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  • Commentaries

vesting-of-trusts-at-death:-insights-from-waters& Case Commentaries

Supreme Court Establishes Bar on Private Nuisance Claims Against Sewerage Undertakers Under the Water Industry Act 1991

Supreme Court Establishes Bar on Private Nuisance Claims Against Sewerage Undertakers Under the Water Industry Act 1991

Date: Jul 3, 2024
Supreme Court Establishes Bar on Private Nuisance Claims Against Sewerage Undertakers Under the Water Industry Act 1991 Introduction The landmark case of The Manchester Ship Canal Company Ltd v...
Finality in Litigation and Fraud on the Court: Insights from JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] CSIH 16

Finality in Litigation and Fraud on the Court: Insights from JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] CSIH 16

Date: Jul 3, 2024
Finality in Litigation and Fraud on the Court: Insights from JOHN GLARE AGAINST CLYDESDALE BANK PLC [2024] CSIH 16 Introduction The case of John Glare against Clydesdale Bank PLC ([2024] CSIH 16)...
Khan v EWCA Crim 809: Clarifications on Sentencing Repeat Drug Offenders Under Drug Guidelines

Khan v EWCA Crim 809: Clarifications on Sentencing Repeat Drug Offenders Under Drug Guidelines

Date: Jul 3, 2024
Khan v EWCA Crim 809: Clarifications on Sentencing Repeat Drug Offenders Under Drug Guidelines Introduction In the case of Khan, R. v ([2024] EWCA Crim 809), the appellant, Khan, was convicted of...
Establishing the Validity of Charge Transfers and Possession Orders: EBS Mortgage Finance v Bedford

Establishing the Validity of Charge Transfers and Possession Orders: EBS Mortgage Finance v Bedford

Date: Jul 2, 2024
Establishing the Validity of Charge Transfers and Possession Orders: EBS Mortgage Finance v Bedford Introduction EBS Mortgage Finance & Anor v Bedford & Anor (Approved) ([2024] IEHC 407) is a pivotal...
High Court of Ireland Sets Precedents on Declaratory Relief and EU Regulation Compliance in GR Windfarms Ltd & Ors v CRU [2024] IEHC 390

High Court of Ireland Sets Precedents on Declaratory Relief and EU Regulation Compliance in GR Windfarms Ltd & Ors v CRU [2024] IEHC 390

Date: Jul 2, 2024
High Court of Ireland Sets Precedents on Declaratory Relief and EU Regulation Compliance in GR Windfarms Ltd & Ors v CRU [2024] IEHC 390 Introduction The case of GR Windfarms Ltd & Ors v Commission...
High Court of Ireland Establishes Clear Compensation Framework for Non-Market Based Redispatching in GR Windfarms Ltd & Ors v CRU

High Court of Ireland Establishes Clear Compensation Framework for Non-Market Based Redispatching in GR Windfarms Ltd & Ors v CRU

Date: Jul 2, 2024
High Court of Ireland Establishes Clear Compensation Framework for Non-Market Based Redispatching in GR Windfarms Ltd & Ors v CRU Introduction The case of GR Windfarms Ltd & Ors v Commission for...
Separate Consideration of Acquisition and Criminal Knowledge in s329(1)(a) Proceeds of Crime Act: Du R v [2024] EWCA Crim 713

Separate Consideration of Acquisition and Criminal Knowledge in s329(1)(a) Proceeds of Crime Act: Du R v [2024] EWCA Crim 713

Date: Jul 2, 2024
Separate Consideration of Acquisition and Criminal Knowledge in s329(1)(a) Proceeds of Crime Act: Du R v [2024] EWCA Crim 713 Introduction Du, R. v [2024] EWCA Crim 713 is a landmark judgment...
Revisiting Proof of Debt Amendments and Security Release in Bankruptcy: The Dixon v. Revenue Commissioners Case

Revisiting Proof of Debt Amendments and Security Release in Bankruptcy: The Dixon v. Revenue Commissioners Case

Date: Jul 2, 2024
Revisiting Proof of Debt Amendments and Security Release in Bankruptcy: The Dixon v. Revenue Commissioners Case Introduction The case of In the Matter of Henry Dixon [A Bankrupt] (Approved) ([2024]...
High Court Ruling in A.A. v Clinical Director of the Ashlin Centre: Reinforcing Procedural Safeguards in Involuntary Detentions

High Court Ruling in A.A. v Clinical Director of the Ashlin Centre: Reinforcing Procedural Safeguards in Involuntary Detentions

Date: Jul 2, 2024
High Court Ruling in A.A. v Clinical Director of the Ashlin Centre: Reinforcing Procedural Safeguards in Involuntary Detentions Introduction In the recent High Court case of A.A. v Clinical Director...
Refining Totality in Sentencing for Child Sexual Offences: Insights from Mhana, R. v ([2024] EWCA Crim 746)

Refining Totality in Sentencing for Child Sexual Offences: Insights from Mhana, R. v ([2024] EWCA Crim 746)

Date: Jun 29, 2024
Refining Totality in Sentencing for Child Sexual Offences: Insights from Mhana, R. v ([2024] EWCA Crim 746) Introduction The case of Mhana, R. v ([2024] EWCA Crim 746) marks a significant development...
Establishing the Culpability Framework for Extraterritorial Terrorism Preparation: R v Suleman [2024] EWCA Crim 804

Establishing the Culpability Framework for Extraterritorial Terrorism Preparation: R v Suleman [2024] EWCA Crim 804

Date: Jun 29, 2024
Establishing the Culpability Framework for Extraterritorial Terrorism Preparation: R v Suleman [2024] EWCA Crim 804 Introduction The case of Suleman, R. v ([2024] EWCA Crim 804) represents a...
Balance of Convenience in Public Contracts: AMEY OW LTD v North Lanarkshire Council [2024] ScotCS CSOH_66

Balance of Convenience in Public Contracts: AMEY OW LTD v North Lanarkshire Council [2024] ScotCS CSOH_66

Date: Jun 29, 2024
Balance of Convenience in Public Contracts: AMEY OW LTD v North Lanarkshire Council [2024] ScotCS CSOH_66 Introduction The case of AMEY OW Limited (the pursuer) versus North Lanarkshire Council (the...
Commissioners for HMRC v Altrad Services Ltd: Strengthening the Ramsay Doctrine Against Capital Allowance Tax Avoidance Schemes

Commissioners for HMRC v Altrad Services Ltd: Strengthening the Ramsay Doctrine Against Capital Allowance Tax Avoidance Schemes

Date: Jun 29, 2024
Commissioners for HMRC v Altrad Services Ltd: Strengthening the Ramsay Doctrine Against Capital Allowance Tax Avoidance Schemes Introduction The case of Commissioners for His Majesty's Revenue and...
Establishing the Role of Decision-Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: BD [A Ward of Court] Case Analysis

Establishing the Role of Decision-Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: BD [A Ward of Court] Case Analysis

Date: Jun 29, 2024
Establishing the Role of Decision-Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: BD [A Ward of Court] Case Analysis Introduction The case of In the Matter of BD [A...
Refusal of Surrender in War Crimes Cases: Minister for Justice & Equality v. Rakanovic [2024] IEHC 391

Refusal of Surrender in War Crimes Cases: Minister for Justice & Equality v. Rakanovic [2024] IEHC 391

Date: Jun 29, 2024
Refusal of Surrender in War Crimes Cases: Minister for Justice & Equality v. Rakanovic [2024] IEHC 391 Introduction The case of Minister for Justice & Equality v. Rakanovic (Approved) ([2024] IEHC...
Sentencing Discretion in Unduly Lenient Cases: Analysis of Quartey v The Crown Court [2024] EWCA Crim 745

Sentencing Discretion in Unduly Lenient Cases: Analysis of Quartey v The Crown Court [2024] EWCA Crim 745

Date: Jun 29, 2024
Sentencing Discretion in Unduly Lenient Cases: Analysis of Quartey v The Crown Court [2024] EWCA Crim 745 Introduction The case of Quartey, R. v The Crown Court ([2024] EWCA Crim 745) addresses...
High Court Upholds Panel's Decision on Admissibility of Evidence Obtained via Third-Party Unlawful Access in Disciplinary Proceedings

High Court Upholds Panel's Decision on Admissibility of Evidence Obtained via Third-Party Unlawful Access in Disciplinary Proceedings

Date: Jun 29, 2024
High Court Upholds Panel's Decision on Admissibility of Evidence Obtained via Third-Party Unlawful Access in Disciplinary Proceedings Introduction In the landmark case C v Panel of the Disciplinary...
Required Appropriate Assessment for Discharging Planning Conditions: CG Fry & Son Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor

Required Appropriate Assessment for Discharging Planning Conditions: CG Fry & Son Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor

Date: Jun 29, 2024
Required Appropriate Assessment for Discharging Planning Conditions: CG Fry & Son Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor Introduction The case CG Fry & Son Ltd v...
Affirmation of Cavendish Test for Penalties and Proper Costs Allocation in Houssein & Ors v London Credit Ltd [2024] EWCA Civ 721

Affirmation of Cavendish Test for Penalties and Proper Costs Allocation in Houssein & Ors v London Credit Ltd [2024] EWCA Civ 721

Date: Jun 29, 2024
Affirmation of Cavendish Test for Penalties and Proper Costs Allocation in Houssein & Ors v London Credit Ltd [2024] EWCA Civ 721 Introduction The case of Houssein & Ors v London Credit Ltd & Anor...
Establishing the Necessity of Decision-Making Representatives for Wards of Court under the Assisted Decision-Making (Capacity) Act 2015

Establishing the Necessity of Decision-Making Representatives for Wards of Court under the Assisted Decision-Making (Capacity) Act 2015

Date: Jun 29, 2024
Establishing the Necessity of Decision-Making Representatives for Wards of Court under the Assisted Decision-Making (Capacity) Act 2015 Introduction The High Court of Ireland, in the judgment In the...
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