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  • Commentaries

interpretation-of-& Case Commentaries

Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office

Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office

Date: Sep 8, 2025
Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office Introduction In Evans v R ([2025] EWCA Crim 1150), the Court of Appeal...
Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections

Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections

Date: Sep 6, 2025
Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections Introduction...
Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84

Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84

Date: Sep 6, 2025
Section 11(7D) as Gatekeeper in Domestic‑Abuse Contact Disputes: Refusal of Even Indirect Contact despite Positive Sessions — SJM v AJD [2025] CSOH 84 Citation: SJM v AJD [2025] CSOH 84 (Outer House,...
The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985

The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985

Date: Sep 6, 2025
The McMahon Two‑Stage Approach: Deferred Consideration and Deliberate Dissipation in Valuing and Dividing Business Assets under the Family Law (Scotland) Act 1985 Introduction In Nicola Drummond or...
EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment

EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment

Date: Sep 4, 2025
EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment Introduction This commentary examines the Court of...
Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation

Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation

Date: Sep 4, 2025
Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation Introduction In Somani...
No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220

No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220

Date: Sep 4, 2025
No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220 Introduction This Court of Appeal decision in East Riding of Yorkshire Council...
Implicit Criminal-Proceedings Leverage as “Unambiguous Impropriety”: High Court admits WPSATC correspondence — QPQ Limited v Schute [2025] IEHC 474

Implicit Criminal-Proceedings Leverage as “Unambiguous Impropriety”: High Court admits WPSATC correspondence — QPQ Limited v Schute [2025] IEHC 474

Date: Sep 4, 2025
Implicit Criminal‑Proceedings Leverage as “Unambiguous Impropriety”: High Court Admits WPSATC Correspondence QPQ Limited v Schute (Approved) [2025] IEHC 474, High Court of Ireland, Commercial List...
Ageing‑Out Does Not Create Sentencing Prejudice: Jurisdiction‑First under s.75 Children Act and Non‑application of s.13 Criminal Law Act 1976 to Children Detention Schools

Ageing‑Out Does Not Create Sentencing Prejudice: Jurisdiction‑First under s.75 Children Act and Non‑application of s.13 Criminal Law Act 1976 to Children Detention Schools

Date: Sep 4, 2025
Ageing‑Out Does Not Create Sentencing Prejudice: Jurisdiction‑First under s.75 Children Act and Non‑application of s.13 Criminal Law Act 1976 to Children Detention Schools Case: K (Aged Out Child) v...
“Payment disputes” under s.6 of the Construction Contracts Act 2013 are confined to contractual payments; common‑law termination damages are not adjudicable — and planning irregularities do not render construction contracts void

“Payment disputes” under s.6 of the Construction Contracts Act 2013 are confined to contractual payments; common‑law termination damages are not adjudicable — and planning irregularities do not render construction contracts void

Date: Sep 4, 2025
“Payment disputes” under s.6 of the Construction Contracts Act 2013 are confined to contractual payments; common‑law termination damages are not adjudicable — and planning irregularities do not...
Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82

Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82

Date: Sep 3, 2025
Article 5 ECHR, Extended Sentences and Rehabilitation: A Nine‑Month Post‑Custodial Delay Does Not Cross the Arbitrariness Threshold — AB v Scottish Ministers [2025] CSOH 82 Introduction This...
Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences: Commentary on VPT, R v [2025] EWCA Crim 1187

Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences: Commentary on VPT, R v [2025] EWCA Crim 1187

Date: Sep 3, 2025
Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences Introduction This commentary examines the Court of Appeal...
Fletcher: Indefinite, Digitally‑Tailored Non‑Harassment Orders and Compensation as Core Sentencing Tools in Serious Domestic Abuse; Custody Still a Last Resort for First‑Time Adult Offenders

Fletcher: Indefinite, Digitally‑Tailored Non‑Harassment Orders and Compensation as Core Sentencing Tools in Serious Domestic Abuse; Custody Still a Last Resort for First‑Time Adult Offenders

Date: Sep 1, 2025
Fletcher: Indefinite, Digitally‑Tailored Non‑Harassment Orders and Compensation as Core Sentencing Tools in Serious Domestic Abuse; Custody Still a Last Resort for First‑Time Adult Offenders...
No duty on an interdictee to “mitigate” by seeking recall: continuing wrong, damages and interest in wrongful interdict – Commentary on Martin McGowan v Springfield Properties PLC [2025] CSOH 81

No duty on an interdictee to “mitigate” by seeking recall: continuing wrong, damages and interest in wrongful interdict – Commentary on Martin McGowan v Springfield Properties PLC [2025] CSOH 81

Date: Sep 1, 2025
No duty on an interdictee to “mitigate” by seeking recall: continuing wrong, damages and interest in wrongful interdict – McGowan v Springfield Properties PLC [2025] CSOH 81 Introduction This Outer...
In‑Proceedings Reporting Restrictions at Common Law: PMC v A Local Health Board [2025] EWCA Civ 1126

In‑Proceedings Reporting Restrictions at Common Law: PMC v A Local Health Board [2025] EWCA Civ 1126

Date: Aug 31, 2025
In‑Proceedings Reporting Restrictions at Common Law: PMC v A Local Health Board [2025] EWCA Civ 1126 Introduction The Court of Appeal’s decision in PMC v A Local Health Board ([2025] EWCA Civ 1126)...
R v Mercer [2025] EWCA Crim 1197: Caring Motives Do Not Mitigate Persistent Breaches of Protective Orders; Remand Credit Clarified and Uplifts for Multiple Breaches Affirmed

R v Mercer [2025] EWCA Crim 1197: Caring Motives Do Not Mitigate Persistent Breaches of Protective Orders; Remand Credit Clarified and Uplifts for Multiple Breaches Affirmed

Date: Aug 30, 2025
R v Mercer [2025] EWCA Crim 1197: Caring Motives Do Not Mitigate Persistent Breaches of Protective Orders; Remand Credit Clarified and Uplifts for Multiple Breaches Affirmed England and Wales Court...
R v ICG [2025] EWCA Crim 1196: Limited Discount for Attempted Rape Where Completion Was Thwarted by Interruption, With Lead-Count Uplift to Reflect Concurrent Penetrative Offences; Consecutive Sentences for Distinct Episodes Reaffirmed

R v ICG [2025] EWCA Crim 1196: Limited Discount for Attempted Rape Where Completion Was Thwarted by Interruption, With Lead-Count Uplift to Reflect Concurrent Penetrative Offences; Consecutive Sentences for Distinct Episodes Reaffirmed

Date: Aug 30, 2025
R v ICG [2025] EWCA Crim 1196: Limited Discount for Attempted Rape Where Completion Was Thwarted by Interruption, With Lead-Count Uplift to Reflect Concurrent Penetrative Offences; Consecutive...
R v Peters [2025] EWCA Crim 1175: Standalone violent disorder in a fatal incident—Category 1A (4‑year) starting point affirmed and no parity with “academic” concurrent sentences

R v Peters [2025] EWCA Crim 1175: Standalone violent disorder in a fatal incident—Category 1A (4‑year) starting point affirmed and no parity with “academic” concurrent sentences

Date: Aug 28, 2025
R v Peters [2025] EWCA Crim 1175: Standalone violent disorder in a fatal incident—Category 1A (4‑year) starting point affirmed and no parity with “academic” concurrent sentences Court: England and...
Judicial Review Is Not a Shortcut to Halt Pending Prosecutions: High Court Reaffirms Exceptional Nature of Prohibition and Routes Wrongful-Arrest Grievances to Plenary Actions

Judicial Review Is Not a Shortcut to Halt Pending Prosecutions: High Court Reaffirms Exceptional Nature of Prohibition and Routes Wrongful-Arrest Grievances to Plenary Actions

Date: Aug 27, 2025
Judicial Review Is Not a Shortcut to Halt Pending Prosecutions: High Court Reaffirms Exceptional Nature of Prohibition and Routes Wrongful-Arrest Grievances to Plenary Actions Decision commented on:...
No Shortcut to Trial: LSRA observations do not shift the plaintiff’s burden and a defendant’s pleaded case must be taken at its highest on strike‑out motions (Monarca v Hayes Solicitors LLP [2025] IEHC 472)

No Shortcut to Trial: LSRA observations do not shift the plaintiff’s burden and a defendant’s pleaded case must be taken at its highest on strike‑out motions (Monarca v Hayes Solicitors LLP [2025] IEHC 472)

Date: Aug 27, 2025
No Shortcut to Trial: LSRA observations do not shift the plaintiff’s burden and a defendant’s pleaded case must be taken at its highest on strike‑out motions Commentary on Monarca v Hayes Solicitors...
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