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  • Commentaries

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R v Nzekwu: The Boundaries of Relevance & Disclosure in the Age of EncroChat

R v Nzekwu: The Boundaries of Relevance & Disclosure in the Age of EncroChat

Date: Mar 21, 2025
R v Nzekwu: The Boundaries of Relevance & Disclosure in the Age of EncroChat Introduction In Nzekwu & Anor, R. v ([2025] EWCA Crim 734) the Court of Appeal (Criminal Division) wrestled with two...
Principles for Minimum Terms in Joint-Enterprise Knife Murders and Concurrent Offences

Principles for Minimum Terms in Joint-Enterprise Knife Murders and Concurrent Offences

Date: Mar 21, 2025
Principles for Minimum Terms in Joint-Enterprise Knife Murders and Concurrent Offences Introduction In the Court of Appeal decision of Ambersley & Anor; R v Gedel ([2025] EWCA Crim 442), the court...
Solemn trials cannot commence in the accused’s absence: Section 92(2) requires in‑trial misconduct and actual presence; remote jury ballots before evidence are permissible

Solemn trials cannot commence in the accused’s absence: Section 92(2) requires in‑trial misconduct and actual presence; remote jury ballots before evidence are permissible

Date: Mar 21, 2025
Solemn trials cannot commence in the accused’s absence: Section 92(2) requires in‑trial misconduct and actual presence; remote jury ballots before evidence are permissible Case: Brian McElwain v HMA...
Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz

Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz

Date: Mar 19, 2025
Enhanced Discovery and Narrowed Witness Disclosure in Group Proceedings: New Guidance from William Mackie v Mercedes-Benz Introduction The judgment in William Mackie against Mercedes-Benz Group...
Clarifying the Boundaries of Suitability Reviews and Termination of Housing Duty: The Precedent of Ofori‐Addo v London Borough of Haringey

Clarifying the Boundaries of Suitability Reviews and Termination of Housing Duty: The Precedent of Ofori‐Addo v London Borough of Haringey

Date: Mar 19, 2025
Clarifying the Boundaries of Suitability Reviews and Termination of Housing Duty: The Precedent of Ofori‐Addo v London Borough of Haringey Introduction The case of Ofori‐Addo v London Borough of...
New Precedent on Evaluating Evidence and Inferences from Non-Attendance in Child Sexual Abuse Cases

New Precedent on Evaluating Evidence and Inferences from Non-Attendance in Child Sexual Abuse Cases

Date: Mar 19, 2025
New Precedent on Evaluating Evidence and Inferences from Non-Attendance in Child Sexual Abuse Cases Introduction The case of K & D (Children: Sexual Abuse Findings) [2025] EWCA Civ 263 presents a...
Judicial Discretion on Memory Directions in Criminal Trials: Nawaz v R [2025] EWCA Crim 637

Judicial Discretion on Memory Directions in Criminal Trials: Nawaz v R [2025] EWCA Crim 637

Date: Mar 19, 2025
Judicial Discretion on Memory Directions in Criminal Trials: Nawaz v R [2025] EWCA Crim 637 Introduction Nawaz v R ([2025] EWCA Crim 637) is an appeal against conviction in a case of non-recent rape...
Binding Effect of FTT Determinations on Entry Clearance: Clarifying Issue Estoppel and Article 8 in Immigration Law

Binding Effect of FTT Determinations on Entry Clearance: Clarifying Issue Estoppel and Article 8 in Immigration Law

Date: Mar 18, 2025
Binding Effect of FTT Determinations on Entry Clearance: Clarifying Issue Estoppel and Article 8 in Immigration Law Introduction The case of Tomlinson, R (On the Application Of) v Secretary of State...
Reconceptualizing "Provision of Plant": Expanding Capital Allowances in Offshore Windfarm Expenditure

Reconceptualizing "Provision of Plant": Expanding Capital Allowances in Offshore Windfarm Expenditure

Date: Mar 18, 2025
Reconceptualizing "Provision of Plant": Expanding Capital Allowances in Offshore Windfarm Expenditure Introduction The landmark judgment in Orsted West of Duddon Sands (UK) Ltd & Ors v Revenue And...
Reaffirming the Limits of the Modern Slavery Defense in Criminal Exploitation Cases

Reaffirming the Limits of the Modern Slavery Defense in Criminal Exploitation Cases

Date: Mar 18, 2025
Reaffirming the Limits of the Modern Slavery Defense in Criminal Exploitation Cases Introduction The case of BZP, R. v ([2025] EWCA Crim 267) presents a complex interplay between allegations of...
New Precedent: Establishing the Retrospectivity of Conditional Fee Agreements in Insolvency Litigation

New Precedent: Establishing the Retrospectivity of Conditional Fee Agreements in Insolvency Litigation

Date: Mar 18, 2025
New Precedent: Establishing the Retrospectivity of Conditional Fee Agreements in Insolvency Litigation Introduction The case of Singh & Ors v Ingram ([2025] EWCA Civ 264) presents a critical judicial...
Purkiss v Kennedy & Ors ([2025] EWCA Civ 268): Redefining the Limitations on Tax Mitigation under Section 423 of the Insolvency Act 1986

Purkiss v Kennedy & Ors ([2025] EWCA Civ 268): Redefining the Limitations on Tax Mitigation under Section 423 of the Insolvency Act 1986

Date: Mar 18, 2025
Purkiss v Kennedy & Ors ([2025] EWCA Civ 268): Redefining the Limitations on Tax Mitigation under Section 423 of the Insolvency Act 1986 Introduction In the landmark case of Purkiss v Kennedy & Ors...
Clarifying Trademark Infringement and Sub-licensing Rights Under Settlement Agreements: Lessons from Morley's (Fast Foods) Ltd v Nanthakumar & Ors

Clarifying Trademark Infringement and Sub-licensing Rights Under Settlement Agreements: Lessons from Morley's (Fast Foods) Ltd v Nanthakumar & Ors

Date: Mar 18, 2025
Clarifying Trademark Infringement and Sub-licensing Rights Under Settlement Agreements: Lessons from Morley's (Fast Foods) Ltd v Nanthakumar & Ors Introduction The recent judgment in Morley's (Fast...
Balancing Timely Action and Informed Inquiry: New Precedents in Assessing Vulnerability in Immigration Detention

Balancing Timely Action and Informed Inquiry: New Precedents in Assessing Vulnerability in Immigration Detention

Date: Mar 18, 2025
Balancing Timely Action and Informed Inquiry: New Precedents in Assessing Vulnerability in Immigration Detention Introduction The case of Medical Justice v Secretary of State for the Home Department...
Clarifying the “No‐Touch” Gap: Dismissal Fairness and the Duty to Provide Explicit Disciplinary Guidance

Clarifying the “No‐Touch” Gap: Dismissal Fairness and the Duty to Provide Explicit Disciplinary Guidance

Date: Mar 18, 2025
Clarifying the “No‐Touch” Gap: Dismissal Fairness and the Duty to Provide Explicit Disciplinary Guidance Introduction The judgment in Hewston v Ofsted ([2025] EWCA Civ 250) addresses a complex...
Clarifying "Dealing" with Assets Under Freezing Orders: A Detailed Examination of Barclays Bank PLC v Dylan & Ors ([2025] EWCA Civ 265)

Clarifying "Dealing" with Assets Under Freezing Orders: A Detailed Examination of Barclays Bank PLC v Dylan & Ors ([2025] EWCA Civ 265)

Date: Mar 18, 2025
Clarifying "Dealing" with Assets Under Freezing Orders: A Detailed Examination of Barclays Bank PLC v Dylan & Ors ([2025] EWCA Civ 265) Introduction The case of Barclays Bank PLC v Dylan & Ors...
Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018

Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018

Date: Mar 15, 2025
Duty of School Principals to Timely Notify Parents of Serious Allegations: Clarifying Confidentiality under Circular 0049/2018 Introduction This commentary examines the High Court of Ireland’s...
New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions

New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions

Date: Mar 15, 2025
New Precedent on the Execution of European Arrest Warrants and Assurance Reliance in Prison Conditions Introduction The case of Minister for Justice v Orsolic (Approved) [2025] IEHC 169 before the...
Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes

Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes

Date: Mar 15, 2025
Forfeiture by Re-Entry Must Be Peaceable: Clarifying the Test for Stay Applications in Landlord–Tenant Disputes Introduction The case of Verbenagrove Ltd v Evans & Anor ([2025] IEHC 151) before the...
Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts

Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts

Date: Mar 14, 2025
Recalibrating Sentencing for Violent Murders: A New Precedent on Unduly Lenient Punishment Parts Introduction The judgment in Crown Appeal against Sentence by HMA against Christopher David Brown...
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