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  • Commentaries

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

Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22

Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22

Date: May 3, 2025
Onus and Evidence for Deserting Trial & Fitness for Trial: Mullen v HMA [2025] HCJAC 22 Introduction This appeal arises from convictions of Richard Mullen for having offensive weapons in Perth Prison...
R v Alsaadoun ([2025] EWCA Crim 800):  “Showing-Off” Motive Held to be a Distinct Aggravating Factor in Category A Death-by-Dangerous-Driving Sentencing

R v Alsaadoun ([2025] EWCA Crim 800): “Showing-Off” Motive Held to be a Distinct Aggravating Factor in Category A Death-by-Dangerous-Driving Sentencing

Date: May 3, 2025
R v Alsaadoun ([2025] EWCA Crim 800): “Showing-Off” Motive Held to be a Distinct Aggravating Factor in Category A Death-by-Dangerous-Driving Sentencing 1. Introduction The Court of Appeal (Criminal...
Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA

Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA

Date: May 3, 2025
Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA Introduction This commentary examines the Court of Appeal’s decision in Beard v Commissioners for His Majesty’s Revenue...
Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption”

Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption”

Date: May 3, 2025
Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption” Introduction In National Council for Civil Liberties (Liberty) v Secretary of State for the Home Department ([2025] EWCA Civ...
Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence

Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence

Date: May 3, 2025
Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence Introduction Bratt v Jones [2025] EWCA Civ 562 is a landmark decision of the England and Wales Court of Appeal that...
Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts

Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts

Date: May 3, 2025
Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts 1. Introduction This commentary examines the judgment of the Scottish...
Ensuring Precision and Proportionality in Criminal Behaviour Orders: Al Magloub v. R [2025] EWCA Crim 640

Ensuring Precision and Proportionality in Criminal Behaviour Orders: Al Magloub v. R [2025] EWCA Crim 640

Date: May 2, 2025
Ensuring Precision and Proportionality in Criminal Behaviour Orders: Al Magloub v. R [2025] EWCA Crim 640 Introduction This commentary examines the Court of Appeal’s decision in Al Magloub v. R,...
Establishing a FRAND Floor for Parallel Foreign Judgments: Optis v Apple

Establishing a FRAND Floor for Parallel Foreign Judgments: Optis v Apple

Date: May 2, 2025
Establishing a FRAND Floor for Parallel Foreign Judgments: Optis v Apple Introduction Optis Cellular Technology LLC, Optis Wireless Technology LLC and Unwired Planet International Ltd (“Optis”)...
“The Owen Extension”: When Persistent, High-Value Theft Justifies Departure from the Sentencing Guidelines

“The Owen Extension”: When Persistent, High-Value Theft Justifies Departure from the Sentencing Guidelines

Date: May 2, 2025
“The Owen Extension”: When Persistent, High-Value Theft Justifies Departure from the Sentencing Guidelines Introduction Owen, R. v  ([2025] EWCA Crim 780) delivers a significant clarification on the...
R v Farebrother ([2025] EWCA Crim 672): A New Emphasis on Pregnant Offenders’ Mitigation and the Threshold for Suspending Class-A Drug Sentences

R v Farebrother ([2025] EWCA Crim 672): A New Emphasis on Pregnant Offenders’ Mitigation and the Threshold for Suspending Class-A Drug Sentences

Date: May 2, 2025
R v Farebrother ([2025] EWCA Crim 672): A New Emphasis on Pregnant Offenders’ Mitigation and the Threshold for Suspending Class-A Drug Sentences 1. Introduction R v Farebrother is a Court of Appeal...
Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders

Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders

Date: May 2, 2025
Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders Introduction In Papel Payment Services Provider LLC v Monitox Ltd [2025] CSOH 41, the Outer House of the Scottish Court of...
Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions

Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions

Date: May 2, 2025
Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions Introduction In Petition of Shorshi Mohammadi for...
Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences

Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences

Date: May 2, 2025
Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences 1. Introduction R v Emmerson ([2025] EWCA Crim 756) is an Attorney-General’s Reference in...
R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion

R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion

Date: May 2, 2025
R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion 1. Introduction R v Mulhern ([2025] EWCA Crim 757) is a...
Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R

Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R

Date: May 1, 2025
Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R Introduction Gustavson & Ors v R ([2025] EWCA Crim 493) was decided by the England and Wales Court of Appeal (Criminal Division)...
Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department

Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department

Date: May 1, 2025
Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department Introduction EI v Secretary of State for the Home Department ([2025] EWCA Civ 556) is a...
Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims

Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims

Date: May 1, 2025
Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims 1. Introduction This commentary examines the High Court’s decision in Kirby v Hotel Kilkenny...
Interpretation of Defence Statements is a Question of Fact, Not Law – Commentary on Perry v R [2025] UKSC 17

Interpretation of Defence Statements is a Question of Fact, Not Law – Commentary on Perry v R [2025] UKSC 17

Date: May 1, 2025
“From Law to Fact”: Supreme Court Confirms that Construing a Defence Statement Is Normally a Question of Fact – A Commentary on Perry v R ([2025] UKSC 17) 1. Introduction On 30 April 2025 the United...
Exception 1 of Section 117C(4): “Very Significant Obstacles to Integration” – Adequacy of Reasons for Deportation of EU Nationals to EU States

Exception 1 of Section 117C(4): “Very Significant Obstacles to Integration” – Adequacy of Reasons for Deportation of EU Nationals to EU States

Date: May 1, 2025
Exception 1 of Section 117C(4): “Very Significant Obstacles to Integration” – Adequacy of Reasons for Deportation of EU Nationals to EU States Introduction This case, Ackom v Secretary of State for...
Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Date: Apr 30, 2025
Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995 Introduction The case of Marshall v His Majesty’s...
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