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  • Commentaries

defining-& Case Commentaries

The “Limited-Weight & Rare-Prediction” Principle:  UKSC settles the role of foreign early-release regimes in Article 8 extradition proportionality tests

The “Limited-Weight & Rare-Prediction” Principle: UKSC settles the role of foreign early-release regimes in Article 8 extradition proportionality tests

Date: Jun 12, 2025
The “Limited-Weight & Rare-Prediction” Principle Andrysiewicz v Circuit Court in Łódź, Poland ([2025] UKSC 23) 1. Introduction The United Kingdom Supreme Court (“UKSC”) has delivered a landmark...
No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2)

No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2)

Date: Jun 12, 2025
No Right of Recoupment under Section 151(8) After Policy Avoidance under Section 152(2) Ian Whyte v David Arthur [2025] CSOH 47 1. Introduction Ian Whyte, a passenger injured in a 2017 road-traffic...
“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination

“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination

Date: Jun 12, 2025
“Beyond Academic Judgment” – Court of Session Clarifies the SPSO’s Duty to Investigate University Maladministration and Systemic Discrimination 1. Introduction AB v The Scottish Public Services...
R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals

R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals

Date: Jun 12, 2025
R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals Introduction This judgment from the Court of Appeal (Criminal Division)...
Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals

Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals

Date: Jun 12, 2025
Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals Introduction Harrod, R. v ([2025] EWCA Crim 819) is a significant decision of the Court...
Mathurin: Clarification vs Cross-Examination—When Judicial Interventions Render a Conviction Unsafe Despite a Strong Prosecution Case

Mathurin: Clarification vs Cross-Examination—When Judicial Interventions Render a Conviction Unsafe Despite a Strong Prosecution Case

Date: Jun 12, 2025
Mathurin: Clarification vs Cross-Examination—When Judicial Interventions Render a Conviction Unsafe Despite a Strong Prosecution Case Introduction In Mathurin, R. v [2025] EWCA Crim 1254, the Court...
Temporal Limits of Article 2 ECHR Investigative Obligation Defined

Temporal Limits of Article 2 ECHR Investigative Obligation Defined

Date: Jun 11, 2025
Temporal Limits of Article 2 ECHR Investigative Obligation Defined: Exclusion of Legacy Inquests Beyond the Twelve-Year Threshold Introduction This commentary examines the Court of Appeal in Northern...
Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015

Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015

Date: Jun 11, 2025
Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015 Introduction Transport Action Network Ltd (“TAN”) challenged the Secretary of State for...
Andrew v FRN: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges

Andrew v FRN: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges

Date: Jun 11, 2025
Andrew v The Federal Republic of Nigeria: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges Introduction This commentary examines the Court of Appeal’s judgment in...
Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15

Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15

Date: Jun 11, 2025
Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15 1. Introduction Jacob (Formerly Oyebola), R. v (Re s.31 Proceeds of Crime Act...
Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts

Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts

Date: Jun 11, 2025
Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts 1. Introduction Cheetham, R. v ([2025] EWCA Crim 804)...
Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases

Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases

Date: Jun 10, 2025
Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases Introduction This appeal arises from the joint sentencing of Jonathan Cassidy (“Cassidy”) and Nasar...
Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa

Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa

Date: Jun 10, 2025
Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa Introduction The Court of Appeal’s decision in Saxon Woods Investments Ltd v Costa (Re Spring Media...
The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent

The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent

Date: Jun 10, 2025
The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent Introduction MH (Bangladesh) v Secretary of State for the Home Department [2025] EWCA Civ...
Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968

Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968

Date: Jun 9, 2025
Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968 Introduction In Wishart v R, the England and Wales Court of Appeal (Criminal Division) dismissed...
Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations

Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations

Date: Jun 9, 2025
Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations Introduction Forbes v Interbay Funding Ltd ([2025] EWCA Civ 690) is a landmark decision of...
Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD

Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD

Date: Jun 9, 2025
Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD Introduction AAZA (a Yemeni national born in 2000, long resident in China but...
Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021

Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021

Date: Jun 9, 2025
Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021 Introduction In James Gillespie and another v Alan...
Waller-Edwards v One Savings Bank Plc: The New Bright-Line Test for Hybrid Non-Commercial Loans

Waller-Edwards v One Savings Bank Plc: The New Bright-Line Test for Hybrid Non-Commercial Loans

Date: Jun 9, 2025
“Any Non-Commercial Loan with More Than a De Minimis Surety Element Puts the Lender on Inquiry” — A Commentary on Waller-Edwards v One Savings Bank Plc ([2025] UKSC 22) 1. Introduction In...
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals

Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals

Date: Jun 9, 2025
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals Introduction This case arises from an appeal by J29 (Scotland) Limited ("the...
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