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  • Commentaries

defining-& Case Commentaries

Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales — Commentary on Advanced Multi‑Technology (t/a Hitex) & Ors v Uniserve Ltd [2025] EWCA Civ 1212

Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales — Commentary on Advanced Multi‑Technology (t/a Hitex) & Ors v Uniserve Ltd [2025] EWCA Civ 1212

Date: Oct 3, 2025
Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales Commentary on Advanced Multi-Technology for Medical Industry (t/a Hitex) & Ors v Uniserve...
Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law

Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law

Date: Oct 2, 2025
Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law Introduction This commentary examines the Scottish Court of...
No Mitigation Without Nexus: Fresh Psychiatric Evidence on CCRC Reference must Demonstrably Link to the Offending (R v Brogan [2025] EWCA Crim 1208)

No Mitigation Without Nexus: Fresh Psychiatric Evidence on CCRC Reference must Demonstrably Link to the Offending (R v Brogan [2025] EWCA Crim 1208)

Date: Oct 1, 2025
No Mitigation Without Nexus: Fresh Psychiatric Evidence on CCRC Reference must Demonstrably Link to the Offending (R v Brogan [2025] EWCA Crim 1208) Introduction In R v Brogan [2025] EWCA Crim 1208,...
No Agency Signature under s.53(1)(b): Corporate Execution Required, and Non‑Compliant Self‑Declared Trusts Cannot Defeat s.423 Transactions-at-Undervalue

No Agency Signature under s.53(1)(b): Corporate Execution Required, and Non‑Compliant Self‑Declared Trusts Cannot Defeat s.423 Transactions-at-Undervalue

Date: Oct 1, 2025
No Agency Signature under s.53(1)(b): Corporate Execution Required, and Non‑Compliant Self‑Declared Trusts Cannot Defeat s.423 Transactions-at-Undervalue Introduction In National Iranian Oil Company...
Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90

Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90

Date: Oct 1, 2025
Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90...
From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter

From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter

Date: Oct 1, 2025
From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter Introduction This commentary analyses the Court of...

      Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88

Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88

Date: Sep 30, 2025
Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88 Introduction This commentary examines...
“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal

“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal

Date: Sep 30, 2025
“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal Case...
No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland

No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland

Date: Sep 30, 2025
No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland Introduction In AN v Renfrewshire Council and others [2025] CSOH...
Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised, post-closure facilities

Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised, post-closure facilities

Date: Sep 30, 2025
Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised,...
S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness

S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness

Date: Sep 30, 2025
S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness Introduction This...
O’Rourke v Minister for Defence & Ors [2025] IEHC 518: A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the 2014 Act

O’Rourke v Minister for Defence & Ors [2025] IEHC 518: A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the 2014 Act

Date: Sep 30, 2025
A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the Protected Disclosures Act 2014 (as amended) Introduction This High Court judgment...
Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators

Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators

Date: Sep 30, 2025
Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators Introduction In Baniulyte v R...
“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516

“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516

Date: Sep 30, 2025
“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516 Court: High Court of Ireland (Owens J) | Citation: [2025] IEHC 516 | Date:...
Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence

Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence

Date: Sep 30, 2025
Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence Introduction In Secretary of State for the Home...
No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514

No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514

Date: Sep 30, 2025
No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514 Introduction This High Court of Ireland decision,...
Deemed transfer clauses require a notice to remedy and repudiatory breaches can be “capable of remedy”: Commentary on Kulkarni v Gwent Holdings Ltd [2025] EWCA Civ 1206

Deemed transfer clauses require a notice to remedy and repudiatory breaches can be “capable of remedy”: Commentary on Kulkarni v Gwent Holdings Ltd [2025] EWCA Civ 1206

Date: Sep 30, 2025
Deemed transfer clauses require a notice to remedy and repudiatory breaches can be “capable of remedy” Commentary on Kulkarni v Gwent Holdings Ltd & Anor [2025] EWCA Civ 1206 (CA) Introduction The...
The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512

The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512

Date: Sep 30, 2025
The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512 Introduction In this judicial review, the High Court (Simons J) refused to restrain...
Cromwell (R v) [2025]: Caring Responsibilities Do Not Compel Suspension Where Offending Is Not on the Cusp; 100‑Metre Restraining Orders Upheld

Cromwell (R v) [2025]: Caring Responsibilities Do Not Compel Suspension Where Offending Is Not on the Cusp; 100‑Metre Restraining Orders Upheld

Date: Sep 26, 2025
Cromwell (R v) [2025]: Caring Responsibilities Do Not Compel Suspension Where Offending Is Not on the Cusp; 100‑Metre Restraining Orders Upheld Introduction This commentary analyses the judgment of...
“Haul Before You Cross”: Irish High Court imposes a duty of care on trawler operators over known submarine cables and affirms cost‑of‑repair damages without proof of payment — Virgin Media Wholesale Ltd v The Lida Suzanna [2025] IEHC 493

“Haul Before You Cross”: Irish High Court imposes a duty of care on trawler operators over known submarine cables and affirms cost‑of‑repair damages without proof of payment — Virgin Media Wholesale Ltd v The Lida Suzanna [2025] IEHC 493

Date: Sep 25, 2025
“Haul Before You Cross”: A New Irish Admiralty Benchmark on Fishermen’s Duties to Subsea Cables and Cost‑of‑Repair Damages Introduction In Virgin Media Wholesale Ltd v Owners and All Persons Claiming...
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