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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

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v SSHD [2025] EWCA Civ 1646

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v SSHD [2025] EWCA Civ 1646

Date: Dec 17, 2025
Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v Secretary of State for the Home Department [2025] EWCA Civ 1646 1. Introduction This...
Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116

Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116

Date: Dec 17, 2025
Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116 1. Introduction This Outer House decision of...
JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting

JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting

Date: Dec 17, 2025
JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting 1. Introduction This opinion of Lord Braid in the Outer House of the Court of...
Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The NMC v Ibrahim [2025] EWCA Civ 1631

Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The NMC v Ibrahim [2025] EWCA Civ 1631

Date: Dec 17, 2025
Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The Nursing and Midwifery Council v Ibrahim [2025] EWCA Civ 1631 1. Introduction The...
Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise

Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise

Date: Dec 17, 2025
Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise 1. Introduction The decision in C (A Child)...
Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion – Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622

Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion – Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622

Date: Dec 17, 2025
Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion: Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622 1. Introduction This...

        Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform:
        Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64

Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform: Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64

Date: Dec 15, 2025
Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform: Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64 1. Introduction This Court of Appeal...
R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality

R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality

Date: Dec 15, 2025
R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality 1. Introduction The decision in R v Cox [2025]...
Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v HMRC [2025] EWCA Civ 1615

Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v HMRC [2025] EWCA Civ 1615

Date: Dec 15, 2025
Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v Revenue and Customs [2025] EWCA Civ 1615 1. Introduction The Court of Appeal’s...

    Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm:
    “Medical Condition” Does Not Include a Mere Change in Understanding –
    Commentary on LXR v First‑tier Tribunal (SEC) [2025] EWCA Civ 1608

Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR v First‑tier Tribunal (SEC) [2025] EWCA Civ 1608

Date: Dec 15, 2025
Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR, R (on the application of) v First‑tier...
Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612

Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612

Date: Dec 15, 2025
Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612 1. Introduction Cobden v Cobden is a...
Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611

Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611

Date: Dec 12, 2025
Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611 1. Introduction This commentary examines the...
Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures

Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures

Date: Dec 12, 2025
Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures 1. Introduction This Court of Appeal decision in B, Re (1980 Hague...
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

Date: Dec 12, 2025
V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct 1. Introduction The decision of Lady Tait in Petition...
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

Date: Dec 12, 2025
DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions 1. Introduction In DM v EF [2025] CSOH 115, Lord Braid, sitting in the Outer House of the Court of...
Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Date: Dec 12, 2025
Court of Session Clarifies “Prevention of Access” and Substantial Prejudice in Challenges to Traffic Regulation Orders: Norman Esslemont v Aberdeen City Council [2025] CSIH 31 1. Introduction This...
Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708

Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708

Date: Dec 12, 2025
Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708 1....
Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A: Commentary on The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588

Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A: Commentary on The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588

Date: Dec 12, 2025
Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A Case: The Tower One St George Wharf Ltd v Commissioners for His Majesty's Revenue and Customs [2025] EWCA Civ 1588...
Functus Officio, De Minimis Breaches and Certification under s.50A(7) PDA 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701

Functus Officio, De Minimis Breaches and Certification under s.50A(7) PDA 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701

Date: Dec 12, 2025
Functus Officio, De Minimis Breaches and Certification under s.50A(7) of the Planning and Development Act 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701 1. Introduction This...
Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Date: Dec 12, 2025
Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44 1. Introduction This Supreme Court decision addresses a novel and sensitive...
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