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  • Commentaries

defining-& Case Commentaries

Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Date: May 23, 2025
Material Change and Forum Competence in Article 15 Jurisdiction Transfers Introduction This commentary reviews the decision of the Scottish Court of Session in Brechin v LO & EO ([2025] CSIH 15),...
Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions

Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions

Date: May 23, 2025
Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions Introduction This commentary examines the Court of...
R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold

R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold

Date: May 23, 2025
R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold Introduction In Thomas, R. v ([2025] EWCA Crim 718) the Court of Appeal (Criminal Division) revisited the...
Juror Contempt: Mandatory Advisement of Right to Legal Advice and Procedure; Record as “Finding” Not “Conviction” — R v Szobollodi [2025] EWCA Crim 1204

Juror Contempt: Mandatory Advisement of Right to Legal Advice and Procedure; Record as “Finding” Not “Conviction” — R v Szobollodi [2025] EWCA Crim 1204

Date: May 23, 2025
Juror Contempt: Mandatory Advisement of Right to Legal Advice and Procedure; Record as “Finding” Not “Conviction” — R v Szobollodi [2025] EWCA Crim 1204 Introduction This commentary analyzes the...
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Date: May 22, 2025
Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases Introduction This commentary examines the decision of the Scottish High Court of Justiciary...
Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages

Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages

Date: May 22, 2025
Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages Introduction BSV Claims Ltd v Bittylicious Ltd & Ors ([2025] EWCA Civ 661) is a landmark...
The Costin Discretion: Court of Appeal Confirms No Mandatory Credit for Lost Parole Opportunity of IPP Prisoners

The Costin Discretion: Court of Appeal Confirms No Mandatory Credit for Lost Parole Opportunity of IPP Prisoners

Date: May 22, 2025
The Costin Discretion: Court of Appeal Confirms No Mandatory Credit for Lost Parole Opportunity of IPP Prisoners 1. Introduction Costin, R. v ([2025] EWCA Crim 729) is a significant Court of Appeal...
Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Date: May 22, 2025
Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle Introduction In MA v RE ([2025] IEHC 341), Ms. Justice Nuala Jackson was asked, at an...
Supreme Court Confirms Statutory Right to Wild-Camp on Dartmoor: Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20

Supreme Court Confirms Statutory Right to Wild-Camp on Dartmoor: Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20

Date: May 22, 2025
Supreme Court Confirms Statutory Right to Wild-Camp on Dartmoor: Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20 1. Introduction The United Kingdom Supreme Court has delivered a...
Child’s Best Interests Paramount in Non-Convention Summary Return: Re O [2025] EWCA Civ 660

Child’s Best Interests Paramount in Non-Convention Summary Return: Re O [2025] EWCA Civ 660

Date: May 22, 2025
Child’s Best Interests Paramount in Non-Convention Summary Return: Re O [2025] EWCA Civ 660 Introduction This landmark appeal concerned the mother’s challenge to an order for the summary return of...
Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Date: May 22, 2025
Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings Introduction Minister for Justice and Equality v Puk ([2025] IEHC 295) concerned...
“Payment Triggers Contribution” – The Supreme Court on Accrual of Contribution Claims and the Limits of Building Safety Act Retrospection (URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21)

“Payment Triggers Contribution” – The Supreme Court on Accrual of Contribution Claims and the Limits of Building Safety Act Retrospection (URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21)

Date: May 22, 2025
“Payment Triggers Contribution” – The Supreme Court on Accrual of Contribution Claims and the Limits of Building Safety Act Retrospection Commentary on URS Corporation Ltd v BDW Trading Ltd ([2025]...
Effective-Cause Principle in Part-Time Workers’ Rights: Broader Interpretation of Regulation 5

Effective-Cause Principle in Part-Time Workers’ Rights: Broader Interpretation of Regulation 5

Date: May 21, 2025
Effective-Cause Principle in Part-Time Workers’ Rights: Broader Interpretation of Regulation 5 Introduction Augustine v Data Cars Ltd ([2025] EWCA Civ 658) is a Court of Appeal decision concerning...
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Date: May 21, 2025
Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards Introduction This commentary examines the Court of Session’s decision in Tracy McFadyean v...
Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Date: May 21, 2025
Information-Gathering Resolutions and the Public Service Equality Duty Introduction Simon McLean, a resident of Torry in Aberdeen, uses St Fittick’s Park (“the Park”) for recreation and well-being....
Natural Justice Exception to Finality of UT Decisions: Scope and Application of Section 11A(4)(c)(ii) in Judicial Review

Natural Justice Exception to Finality of UT Decisions: Scope and Application of Section 11A(4)(c)(ii) in Judicial Review

Date: May 21, 2025
Natural Justice Exception to Finality of UT Decisions: Scope and Application of Section 11A(4)(c)(ii) in Judicial Review Introduction Chowdhury R (on the application of) v Secretary of State for the...
Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders

Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders

Date: May 21, 2025
Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders Introduction In Boulbet v SumUp Ltd ([2025] IEHC 285), Mr. Justice Nolan of the High Court of Ireland...
Sentencing Guidance and Plea Advice in Racial Hatred Offences: Connolly v R [2025] EWCA Crim 657

Sentencing Guidance and Plea Advice in Racial Hatred Offences: Connolly v R [2025] EWCA Crim 657

Date: May 21, 2025
Sentencing Guidance and Plea Advice in Racial Hatred Offences: Connolly v R [2025] EWCA Crim 657 Introduction This commentary examines the Court of Appeal’s decision in Connolly v R [2025] EWCA Crim...
Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria)

Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria)

Date: May 21, 2025
Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria) Introduction Kehoe v Promontoria (Aran) Ltd & Anor [2025] IEHC 286 is a...
Precision and Clarity in Injunctions: Protecting Tenants from Unjust Committal

Precision and Clarity in Injunctions: Protecting Tenants from Unjust Committal

Date: May 21, 2025
Precision and Clarity in Injunctions: Protecting Tenants from Unjust Committal Introduction This commentary examines the Court of Appeal’s decision in Connexus Homes Ltd v Weaver & Anor ([2025] EWCA...
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