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  • Commentaries

consent-reaffirmed-as-no-defence-in-assault-occasioning-actual-bodily-harm:-hobday-v-r.-2025-ewca-crim-46 Case Commentaries

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences

Date: Dec 19, 2025
Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences 1. Introduction This commentary examines the decision of the England and Wales...
Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672

Date: Dec 19, 2025
Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672 1. Introduction This...
Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified

Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified

Date: Dec 19, 2025
Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified 1. Introduction The Court of Appeal’s decision in Secretary of State for the Home Department v...
Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt – Commentary on Michael v Michael [2025] EWCA Civ 1668

Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt – Commentary on Michael v Michael [2025] EWCA Civ 1668

Date: Dec 19, 2025
Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt Commentary on Michael v Michael [2025] EWCA Civ 1668 1....
Enrichment Requires a Transfer of Value: Court of Appeal Narrows “At the Expense Of” in Unjust Enrichment (Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd)

Enrichment Requires a Transfer of Value: Court of Appeal Narrows “At the Expense Of” in Unjust Enrichment (Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd)

Date: Dec 19, 2025
Enrichment Requires a Transfer of Value: Clarifying “At the Expense Of” in Unjust Enrichment and Digital Likeness Cases Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd [2025]...
Derby CC v UYR [2025] EWCA Civ 1648: Interim Relief in Age Assessment Judicial Review and the Role of Competing Section 20 Duties

Derby CC v UYR [2025] EWCA Civ 1648: Interim Relief in Age Assessment Judicial Review and the Role of Competing Section 20 Duties

Date: Dec 19, 2025
Derby City Council v UYR [2025] EWCA Civ 1648: No “Strong Prima Facie Case” Threshold for Interim Relief in Age Assessment Judicial Review, and the Effect of Existing Section 20 Accommodation 1....
HMRC v Sintra Global Inc: Clarifying the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals

HMRC v Sintra Global Inc: Clarifying the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals

Date: Dec 19, 2025
HMRC v Sintra Global Inc & Parul Malde [2025] EWCA Civ 1661: The Court of Appeal Clarifies the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals 1. Introduction The decision in...
Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ 1652

Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ 1652

Date: Dec 19, 2025
Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ...
Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd

Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd

Date: Dec 19, 2025
Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd [2025] EWCA Civ 1662 1. Introduction The Court of Appeal’s...
Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Commentary on Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633

Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Commentary on Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633

Date: Dec 19, 2025
Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Abbott v Dexcom [2025] EWCA Civ 1633 1. Introduction This commentary examines the Court of Appeal decision in...
Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49

Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49

Date: Dec 19, 2025
Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49 1. Introduction In Secretary of...
Evans v Barclays: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings

Evans v Barclays: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings

Date: Dec 19, 2025
Evans v Barclays Bank Plc & Ors [2025] UKSC 48: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings 1. Introduction This Supreme Court decision is now a leading...
Ministerial Primacy and De Novo Wiley Balancing in Inquests: Commentary on Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47

Ministerial Primacy and De Novo Wiley Balancing in Inquests: Commentary on Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47

Date: Dec 18, 2025
Ministerial Primacy and De Novo Wiley Balancing in Inquests: Commentary on Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47 1. Introduction This decision of the United...
Revenue and Customs v Hotel La Tour Ltd: Input VAT on Exempt Fundraising Share Sales and the Limits of VAT Grouping

Revenue and Customs v Hotel La Tour Ltd: Input VAT on Exempt Fundraising Share Sales and the Limits of VAT Grouping

Date: Dec 18, 2025
Revenue and Customs v Hotel La Tour Ltd: Input VAT on Exempt Fundraising Share Sales and the Limits of VAT Grouping Case: Revenue and Customs v Hotel La Tour Ltd [2025] UKSC 46 Court: United Kingdom...
Concurrent Wrongdoer Defences, Late Amendments and Discovery of Settlement Agreements in Defamation: Commentary on Scallon v The Irish Times Trust Ltd & Meta Platforms Ireland Ltd [2025] IEHC 719

Concurrent Wrongdoer Defences, Late Amendments and Discovery of Settlement Agreements in Defamation: Commentary on Scallon v The Irish Times Trust Ltd & Meta Platforms Ireland Ltd [2025] IEHC 719

Date: Dec 17, 2025
Concurrent Wrongdoer Defences, Late Amendments and Discovery of Settlement Agreements in Defamation: Commentary on Scallon v The Irish Times Trust Ltd & Meta Platforms Ireland Ltd [2025] IEHC 719 1....

        O'Dowd & Ors v McGinley [2025] IEHC 713:
        Enforcing Guaranteed Returns in Informal Investment Agreements and the Primacy of Evidence in Fraud Damages

O'Dowd & Ors v McGinley [2025] IEHC 713: Enforcing Guaranteed Returns in Informal Investment Agreements and the Primacy of Evidence in Fraud Damages

Date: Dec 17, 2025
O'Dowd & Ors v McGinley [2025] IEHC 713: Enforcing Guaranteed Returns in Informal Investment Agreements and the Primacy of Evidence in Fraud Damages 1. Introduction This High Court decision,...
Mandatory Capacity Declarations and Proportionate Decision-Making Representation on Discharge from Wardship: Commentary on Health Service Executive v VV [2025] IEHC 714

Mandatory Capacity Declarations and Proportionate Decision-Making Representation on Discharge from Wardship: Commentary on Health Service Executive v VV [2025] IEHC 714

Date: Dec 17, 2025
Mandatory Capacity Declarations and Proportionate Decision-Making Representation on Discharge from Wardship: Commentary on Health Service Executive v VV [2025] IEHC 714 1. Introduction Health Service...

    Rebutting the Presumption of Regularity and the Materiality of Unconsidered Documents in International Protection Appeals:
    Commentary on C. (Nigeria) v International Protection Appeals Tribunal [2025] IEHC 606

Rebutting the Presumption of Regularity and the Materiality of Unconsidered Documents in International Protection Appeals: Commentary on C. (Nigeria) v International Protection Appeals Tribunal [2025] IEHC 606

Date: Dec 17, 2025
Rebutting the Presumption of Regularity and the Materiality of Unconsidered Documents in International Protection Appeals: Commentary on C. (Nigeria) (Unconsidered documents) v International...
Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR

Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR

Date: Dec 17, 2025
Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR 1. Introduction In Smith & Ors, R v [2025] EWCA Crim 1623, the Court of Appeal...
Political Change as an Extrinsic Reason for Refusing Costs: Commentary on PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644

Political Change as an Extrinsic Reason for Refusing Costs: Commentary on PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644

Date: Dec 17, 2025
Political Change as an Extrinsic Reason for Refusing Costs: Commentary on Public and Commercial Services Union v Secretary of State for the Home Department [2025] EWCA Civ 1644 1. Introduction 1.1....
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