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  • Commentaries

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

Balancing False Allegations and Litigation Costs in Children Act Proceedings: A New Approach

Balancing False Allegations and Litigation Costs in Children Act Proceedings: A New Approach

Date: Mar 1, 2025
Balancing False Allegations and Litigation Costs in Children Act Proceedings: A New Approach Introduction The judgment in E (Children: Costs) [2025] EWCA Civ 183 from the England and Wales Court of...
Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB

Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB

Date: Mar 1, 2025
Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB Introduction The case of Olaszewski v The Residential Tenancies Board (Approved) [2025] IEHC 113...
Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327

Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327

Date: Mar 1, 2025
Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327 Introduction The judgment in McE v Chief Appeals Officer & Ors ([2025] IEHC 114) represents a...
Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals

Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals

Date: Mar 1, 2025
Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals Introduction In Raza v Minister for Justice ([2025]...
Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22

Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22

Date: Mar 1, 2025
Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22 Introduction King v Adam Potts ([2025] NICA 22) is a landmark decision of the Court of Appeal in...
Curtis v R (EWCA Crim 276): Thresholds for Leave to Appeal and Fresh Evidence

Curtis v R (EWCA Crim 276): Thresholds for Leave to Appeal and Fresh Evidence

Date: Feb 28, 2025
Curtis v R (EWCA Crim 276): Thresholds for Leave to Appeal and Fresh Evidence Introduction In Curtis v R ([2025] EWCA Crim 276), the England & Wales Court of Appeal (Criminal Division) reaffirmed the...
Clarifying the Tribunal’s Duty to Identify Claims Not Clearly Pleaded

Clarifying the Tribunal’s Duty to Identify Claims Not Clearly Pleaded

Date: Feb 28, 2025
Clarifying the Tribunal’s Duty to Identify Claims Not Clearly Pleaded 1. Introduction The case of Moustache v Chelsea And Westminster Hospital NHS Foundation Trust ([2025] EWCA Civ 185) revolves...
Reynolds v Chief Constable of the PSNI – Court of Appeal confirms that vehicle occupants fall within “persons in the specified area or place” and that delay in implementing Code-based community-monitoring does not vitiate Schedule 3 stop-and-search powers

Reynolds v Chief Constable of the PSNI – Court of Appeal confirms that vehicle occupants fall within “persons in the specified area or place” and that delay in implementing Code-based community-monitoring does not vitiate Schedule 3 stop-and-search powers

Date: Feb 28, 2025
Vehicle Occupants, Suspicion-less Searches and the Force of Codes: A Commentary on Reynolds, Application for Judicial Review ([2025] NICA 28) Introduction The Court of Appeal in Northern Ireland...

        “Beyond the Tent”: The Court of Appeal Confirms a Broad Evidential Canvas for Child-Cruelty Charges 
        and Re-states the Wide Discretion to Take Partial Verdicts – Commentary on Marten & Anor v Rex 
        ([2025] EWCA Crim 241)

“Beyond the Tent”: The Court of Appeal Confirms a Broad Evidential Canvas for Child-Cruelty Charges and Re-states the Wide Discretion to Take Partial Verdicts – Commentary on Marten & Anor v Rex ([2025] EWCA Crim 241)

Date: Feb 28, 2025
“Beyond the Tent”: The Court of Appeal Confirms a Broad Evidential Canvas for Child-Cruelty Charges and Re-states the Wide Discretion to Take Partial Verdicts Commentary on Marten & Anor v Rex...
R v To [2025] EWCA Crim 275: Industrial-Scale Spice Conspiracies and the Totality Principle in Sentencing

R v To [2025] EWCA Crim 275: Industrial-Scale Spice Conspiracies and the Totality Principle in Sentencing

Date: Feb 28, 2025
R v To [2025] EWCA Crim 275: Industrial-Scale Spice Conspiracies and the Totality Principle in Sentencing Introduction This appeal arises from the England and Wales Court of Appeal (Criminal...
Reaffirming the “Fresh Decision” Requirement in Pharmacy Service Reconsiderations

Reaffirming the “Fresh Decision” Requirement in Pharmacy Service Reconsiderations

Date: Feb 27, 2025
Reaffirming the “Fresh Decision” Requirement in Pharmacy Service Reconsiderations Introduction In Petition of Abbey Chemists LTD for Judicial Review (Court of Session) ([2025] CSOH 21), the Scottish...
Zgonec-Rozej & Ors v Pereira: Clarification of the Primacy of the “But For” Test in Negligence

Zgonec-Rozej & Ors v Pereira: Clarification of the Primacy of the “But For” Test in Negligence

Date: Feb 27, 2025
Zgonec-Rozej & Ors v Pereira: Clarification of the Primacy of the “But For” Test in Negligence Introduction This case, Zgonec-Rozej & Ors v Pereira ([2025] EWCA Civ 171), arose from the tragic death...
Clarifying the Retroactive Effect of British Citizenship Deprivation Orders

Clarifying the Retroactive Effect of British Citizenship Deprivation Orders

Date: Feb 27, 2025
Clarifying the Retroactive Effect of British Citizenship Deprivation Orders 1. Introduction This landmark ruling in N3 v Secretary of State for the Home Department [2025] UKSC 6 addresses critical...
Supreme Court Clarifies the Adverse Possession “Boundary Condition” Under the Land Registration Act 2002

Supreme Court Clarifies the Adverse Possession “Boundary Condition” Under the Land Registration Act 2002

Date: Feb 27, 2025
Supreme Court Clarifies the Adverse Possession “Boundary Condition” Under the Land Registration Act 2002 1. Introduction In Brown v Ridley & Anor (Rev1) ([2025] UKSC 7), the Supreme Court of the...
Reinforcing Judicial Discretion: Managing Jury Conduct and Defendant Behavior in Sensitive Sexual Offence Trials

Reinforcing Judicial Discretion: Managing Jury Conduct and Defendant Behavior in Sensitive Sexual Offence Trials

Date: Feb 27, 2025
Reinforcing Judicial Discretion: Managing Jury Conduct and Defendant Behavior in Sensitive Sexual Offence Trials Introduction This commentary provides a detailed examination of McMahon, R. v ([2025]...
Trimble v Cassidy: Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen

Trimble v Cassidy: Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen

Date: Feb 27, 2025
Trimble & Anor v Cassidy & Anor ([2025] NICA 31) – Court of Appeal in Northern Ireland “Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen” 1....
Unequivocal Indication Requirement for Maximum Guilty Plea Credit under the Sentencing Council’s Reduction Guideline

Unequivocal Indication Requirement for Maximum Guilty Plea Credit under the Sentencing Council’s Reduction Guideline

Date: Feb 27, 2025
Unequivocal Indication Requirement for Maximum Guilty Plea Credit under the Sentencing Council’s Reduction Guideline Introduction The Court of Appeal’s decision in R v Kabir ([2025] EWCA Crim 411)...
Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour

Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour

Date: Feb 27, 2025
Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour Introduction The Judgment in Nesfield, R. v ([2025] EWCA Crim 233) presents a...
Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements

Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements

Date: Feb 27, 2025
Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements Introduction The case of Plymouth Community Homes Ltd v Crisplane Ltd ([2025] EWCA Civ 346) addresses a...
Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers

Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers

Date: Feb 26, 2025
Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers Introduction The Judgment in Revenue and Customs v The Applicants in the Post...
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