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  • Commentaries

interpretation-of-judicial-review-time-limits-under-section-27a-of-the-court-of-session-act-1988:-o& Case Commentaries

No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159

No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159

Date: Sep 10, 2025
No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159...
Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected

Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected

Date: Sep 10, 2025
Out-of-time judicial review dismissals operate as res judicata: High Court strikes out collateral plenary challenge; “continuing breach” and Greendale fraud arguments rejected Introduction In Browne...
Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480

Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480

Date: Sep 9, 2025
Liberty to Apply Is for Working Out, Not Rewriting: Limits on Post‑Judgment Clarification and Retrospective Time Extension in Point Village Development Ltd v Dunnes Stores [2025] IEHC 480...
Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged — Commentary on KBC Bank NV v Smith & Ors [2025] IEHC 481

Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged — Commentary on KBC Bank NV v Smith & Ors [2025] IEHC 481

Date: Sep 9, 2025
Automatic Statutory Substitution under Section 41 of the Central Bank Act 1971: No Court Order Required; Collateral Challenges Struck Out and Injunction Undertakings Discharged Introduction This...
Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases

Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases

Date: Sep 8, 2025
Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases Court: Court of Appeal (Criminal Division), England and...
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)...
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