarifies that individuals cannot mount freestanding transposition challenges; a three‑step standing test under s.87(10) EPA Act and the limits of actio popularis in environmental judicial review

Date: Oct 22, 2025

High Court clarifies that individuals cannot mount freestanding transposition challenges; a three‑step standing test under s.87(10) EPA Act and the limits of actio popularis in environmental judicial...

Old Plan Policies Survive during s.31 Draft Direction where they 'Correspond' to the New Plan; Court Sets Six-Factor Test for Declaratory Relief and Reaffirms Harmless-Error Discretion in Renewable Energy Consents

Date: Oct 22, 2025

Old Plan Policies Survive during s.31 Draft Direction where they 'Correspond' to the New Plan; Court Sets Six-Factor Test for Declaratory Relief and Reaffirms Harmless-Error Discretion in Renewable...

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490

Date: Oct 22, 2025

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490 Introduction In O’Dwyer v The Revenue...

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data

Date: Oct 22, 2025

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data Introduction In McNamara [Deceased] v The Revenue...

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders

Date: Oct 22, 2025

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders Introduction This commentary examines the England and Wales Court of...

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts

Date: Oct 22, 2025

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts Introduction This...

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying

Date: Oct 22, 2025

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying Case: Bencik & Anor v Hilltop...

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified in SAG v Governing Body of Winchmore School [2025] EWCA Civ 1335

Date: Oct 22, 2025

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified Case: SAG, R (On the...

Onuzi v SSHD: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to naturalisation

Date: Oct 22, 2025

Onuzi v Secretary of State for the Home Department [2025] EWCA Civ 1337: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to...

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme

Date: Oct 22, 2025

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme...

JK [2025] EWCA Civ 1309 — Local authorities may use the parens patriae jurisdiction to secure a British child’s return from a non‑Contracting State notwithstanding an intention to issue care proceedings (Re M “sufficiently compelling” test affirmed; FLA 1986 largely irrelevant)

Date: Oct 22, 2025

JK [2025] EWCA Civ 1309: Local authorities can secure a British child’s return under the inherent jurisdiction even where care proceedings are intended; Family Law Act 1986 largely irrelevant to...

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO

Date: Oct 22, 2025

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO Introduction This commentary examines the Court of Appeal’s judgment in...

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items

Date: Oct 22, 2025

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items Introduction This Court of Appeal decision...

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel

Date: Oct 22, 2025

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel...

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