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  • Commentaries

ensuring-constitutional-integrity:-the-privy-council& Case Commentaries

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts

Date: Oct 22, 2025
Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts Introduction This...
Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying

Date: Oct 22, 2025
Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying Case: Bencik & Anor v Hilltop...
School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified in SAG v Governing Body of Winchmore School [2025] EWCA Civ 1335

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified in SAG v Governing Body of Winchmore School [2025] EWCA Civ 1335

Date: Oct 22, 2025
School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified Case: SAG, R (On the...
Onuzi v SSHD: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to naturalisation

Onuzi v SSHD: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to naturalisation

Date: Oct 22, 2025
Onuzi v Secretary of State for the Home Department [2025] EWCA Civ 1337: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to...
Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme

Date: Oct 22, 2025
Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme...
JK [2025] EWCA Civ 1309 — Local authorities may use the parens patriae jurisdiction to secure a British child’s return from a non‑Contracting State notwithstanding an intention to issue care proceedings (Re M “sufficiently compelling” test affirmed; FLA 1986 largely irrelevant)

JK [2025] EWCA Civ 1309 — Local authorities may use the parens patriae jurisdiction to secure a British child’s return from a non‑Contracting State notwithstanding an intention to issue care proceedings (Re M “sufficiently compelling” test affirmed; FLA 1986 largely irrelevant)

Date: Oct 22, 2025
JK [2025] EWCA Civ 1309: Local authorities can secure a British child’s return under the inherent jurisdiction even where care proceedings are intended; Family Law Act 1986 largely irrelevant to...
Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO

Date: Oct 22, 2025
Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO Introduction This commentary examines the Court of Appeal’s judgment in...
Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items

Date: Oct 22, 2025
Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items Introduction This Court of Appeal decision...
Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel

Date: Oct 22, 2025
Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel...
Ammori v SSHD: Deproscription/POAC is not an alternative to judicial review of an initial proscription; and respondents must meet CPR 52.8’s seven‑day limit when seeking permission to appeal refused JR grounds

Ammori v SSHD: Deproscription/POAC is not an alternative to judicial review of an initial proscription; and respondents must meet CPR 52.8’s seven‑day limit when seeking permission to appeal refused JR grounds

Date: Oct 22, 2025
New Principle: Initial Proscription Orders Are Directly Reviewable in the Administrative Court; Deproscription/POAC is not an available or adequate alternative remedy. CPR 52.8’s seven‑day time limit...
Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8

Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8

Date: Oct 22, 2025
Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8 Introduction This High Court decision in...
Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be Strictly Scrutinised

Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be Strictly Scrutinised

Date: Oct 22, 2025
Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be...
CityJet DAC: Clarifying the Best Interests of Creditors Test, Valuation Timing, and Examiner’s Onus in Examinership Confirmations

CityJet DAC: Clarifying the Best Interests of Creditors Test, Valuation Timing, and Examiner’s Onus in Examinership Confirmations

Date: Oct 22, 2025
CityJet DAC: Clarifying the Best Interests of Creditors Test, Valuation Timing, and Examiner’s Onus in Examinership Confirmations Introduction In CityJet Designated Activity Company [2025] IEHC 562,...
Special circumstances as a gateway to late IPAT appeals: High Court affirms cumulative test and strict formality for asylum appeals (GB v IPAT [2025] IEHC 543)

Special circumstances as a gateway to late IPAT appeals: High Court affirms cumulative test and strict formality for asylum appeals (GB v IPAT [2025] IEHC 543)

Date: Oct 21, 2025
Special circumstances as a gateway to late IPAT appeals: High Court affirms cumulative test and strict formality for asylum appeals (GB v IPAT [2025] IEHC 543) Introduction In GB v The International...
Brexit Is Not a “Taking Out” Under UCC Article 154: High Court sets RGR clock from pre‑Brexit movement and reinforces strict proof and representation duties

Brexit Is Not a “Taking Out” Under UCC Article 154: High Court sets RGR clock from pre‑Brexit movement and reinforces strict proof and representation duties

Date: Oct 21, 2025
Brexit Is Not a “Taking Out” Under UCC Article 154: High Court sets RGR clock from pre‑Brexit movement and reinforces strict proof and representation duties Introduction This commentary analyses the...
Intra-Party Nomination Directives Are Non-Justiciable, and the Constitution Cannot Be Unconstitutional: Commentary on Byrne v The Tánaiste & Ors [2025] IEHC 565

Intra-Party Nomination Directives Are Non-Justiciable, and the Constitution Cannot Be Unconstitutional: Commentary on Byrne v The Tánaiste & Ors [2025] IEHC 565

Date: Oct 21, 2025
Intra-Party Nomination Directives Are Non-Justiciable, and the Constitution Cannot Be Unconstitutional: Byrne v The Tánaiste & Ors [2025] IEHC 565 Introduction This High Court judgment, delivered by...
A strict s.5(2) clock and a substantive s.49 duty: IPAT findings on risk must be expressly weighed in permission-to-remain decisions (A.B. v International Protection Appeals Tribunal & Minister [2025] IEHC 572)

A strict s.5(2) clock and a substantive s.49 duty: IPAT findings on risk must be expressly weighed in permission-to-remain decisions (A.B. v International Protection Appeals Tribunal & Minister [2025] IEHC 572)

Date: Oct 18, 2025
A strict s.5(2) clock and a substantive s.49 duty: IPAT findings on risk must be expressly weighed in permission-to-remain decisions Introduction In A.B. v International Protection Appeals Tribunal &...

      Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations Are Not Proved — R v Al‑Shumari [2025] EWCA Crim 1317

Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations Are Not Proved — R v Al‑Shumari [2025] EWCA Crim 1317

Date: Oct 17, 2025
Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations...
Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal

Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal

Date: Oct 17, 2025
Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal Introduction In Carson v...
Undoing Unlawful Re-entry: Clarifying interim possession under section 47(2) and recall standards amid late buy‑out offers in sequestration sales

Undoing Unlawful Re-entry: Clarifying interim possession under section 47(2) and recall standards amid late buy‑out offers in sequestration sales

Date: Oct 17, 2025
Undoing Unlawful Re-entry: Clarifying interim possession under section 47(2) and recall standards amid late buy‑out offers in sequestration sales Introduction Decision: Opinion of Lord Richardson,...
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