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  • Commentaries

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


“Exceptional, Not Illogical” – When a Conditional Discharge
Outweighs the “Three-Strike” Minimum:
Commentary on McMullen, R. v  ([2025] EWCA Crim 1112)

“Exceptional, Not Illogical” – When a Conditional Discharge Outweighs the “Three-Strike” Minimum: Commentary on McMullen, R. v ([2025] EWCA Crim 1112)

Date: Jul 30, 2025
“Exceptional, Not Illogical” – When a Conditional Discharge Outweighs the “Three-Strike” Minimum: Commentary on McMullen, R. v ([2025] EWCA Crim 1112) 1. Introduction The Court of Appeal’s decision...
Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of Ireland [2025] IEHC 484

Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of Ireland [2025] IEHC 484

Date: Jul 30, 2025
Granting Leave to Amend as a Procedural Safeguard before Strike‑Out; Collateral Attacks Will Be Dismissed; Tailored Isaac Wunder Orders to Protect Court Administration — Nowak v Courts Service of...
The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction

The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction

Date: Jul 28, 2025
The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction 1. Introduction Niland v R ([2025] EWCA Crim 945) is a decision of the Court of...
“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd v Secretary of State [2025] EWCA Civ 990

“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd v Secretary of State [2025] EWCA Civ 990

Date: Jul 28, 2025
“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd (RCA) v Secretary of State for Housing, Communities...
Kapikanya v Secretary of State for the Home Department: Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002

Kapikanya v Secretary of State for the Home Department: Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002

Date: Jul 28, 2025
Kapikanya v Secretary of State for the Home Department [2025] EWCA Civ 987 Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002 1. Introduction This Court...
DP v London Borough of Lambeth – Court of Appeal Establishes Flexible Duty on Tribunals to Detect and Remedy Litigant Incapacity

DP v London Borough of Lambeth – Court of Appeal Establishes Flexible Duty on Tribunals to Detect and Remedy Litigant Incapacity

Date: Jul 28, 2025
DP v London Borough of Lambeth ([2025] EWCA Civ 985) A New Precedent on Procedural Fairness, Mental Capacity, and the Tribunal’s “Flexible Duty” Introduction In DP v London Borough of Lambeth the...
Home-to-Assignment Travel Is Not “Time Work” – Commissioners for HMRC v Taylors Services Ltd & Ors [2025] EWCA Civ 956

Home-to-Assignment Travel Is Not “Time Work” – Commissioners for HMRC v Taylors Services Ltd & Ors [2025] EWCA Civ 956

Date: Jul 28, 2025
Home-to-Assignment Travel Is Not “Time Work”: Commissioners for HMRC v Taylors Services Ltd & Ors ([2025] EWCA Civ 956) England and Wales Court of Appeal (Civil Division), 24 July 2025 – Bean LJ...

A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights

A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights

Date: Jul 28, 2025
A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights Commentary on AP Wireless...
Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH for Orders under the Child Abduction and Custody Act 1985 [2025] CSOH 67

Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH for Orders under the Child Abduction and Custody Act 1985 [2025] CSOH 67

Date: Jul 26, 2025
Arrest Warrants, Child Settlement & Objections: The New Tripartite Test for Refusing Return under the Hague Convention – Commentary on DBH [2025] CSOH 67 1. Introduction In DBH for orders under the...
McGrath v R: Court of Appeal Affirms the Strict Tests for
         (i) Extensions of Time, (ii) Varying Grounds of Appeal,
         and (iii) Admission of Fresh Evidence

McGrath v R: Court of Appeal Affirms the Strict Tests for (i) Extensions of Time, (ii) Varying Grounds of Appeal, and (iii) Admission of Fresh Evidence

Date: Jul 26, 2025
McGrath v R: Court of Appeal Affirms the Strict Tests for Extensions of Time, Varying Grounds of Appeal, and Admission of Fresh Evidence 1. Introduction In McGrath, R. v ([2025] EWCA Crim 1103) the...
Hicsonmez v Minister for Justice: The High Court Confirms the Mandatory Nature of the 70 + 30-Day Absence Rule in s.15C Irish Nationality & Citizenship Act 1956

Hicsonmez v Minister for Justice: The High Court Confirms the Mandatory Nature of the 70 + 30-Day Absence Rule in s.15C Irish Nationality & Citizenship Act 1956

Date: Jul 26, 2025
Hicsonmez v Minister for Justice: The High Court Confirms the Mandatory Nature of the 70 + 30-Day Absence Rule in s.15C Irish Nationality & Citizenship Act 1956 1. Introduction This commentary...
“Article V as Shield, Not Sword” – The Court of Appeal Bars Pre-emptive New-York-Convention Challenges (Star Hydro Power Ltd v NTDCL)

“Article V as Shield, Not Sword” – The Court of Appeal Bars Pre-emptive New-York-Convention Challenges (Star Hydro Power Ltd v NTDCL)

Date: Jul 25, 2025
“Article V as Shield, Not Sword” – The Court of Appeal Bars Pre-emptive New-York-Convention Challenges Star Hydro Power Ltd v National Transmission & Despatch Company Ltd ([2025] EWCA Civ 928) 1....
“Adequate Reasons & Proportionate Conditions” – The Court of Appeal’s Re-statement of CPR 3.1(3) Principles in GLAS SAS (London Branch) v European Topsoho SARL

“Adequate Reasons & Proportionate Conditions” – The Court of Appeal’s Re-statement of CPR 3.1(3) Principles in GLAS SAS (London Branch) v European Topsoho SARL

Date: Jul 25, 2025
“Adequate Reasons & Proportionate Conditions” – The Court of Appeal’s Re-statement of CPR 3.1(3) Principles in GLAS SAS (London Branch) v European Topsoho SARL ([2025] EWCA Civ 933) 1. Introduction...
Defining Advertising-Service Sub-Categories:  The “Printed-Publications” Test after easyGroup Ltd v Easy Live (Services) Ltd [2025] EWCA Civ 946

Defining Advertising-Service Sub-Categories: The “Printed-Publications” Test after easyGroup Ltd v Easy Live (Services) Ltd [2025] EWCA Civ 946

Date: Jul 25, 2025
Defining Advertising-Service Sub-Categories: The “Printed-Publications” Test after easyGroup Ltd v Easy Live (Services) Ltd ([2025] EWCA Civ 946) Introduction The Court of Appeal’s decision in...

        A Single Standard for “Conducive to the Public Good” Deprivation Appeals:
        Extending U3 Beyond National-Security to Serious Organised Crime

A Single Standard for “Conducive to the Public Good” Deprivation Appeals: Extending U3 Beyond National-Security to Serious Organised Crime

Date: Jul 25, 2025
A Single Standard for “Conducive to the Public Good” Deprivation Appeals: The Court of Appeal in D5 & Ors v SSHD ([2025] EWCA Civ 957) Broadens the U3 Principle to Serious Organised Crime Cases 1....
Clarifying the “Starting Point” in Sentencing Guidelines: Annotations on R v Nixon [2025] EWCA Crim 1090

Clarifying the “Starting Point” in Sentencing Guidelines: Annotations on R v Nixon [2025] EWCA Crim 1090

Date: Jul 25, 2025
Clarifying the “Starting Point” in Sentencing Guidelines: Commentary on R v Nixon [2025] EWCA Crim 1090 1. Introduction R v Nixon is a 2025 decision of the Court of Appeal (Criminal Division) that...
“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995

“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995

Date: Jul 24, 2025
“No Ejection Necessary” – The Court of Session Clarifies Local Authorities’ Immediate Duty to Accommodate Children under s 25(1)(c) of the Children (Scotland) Act 1995 1. Introduction The Outer House...
Keep Chiswell Green:  Clarifying the Post-Inquiry “Material Consideration” Duty and Rejecting a Strict Procedural Bar

Keep Chiswell Green: Clarifying the Post-Inquiry “Material Consideration” Duty and Rejecting a Strict Procedural Bar

Date: Jul 24, 2025
Keep Chiswell Green v Secretary of State for Housing, Communities and Local Government & Ors ([2025] EWCA Civ 958) Commentary: “No Automatic Procedural Bar, but a High Hurdle for Late-Arising...
Regents v Accord:  The Court of Appeal Re-frames “Context” and Hindsight in Obviousness Analyses for Pharmaceutical Patents

Regents v Accord: The Court of Appeal Re-frames “Context” and Hindsight in Obviousness Analyses for Pharmaceutical Patents

Date: Jul 24, 2025
Regents v Accord: The Court of Appeal Re-frames “Context” and Hindsight in Obviousness Analyses for Pharmaceutical Patents 1. Introduction In Accord Healthcare Ltd & Ors v Regents of the University...
Stevens v Hotel Portfolio II UK Ltd –  The Supreme Court Broadens Equitable Compensation for Dishonest Assistance

Stevens v Hotel Portfolio II UK Ltd – The Supreme Court Broadens Equitable Compensation for Dishonest Assistance

Date: Jul 24, 2025
Stevens v Hotel Portfolio II UK Ltd – The Supreme Court Broadens Equitable Compensation for Dishonest Assistance 1. Introduction Stevens v Hotel Portfolio II UK Ltd & Anor ([2025] UKSC 28) is a...
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