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  • Commentaries

compensation-obligations-under-statutory-requisition:-de-keyser& Case Commentaries

Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected

Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected

Date: Sep 10, 2025
Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected Introduction In Browne...
R v Bergstrom [2025] EWCA Crim 1301: Voluntary Desistance Requires a Significant Step‑Two Downward Adjustment Under s.10 Guideline, Balanced by Aggravation and Totality

R v Bergstrom [2025] EWCA Crim 1301: Voluntary Desistance Requires a Significant Step‑Two Downward Adjustment Under s.10 Guideline, Balanced by Aggravation and Totality

Date: Sep 10, 2025
R v Bergstrom [2025] EWCA Crim 1301: Voluntary Desistance Requires a Significant Step‑Two Downward Adjustment Under s.10 Guideline, Balanced by Aggravation and Totality Introduction This commentary...
Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480

Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480

Date: Sep 9, 2025
Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480...
Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged — Commentary on KBC Bank NV v Smith & Ors [2025] IEHC 481

Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged — Commentary on KBC Bank NV v Smith & Ors [2025] IEHC 481

Date: Sep 9, 2025
Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged Introduction This...
Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases

Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases

Date: Sep 8, 2025
Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases Court: Court of Appeal (Criminal Division), England and...
Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office

Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office

Date: Sep 8, 2025
Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office Introduction In Evans v R ([2025] EWCA Crim 1150), the Court of Appeal...
Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections

Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections

Date: Sep 6, 2025
Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections Introduction...
Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84

Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84

Date: Sep 6, 2025
Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84 Citation: SJM v AJD [2025] CSOH 84 (Outer House,...
R v Thorpe [2025] EWCA Crim 1334: Corrosive Substances (s.6 OWA 2019) Sentenced by Analogy with the Bladed/Offensive Weapons Guideline; Recall Time Not a Basis for Sentence Reduction

R v Thorpe [2025] EWCA Crim 1334: Corrosive Substances (s.6 OWA 2019) Sentenced by Analogy with the Bladed/Offensive Weapons Guideline; Recall Time Not a Basis for Sentence Reduction

Date: Sep 6, 2025
R v Thorpe [2025] EWCA Crim 1334: Corrosive Substances (s.6 OWA 2019) Sentenced by Analogy with the Bladed/Offensive Weapons Guideline; Recall Time Not a Basis for Sentence Reduction Introduction In...
The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985

The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985

Date: Sep 6, 2025
The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985 Introduction In Nicola Drummond or...
EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment

EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment

Date: Sep 4, 2025
EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment Introduction This commentary examines the Court of...
Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation

Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation

Date: Sep 4, 2025
Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation Introduction In Somani...
No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220

No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220

Date: Sep 4, 2025
No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220 Introduction This Court of Appeal decision in East Riding of Yorkshire Council...
Implicit Criminal-Proceedings Leverage as “Unambiguous Impropriety”: High Court admits WPSATC correspondence — QPQ Limited v Schute [2025] IEHC 474

Implicit Criminal-Proceedings Leverage as “Unambiguous Impropriety”: High Court admits WPSATC correspondence — QPQ Limited v Schute [2025] IEHC 474

Date: Sep 4, 2025
Implicit Criminal‑Proceedings Leverage as “Unambiguous Impropriety”: High Court Admits WPSATC Correspondence QPQ Limited v Schute (Approved) [2025] IEHC 474, High Court of Ireland, Commercial List...
Ageing‑Out Does Not Create Sentencing Prejudice: Jurisdiction‑First under s.75 Children Act and Non‑application of s.13 Criminal Law Act 1976 to Children Detention Schools

Ageing‑Out Does Not Create Sentencing Prejudice: Jurisdiction‑First under s.75 Children Act and Non‑application of s.13 Criminal Law Act 1976 to Children Detention Schools

Date: Sep 4, 2025
Ageing‑Out Does Not Create Sentencing Prejudice: Jurisdiction‑First under s.75 Children Act and Non‑application of s.13 Criminal Law Act 1976 to Children Detention Schools Case: K (Aged Out Child) v...
“Payment disputes” under s.6 of the Construction Contracts Act 2013 are confined to contractual payments; common‑law termination damages are not adjudicable — and planning irregularities do not render construction contracts void

“Payment disputes” under s.6 of the Construction Contracts Act 2013 are confined to contractual payments; common‑law termination damages are not adjudicable — and planning irregularities do not render construction contracts void

Date: Sep 4, 2025
“Payment disputes” under s.6 of the Construction Contracts Act 2013 are confined to contractual payments; common‑law termination damages are not adjudicable — and planning irregularities do not...
Substance Over Form: Polygraph and Relationship-Disclosure Conditions in SHPOs Are Positive Requirements Triggering s347A Safeguards — XBV, R. v [2025] EWCA Crim 1320

Substance Over Form: Polygraph and Relationship-Disclosure Conditions in SHPOs Are Positive Requirements Triggering s347A Safeguards — XBV, R. v [2025] EWCA Crim 1320

Date: Sep 4, 2025
Substance Over Form: Polygraph and Relationship-Disclosure Conditions in SHPOs Are Positive Requirements Triggering s347A Safeguards — XBV, R. v [2025] EWCA Crim 1320 Introduction This commentary...
Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82

Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82

Date: Sep 3, 2025
Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82 Introduction This...
No “Wet Signature” Needed: R v Hayes [2025] EWCA Crim 1312 clarifies warrant validity, limits post‑plea challenges, and affirms consecutive sentencing for justice‑perverting conduct

No “Wet Signature” Needed: R v Hayes [2025] EWCA Crim 1312 clarifies warrant validity, limits post‑plea challenges, and affirms consecutive sentencing for justice‑perverting conduct

Date: Sep 3, 2025
No “Wet Signature” Needed: R v Hayes [2025] EWCA Crim 1312 clarifies warrant validity, limits post‑plea challenges, and affirms consecutive sentencing for justice‑perverting conduct Introduction This...
Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences: Commentary on VPT, R v [2025] EWCA Crim 1187

Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences: Commentary on VPT, R v [2025] EWCA Crim 1187

Date: Sep 3, 2025
Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences Introduction This commentary examines the Court of Appeal...
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