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  • Commentaries

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The Incorporation of 'Costs of the Adjudication' in the Statutory Time Limit for Consideration under the 2015 Act

The Incorporation of 'Costs of the Adjudication' in the Statutory Time Limit for Consideration under the 2015 Act

Date: Mar 5, 2025
The Incorporation of "Costs of the Adjudication" in the Statutory Time Limit for Consideration under the 2015 Act Introduction This commentary examines the High Court’s decision in H.J. Ward LLP v...
R v Diabate [2025] EWCA Crim 283: Threatened Remand Cannot Override the Right to Representation — Immediate Custody Unlawful Under s226 SA 2020 Absent a Genuine Waiver

R v Diabate [2025] EWCA Crim 283: Threatened Remand Cannot Override the Right to Representation — Immediate Custody Unlawful Under s226 SA 2020 Absent a Genuine Waiver

Date: Mar 5, 2025
R v Diabate [2025] EWCA Crim 283: Threatened Remand Cannot Override the Right to Representation — Immediate Custody Unlawful Under s226 SA 2020 Absent a Genuine Waiver Court: Court of Appeal...
Clarifying “Vulnerable Places” and “Risk of Serious Disorder” in Knife-Possession Sentencing – Commentary on R v Williams [2025] EWCA Crim 873

Clarifying “Vulnerable Places” and “Risk of Serious Disorder” in Knife-Possession Sentencing – Commentary on R v Williams [2025] EWCA Crim 873

Date: Mar 5, 2025
Clarifying “Vulnerable Places” and “Risk of Serious Disorder” in Knife-Possession Sentencing Commentary on R v Williams [2025] EWCA Crim 873 1. Introduction The Court of Appeal’s decision in R v...
New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation

New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation

Date: Mar 5, 2025
New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation Introduction The judgment in Murphy v An Bord Pleanala & Anor (Approved) ([2025] IEHC 117)...
Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law

Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law

Date: Mar 4, 2025
Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law Introduction In the recent judgment of Jones Owusu for Judicial Review ([2025]...
Establishing Divisible Causation: A New Approach to Damages in Multifactorial Childhood Abuse Cases

Establishing Divisible Causation: A New Approach to Damages in Multifactorial Childhood Abuse Cases

Date: Mar 4, 2025
Establishing Divisible Causation: A New Approach to Damages in Multifactorial Childhood Abuse Cases Introduction The Court of Session’s decision in F against Gordon Chalmers and others ([2025] CSOH...
Conditional Restoration of Practising Certificates: Establishing Discretion Based on Recent Experience

Conditional Restoration of Practising Certificates: Establishing Discretion Based on Recent Experience

Date: Mar 4, 2025
Conditional Restoration of Practising Certificates: Establishing Discretion Based on Recent Experience Introduction The judgment in the appeal by Patrick Henry McAuley against the decision of the...
Sandhu v Enterprise Rent-A-Car Ltd: Defining Aggregation in Harassment Claims and Assessing Reasonableness in Dismissal

Sandhu v Enterprise Rent-A-Car Ltd: Defining Aggregation in Harassment Claims and Assessing Reasonableness in Dismissal

Date: Mar 4, 2025
Sandhu v Enterprise Rent-A-Car Ltd: Defining Aggregation in Harassment Claims and Assessing Reasonableness in Dismissal Introduction The case of Sandhu v Enterprise Rent-A-Car Ltd ([2025] EWCA Civ...
Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010

Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010

Date: Mar 4, 2025
Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010 Introduction The judgment in Child and Family Agency & Ors v Adoption Authority of Ireland & Ors...
Revisiting the Proximity Requirement in Secondary Victim Claims: Insights from Young v Downey ([2025] EWCA Civ 177)

Revisiting the Proximity Requirement in Secondary Victim Claims: Insights from Young v Downey ([2025] EWCA Civ 177)

Date: Mar 3, 2025
Revisiting the Proximity Requirement in Secondary Victim Claims: Insights from Young v Downey ([2025] EWCA Civ 177) Introduction In the landmark case of Young v Downey ([2025] EWCA Civ 177), the...
Clarifying the Non-Binding Nature of Competent Body Findings: Insights from XYZ v Disclosure and Barring Service

Clarifying the Non-Binding Nature of Competent Body Findings: Insights from XYZ v Disclosure and Barring Service

Date: Mar 3, 2025
Clarifying the Non-Binding Nature of Competent Body Findings: Insights from XYZ v Disclosure and Barring Service Introduction The judgment in XYZ v Disclosure and Barring Service ([2025] EWCA Civ...
Transforming Discretionary Leave Policy: Transitional Provisions and ECAT Article 14(1)(a)

Transforming Discretionary Leave Policy: Transitional Provisions and ECAT Article 14(1)(a)

Date: Mar 3, 2025
Transforming Discretionary Leave Policy: Transitional Provisions and ECAT Article 14(1)(a) 1. Introduction The case of Secretary of State for the Home Department v S ([2025] EWCA Civ 188) represents...
FRAND in Cross‐Licensing and Jurisdiction: Recalibrating Good Faith in Global SEP Disputes

FRAND in Cross‐Licensing and Jurisdiction: Recalibrating Good Faith in Global SEP Disputes

Date: Mar 3, 2025
FRAND in Cross‐Licensing and Jurisdiction: Recalibrating Good Faith in Global SEP Disputes Introduction The Judgment in Lenovo Group Ltd & Ors v Telefonaktiebolaget LM Ericsson (PUBL) & Anor ([2025]...
Reaffirming the Limits of the Chikwamba Principle: A New Framework for Article 8 Proportionality in Immigration Cases

Reaffirming the Limits of the Chikwamba Principle: A New Framework for Article 8 Proportionality in Immigration Cases

Date: Mar 3, 2025
Reaffirming the Limits of the Chikwamba Principle: A New Framework for Article 8 Proportionality in Immigration Cases 1. Introduction The judgment in Butt v Secretary of State for the Home Department...
New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor

New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor

Date: Mar 1, 2025
New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor Introduction The judgment in Ruddy, R. v ([2025] NICA 13) by the Court of Appeal in Northern Ireland establishes a...
Establishing the Legality of Conspiring to Encourage or Assist Criminal Offences under Section 46 of the Serious Crime Act 2007: Insights from Russo & Ors R. v ([2025] EWCA Crim 169)

Establishing the Legality of Conspiring to Encourage or Assist Criminal Offences under Section 46 of the Serious Crime Act 2007: Insights from Russo & Ors R. v ([2025] EWCA Crim 169)

Date: Mar 1, 2025
Establishing the Legality of Conspiring to Encourage or Assist Criminal Offences under Section 46 of the Serious Crime Act 2007 Introduction The judgment in Russo & Ors, R. v ([2025] EWCA Crim 169)...
Distinguishing Roles in Aggregate Sentencing: Adjustments for Proportionality in Dual Shooting Offences

Distinguishing Roles in Aggregate Sentencing: Adjustments for Proportionality in Dual Shooting Offences

Date: Mar 1, 2025
Distinguishing Roles in Aggregate Sentencing: Adjustments for Proportionality in Dual Shooting Offences Introduction The case of Lawrence, R. v ([2025] EWCA Crim 181) addresses the complex issue of...
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...
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