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  • Commentaries

material-prejudice-as-the-touchstone-of-procedural-fairness Case Commentaries


    No Common‑Law Duty to Consult or Give Reasons on Council Land Disposals, but
    Community Councils Have Standing: Commentary on Helensburgh Community Council
    for Judicial Review [2025] CSOH 105

No Common‑Law Duty to Consult or Give Reasons on Council Land Disposals, but Community Councils Have Standing: Commentary on Helensburgh Community Council for Judicial Review [2025] CSOH 105

Date: Nov 25, 2025
No Common‑Law Duty to Consult or Give Reasons on Council Land Disposals, but Community Councils Have Standing: Commentary on Helensburgh Community Council for Judicial Review [2025] CSOH 105 1....
Defining “Direct Damage” for Cross‑Border Trade Secret Misuse under Rome II: Commentary on Playtech Software Ltd v Realtime SIA & Anor [2025] EWCA Civ 1472

Defining “Direct Damage” for Cross‑Border Trade Secret Misuse under Rome II: Commentary on Playtech Software Ltd v Realtime SIA & Anor [2025] EWCA Civ 1472

Date: Nov 24, 2025
Defining “Direct Damage” for Cross‑Border Trade Secret Misuse under Rome II: Commentary on Playtech Software Ltd v Realtime SIA & Anor [2025] EWCA Civ 1472 Court: Court of Appeal (Civil Division),...
Non‑Fettering, Residual Immigration Discretion and the Limits of the “Highly Likely” Test: Commentary on Hippolyte v Secretary of State for the Home Department [2025] EWCA Civ 1493

Non‑Fettering, Residual Immigration Discretion and the Limits of the “Highly Likely” Test: Commentary on Hippolyte v Secretary of State for the Home Department [2025] EWCA Civ 1493

Date: Nov 24, 2025
Non‑Fettering, Residual Immigration Discretion and the Limits of the “Highly Likely” Test: Commentary on Hippolyte v Secretary of State for the Home Department [2025] EWCA Civ 1493 1. Introduction...
The Exceptional Threshold for Setting Aside Administration Orders and the Effect of Pensions Regulator Vesting Orders: Commentary on Incartus Ltd (In Administration) [2025] NICA 58

The Exceptional Threshold for Setting Aside Administration Orders and the Effect of Pensions Regulator Vesting Orders: Commentary on Incartus Ltd (In Administration) [2025] NICA 58

Date: Nov 22, 2025
The Exceptional Threshold for Setting Aside Administration Orders and the Effect of Pensions Regulator Vesting Orders: Commentary on Incartus Ltd (In Administration) [2025] NICA 58 1. Introduction...
Immigration Bail as an Independent Suitability Bar under Appendix Skilled Worker and the Procedural Role of Paragraph 39E – Commentary on Kaur & Ors v SSHD [2025] EWCA Civ 1474

Immigration Bail as an Independent Suitability Bar under Appendix Skilled Worker and the Procedural Role of Paragraph 39E – Commentary on Kaur & Ors v SSHD [2025] EWCA Civ 1474

Date: Nov 22, 2025
Immigration Bail as an Independent Suitability Bar under Appendix Skilled Worker and the Procedural Role of Paragraph 39E 1. Introduction This commentary analyses the Court of Appeal’s decision in...
Hemming v Poulton [2025] EWCA Civ 1494: Context, Repetition, and Preliminary Issues in Modern Defamation Law

Hemming v Poulton [2025] EWCA Civ 1494: Context, Repetition, and Preliminary Issues in Modern Defamation Law

Date: Nov 22, 2025
Hemming v Poulton [2025] EWCA Civ 1494: Context, Repetition, and Preliminary Issues in Modern Defamation Law 1. Introduction This commentary examines the Court of Appeal’s decision in Hemming v...
Correctness before Comity: Cross‑Jurisdictional Precedent, Article 14 Status and the Contributory Principle in Jwanczuk v Secretary of State [2025] UKSC 42

Correctness before Comity: Cross‑Jurisdictional Precedent, Article 14 Status and the Contributory Principle in Jwanczuk v Secretary of State [2025] UKSC 42

Date: Nov 22, 2025
Correctness before Comity: Cross‑Jurisdictional Precedent, Article 14 Status and the Contributory Principle in Jwanczuk v Secretary of State [2025] UKSC 42 1. Introduction The Supreme Court’s...
Remorse, Electronic Monitoring Credit and Undue Leniency: Commentary on HM Advocate v STP [2025] HCJAC 51

Remorse, Electronic Monitoring Credit and Undue Leniency: Commentary on HM Advocate v STP [2025] HCJAC 51

Date: Nov 22, 2025
Remorse, Electronic Monitoring Credit and Undue Leniency: Commentary on HM Advocate v STP [2025] HCJAC 51 1. Introduction The decision of the Appeal Court, High Court of Justiciary in HM Advocate v...
Objective State Records, Self‑Generated Tax Returns and Abuse of Rights under the Free Movement Regime: Commentary on Nisa v Minister for Justice [2025] IEHC 647

Objective State Records, Self‑Generated Tax Returns and Abuse of Rights under the Free Movement Regime: Commentary on Nisa v Minister for Justice [2025] IEHC 647

Date: Nov 22, 2025
Objective State Records, Self‑Generated Tax Returns and Abuse of Rights under the Free Movement Regime: Commentary on Nisa v The Minister for Justice [2025] IEHC 647 1. Introduction This commentary...
Ensuring Totality in Rape Sentencing: R v Smith [2025] EWCA Crim 1610 and Uplifts for Multiple Sexual Offences

Ensuring Totality in Rape Sentencing: R v Smith [2025] EWCA Crim 1610 and Uplifts for Multiple Sexual Offences

Date: Nov 22, 2025
Ensuring Totality in Rape Sentencing: R v Smith [2025] EWCA Crim 1610 and Uplifts for Multiple Sexual Offences 1. Introduction The decision in Smith, R. v [2025] EWCA Crim 1610 is a significant Court...
The Obligation to Adjourn for a Pre‑Sentence Report Before Refusing a Suspended Sentence in Borderline Custody Cases: Commentary on R v Jode [2025] EWCA Crim 1617

The Obligation to Adjourn for a Pre‑Sentence Report Before Refusing a Suspended Sentence in Borderline Custody Cases: Commentary on R v Jode [2025] EWCA Crim 1617

Date: Nov 22, 2025
The Obligation to Adjourn for a Pre‑Sentence Report Before Refusing a Suspended Sentence in Borderline Custody Cases: Commentary on R v Jode [2025] EWCA Crim 1617 1. Introduction This commentary...
Termination on Notice, Psychiatric Injury and Reputation in Commercial Consultancy Contracts: Commentary on Tracey t/a Engineering Design and Management v Burton & Ors [2025] IEHC 689

Termination on Notice, Psychiatric Injury and Reputation in Commercial Consultancy Contracts: Commentary on Tracey t/a Engineering Design and Management v Burton & Ors [2025] IEHC 689

Date: Nov 22, 2025
Termination on Notice and the Limits of Tort Duties in Commercial Consultancy Contracts: Commentary on Tracey t/a Engineering Design and Management v Burton & Ors [2025] IEHC 689 1. Introduction This...

    Private Prosecutors’ Costs, Candour and Engagement with State Authorities:
    Commentary on Taktouk v Benherst Finance Ltd & Anor [2025] EWCA Crim 1473

Private Prosecutors’ Costs, Candour and Engagement with State Authorities: Commentary on Taktouk v Benherst Finance Ltd & Anor [2025] EWCA Crim 1473

Date: Nov 21, 2025
Private Prosecutors’ Costs, Candour and Engagement with State Authorities: Commentary on Taktouk v Benherst Finance Ltd & Anor, R (on the application of) [2025] EWCA Crim 1473 1. Introduction This...
Malik & Ors [2025] EWCA Crim 1482: Bad Character, Dangerousness and Firearms Sentencing in Large‑Scale EncroChat Conspiracies

Malik & Ors [2025] EWCA Crim 1482: Bad Character, Dangerousness and Firearms Sentencing in Large‑Scale EncroChat Conspiracies

Date: Nov 21, 2025
Malik & Ors [2025] EWCA Crim 1482: Bad Character, Dangerousness and Firearms Sentencing in Large‑Scale EncroChat Conspiracies 1. Introduction The decision in R v Malik & Ors [2025] EWCA Crim 1482...
BCZ [2025] EWCA Crim 1465: Jury Directions on Mens Rea for “Wilful” Child Cruelty by Assault under s.1 Children and Young Persons Act 1933

BCZ [2025] EWCA Crim 1465: Jury Directions on Mens Rea for “Wilful” Child Cruelty by Assault under s.1 Children and Young Persons Act 1933

Date: Nov 21, 2025
BCZ [2025] EWCA Crim 1465: Jury Directions on Mens Rea for “Wilful” Child Cruelty by Assault under s.1 Children and Young Persons Act 1933 1. Introduction The Court of Appeal (Criminal Division) in R...
Separate Humanitarian Assessment and the “Something More” Threshold in Section 49 Reviews: Commentary on S.M. v Minister for Justice [2025] IEHC 629

Separate Humanitarian Assessment and the “Something More” Threshold in Section 49 Reviews: Commentary on S.M. v Minister for Justice [2025] IEHC 629

Date: Nov 21, 2025
Separate Humanitarian Assessment and the “Something More” Threshold in Section 49 Reviews: Commentary on S.M. v Minister for Justice [2025] IEHC 629 1. Introduction This judgment of the High Court...
Murphy v Butler [2025] IEHC 636: Drafting Solicitor Evidence, Section 90 Succession Act 1965, and the Boundary with the Armchair Principle

Murphy v Butler [2025] IEHC 636: Drafting Solicitor Evidence, Section 90 Succession Act 1965, and the Boundary with the Armchair Principle

Date: Nov 21, 2025
Murphy v Butler [2025] IEHC 636: Drafting Solicitor Evidence, Section 90 Succession Act 1965, and the Boundary with the Armchair Principle 1. Introduction This High Court decision of Ms Justice Emily...
Rationality, Digital Status and Section 3C Leave: No General Public Law Duty to Provide Immediate eVisa Proof

Rationality, Digital Status and Section 3C Leave: No General Public Law Duty to Provide Immediate eVisa Proof

Date: Nov 21, 2025
Rationality, Digital Status and Section 3C Leave: No General Public Law Duty to Provide Immediate eVisa Proof 1. Introduction This Court of Appeal (Civil Division) judgment in Refugee and Migrant...
Cifci v London Borough of Sutton: Refusal of Suitable Move-On Accommodation as Effective Cause of Intentional Homelessness Despite Landlord’s Notice

Cifci v London Borough of Sutton: Refusal of Suitable Move-On Accommodation as Effective Cause of Intentional Homelessness Despite Landlord’s Notice

Date: Nov 21, 2025
Cifci v London Borough of Sutton: Refusal of Suitable Move-On Accommodation as Effective Cause of Intentional Homelessness Despite Landlord’s Notice 1. Introduction This commentary examines the Court...
Hamill v Revenue Commissioners: Limits of EU Rights of Defence and Access to File in Tax Audits Involving the Taxpayer’s Own Documents

Hamill v Revenue Commissioners: Limits of EU Rights of Defence and Access to File in Tax Audits Involving the Taxpayer’s Own Documents

Date: Nov 21, 2025
Hamill v Revenue Commissioners: Limits of EU Rights of Defence and Access to File in Tax Audits Involving the Taxpayer’s Own Documents 1. Introduction The decision of Quinn J in Hamill v The Revenue...
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