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  • Commentaries

interpreting-& Case Commentaries

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,...
“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...
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”)...
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...
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...
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)...
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...
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...
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...
Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board

Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board

Date: Apr 30, 2025
Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board Introduction Prendergast v Legal Aid Board [2025] IEHC 257 is a High Court judicial review arising...
Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Date: Apr 30, 2025
Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials Introduction This commentary examines the Scottish High Court of Justiciary’s decision in...
Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223

Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223

Date: Apr 30, 2025
Charitable Crowdfunding and the Boundaries of Maintenance and Champerty: Campbell v O'Doherty [2025] IEHC 223 Introduction Campbell v O'Doherty [2025] IEHC 223 is a High Court decision delivered by...
Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor

Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor

Date: Apr 30, 2025
Implied Obligation to Co-operate in Title Transfer: Dublin City Council v Lynskey & Anor Introduction Dublin City Council v Lynskey & Anor [2025] IEHC 241 is a High Court decision addressing the...
ECHR Article 5 and Children in Care: Necessity of DOLs Orders – State Consent Insufficient

ECHR Article 5 and Children in Care: Necessity of DOLs Orders – State Consent Insufficient

Date: Apr 30, 2025
ECHR Article 5 and Children in Care: Necessity of DOLs Orders – State Consent Insufficient Introduction J v Bath and North East Somerset Council & Ors ([2025] EWCA Civ 478) is a Court of Appeal...
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