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  • Commentaries

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Early Termination Rights and the Modern Meaning of “Financial Institution” in Aircraft JOLCO Structures – Commentary on VietJet Aviation Joint Stock Company v FW Aviation (Holdings) 1 Ltd [2025] EWCA Civ 783

Early Termination Rights and the Modern Meaning of “Financial Institution” in Aircraft JOLCO Structures – Commentary on VietJet Aviation Joint Stock Company v FW Aviation (Holdings) 1 Ltd [2025] EWCA Civ 783

Date: Jun 25, 2025
Early Termination Rights and the Modern Meaning of “Financial Institution” in Aircraft JOLCO Structures – Commentary on VietJet Aviation JSC v FW Aviation (Holdings) 1 Ltd ([2025] EWCA Civ 783) 1....
From Portal to Courtroom: The Court of Appeal Confirms Case-Management Jurisdiction over Pre-Action Protocol Compliance once Protective Part 8 Proceedings are Issued – Commentary on MH Site Maintenance Services Ltd & Anor v Watson [2025] EWCA Civ 775

From Portal to Courtroom: The Court of Appeal Confirms Case-Management Jurisdiction over Pre-Action Protocol Compliance once Protective Part 8 Proceedings are Issued – Commentary on MH Site Maintenance Services Ltd & Anor v Watson [2025] EWCA Civ 775

Date: Jun 25, 2025
From Portal to Courtroom: The Court of Appeal Confirms Case-Management Jurisdiction over Pre-Action Protocol Compliance once Protective Part 8 Proceedings are Issued – Commentary on MH Site...
Clark v Elbanna: Clarifying the Overlap of Recklessness and Negligence in Contact-Sport Injuries

Clark v Elbanna: Clarifying the Overlap of Recklessness and Negligence in Contact-Sport Injuries

Date: Jun 25, 2025
Clark v Elbanna: Clarifying the Overlap of Recklessness and Negligence in Contact-Sport Injuries 1. Introduction In Clark v Elbanna ([2025] EWCA Civ 776) the Court of Appeal was asked to revisit the...
The “Arising-From” Test for Incidental Use: Supreme Court Clarifies Section 356LA(3) CTA 2010 in Revenue and Customs v Dolphin Drilling Ltd

The “Arising-From” Test for Incidental Use: Supreme Court Clarifies Section 356LA(3) CTA 2010 in Revenue and Customs v Dolphin Drilling Ltd

Date: Jun 25, 2025
The “Arising-From” Test for Incidental Use: Revenue and Customs v Dolphin Drilling Ltd ([2025] UKSC 24) Introduction In Revenue and Customs v Dolphin Drilling Ltd the United Kingdom Supreme Court...
“Looking Beyond the Checkout”: The Supreme Court Affirms Post-Sale Context as a Stand-Alone Source of Trade-Mark Confusion – Commentary on Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2025] UKSC 25

“Looking Beyond the Checkout”: The Supreme Court Affirms Post-Sale Context as a Stand-Alone Source of Trade-Mark Confusion – Commentary on Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2025] UKSC 25

Date: Jun 25, 2025
“Looking Beyond the Checkout”: The Supreme Court Affirms Post-Sale Context as a Stand-Alone Source of Trade-Mark Confusion Commentary on Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc &...
“Reasonable Lines of Inquiry” Re-affirmed: BTC, R. v ([2025] EWCA Crim 902)

“Reasonable Lines of Inquiry” Re-affirmed: BTC, R. v ([2025] EWCA Crim 902)

Date: Jun 25, 2025
“Reasonable Lines of Inquiry” Re-affirmed: The Court of Appeal Clarifies Prosecution and Defence Duties in Child-Sex Cases – A Commentary on BTC, R. v ([2025] EWCA Crim 902) Introduction In BTC, R. v...
Criminal Assets Bureau v. O’Brien & Anor – Clarifying the “Serious Risk of Injustice” and Proportionality Tests under the Proceeds of Crime Act 1996

Criminal Assets Bureau v. O’Brien & Anor – Clarifying the “Serious Risk of Injustice” and Proportionality Tests under the Proceeds of Crime Act 1996

Date: Jun 25, 2025
Criminal Assets Bureau v. O’Brien & Anor – Clarifying the “Serious Risk of Injustice” and Proportionality Tests under the Proceeds of Crime Act 1996 1. Introduction The High Court’s decision in...

        Bord na Móna Biomass v Gorman – High Court Reinforces the Conclusive Effect of the Land Registry and Summarily Rejects “Sovereign-Citizen” Jurisdiction Challenges

Bord na Móna Biomass v Gorman – High Court Reinforces the Conclusive Effect of the Land Registry and Summarily Rejects “Sovereign-Citizen” Jurisdiction Challenges

Date: Jun 25, 2025
Bord na Móna Biomass v Gorman – High Court Reinforces the Conclusive Effect of the Land Registry and Summarily Rejects “Sovereign-Citizen” Jurisdiction Challenges Introduction In Bord na Móna Biomass...
R v Larkin [2025] EWCA Crim 1222: Reaffirming the “One Starting Point” Rule and Clarifying Category 1 Harm in Coercive Control Sentencing

R v Larkin [2025] EWCA Crim 1222: Reaffirming the “One Starting Point” Rule and Clarifying Category 1 Harm in Coercive Control Sentencing

Date: Jun 25, 2025
R v Larkin [2025] EWCA Crim 1222: Reaffirming the “One Starting Point” Rule and Clarifying Category 1 Harm in Coercive Control Sentencing Introduction This commentary examines the Court of Appeal...
Mahmud v Minister for Justice — The “Objective-Evidence” Standard for Revoking EU Residence Rights

Mahmud v Minister for Justice — The “Objective-Evidence” Standard for Revoking EU Residence Rights

Date: Jun 25, 2025
Mahmud v Minister for Justice — The “Objective-Evidence” Standard for Revoking EU Residence Rights 1. Introduction In Mahmud v Minister for Justice ([2025] IEHC 356) the High Court (O’Donnell J.)...
R v WAG: Court of Appeal Clarifies the “Lead-Offence” Method and the Need for Discrete Sentences When Dealing with Multiple Sexual Offences

R v WAG: Court of Appeal Clarifies the “Lead-Offence” Method and the Need for Discrete Sentences When Dealing with Multiple Sexual Offences

Date: Jun 25, 2025
R v WAG: Court of Appeal Clarifies the “Lead-Offence” Method and the Need for Discrete Sentences When Dealing with Multiple Sexual Offences Introduction In WAG, R. v ([2025] EWCA Crim 968) the...
“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412

“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412

Date: Jun 25, 2025
“Proportional Discovery and Alternative Sources” – The Guiding Rule from DS v Minister for Defence & Ors [2025] IEHC 412 1. Introduction DS v Minister for Defence & Ors centres on a serving soldier’s...
Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications

Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications

Date: Jun 25, 2025
Downtul v Companies Act — Clarifying Directors’ Responsibilities within Groups and the Boundaries of Expert Evidence in Irish Restriction Applications 1. Introduction Downtul Ltd (In Liquidation) v...
“Specific Terrorist Activity” Redefined: A Commentary on Niinemae v R [2025] EWCA Crim 984

“Specific Terrorist Activity” Redefined: A Commentary on Niinemae v R [2025] EWCA Crim 984

Date: Jun 25, 2025
“Specific Terrorist Activity” Redefined: A Commentary on Niinemae v R [2025] EWCA Crim 984 Introduction The Court of Appeal’s decision in Niinemae v R provides the most authoritative guidance to date...
Ibrahim v Rex ([2025] EWCA Crim 983): Refocusing Adverse-Inference Directions on Defence Case Statements

Ibrahim v Rex ([2025] EWCA Crim 983): Refocusing Adverse-Inference Directions on Defence Case Statements

Date: Jun 24, 2025
Ibrahim v Rex ([2025] EWCA Crim 983): Refocusing Adverse-Inference Directions on Defence Case Statements Introduction The Court of Appeal (Criminal Division) has delivered an important decision...
Lucas v Eurocoach (NI) Ltd:  The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act 1995

Lucas v Eurocoach (NI) Ltd: The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act 1995

Date: Jun 23, 2025
Lucas v Eurocoach (NI) Ltd: The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act...
CD v R [2025] NICA 34 –  When Missing Words Do Not Miscarry Justice:  The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions

CD v R [2025] NICA 34 – When Missing Words Do Not Miscarry Justice: The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions

Date: Jun 23, 2025
CD v R [2025] NICA 34 – When Missing Words Do Not Miscarry Justice: The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions 1. Introduction CD v R ([2025] NICA 34) is a Court of Appeal...
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant

Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant

Date: Jun 23, 2025
Supplementary Information as a Cure-All: The Scottish Confirmation that Missing “Place of Offence” Details Do Not Invalidate a Part 1 Extradition Warrant Introduction In Application for Leave to...
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (NMC Extension Cases, [2025] CSOH 51)

“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (NMC Extension Cases, [2025] CSOH 51)

Date: Jun 23, 2025
“From Rubber-Stamp to Robust Scrutiny” – The Court of Session’s Proportionality Test for Extending Interim Regulatory Orders (The Nursing & Midwifery Council for Extension of Time Periods of Interim...
Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40

Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40

Date: Jun 21, 2025
Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40 Introduction Court: Court of Appeal in Northern Ireland | Date: 20 June 2025 Coram: Keegan LCJ,...
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