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  • Commentaries

without-prejudice-privilege-in-pre-agreement-negotiations:-the-acorn-wave-ltd-v-o& Case Commentaries

Mackie v Mercedes-Benz: Misrepresentations as Continuing Acts for Prescription; broad s6(4) suspension; and Court of Session jurisdiction over Consumer Credit Act unfairness in group proceedings

Mackie v Mercedes-Benz: Misrepresentations as Continuing Acts for Prescription; broad s6(4) suspension; and Court of Session jurisdiction over Consumer Credit Act unfairness in group proceedings

Date: Oct 16, 2025
Misrepresentations as Continuing Acts, Broad s6(4) Suspension, and Court of Session Jurisdiction for Consumer Credit Act Unfairness in Group Proceedings Introduction In William Mackie (Representative...
Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership

Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership

Date: Oct 16, 2025
Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership Introduction This Outer House...
Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93

Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93

Date: Oct 16, 2025
Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93...
FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems

FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems

Date: Oct 16, 2025
FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems Introduction This commentary examines the decision of...
Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context (Russo v The Council of the Law Society of Scotland [2025] CSOH 92)

Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context (Russo v The Council of the Law Society of Scotland [2025] CSOH 92)

Date: Oct 16, 2025
Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context Case: Adrian Russo v The Council of the Law Society of Scotland...
Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal

Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal

Date: Oct 16, 2025
Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal Introduction In Yamba v BW Legal Services Ltd [2025] EWCA...
Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the Appeal

Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the Appeal

Date: Oct 16, 2025
Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the...
CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested — Commentary on BDI & Ors, R v [2025] EWCA Crim 1289

CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested — Commentary on BDI & Ors, R v [2025] EWCA Crim 1289

Date: Oct 16, 2025
CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested Introduction This reserved costs judgment of...
Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly”

Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly”

Date: Oct 16, 2025
Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly” Introduction This appeal concerned umbrella company...
Coordinating Bankruptcy and Plenary Proceedings: Appointment‑Validity Must Be Decided First and in the Correct Procedural Vehicle — No Parallel Litigation Across Lists (Dunne [2025] IEHC 531)

Coordinating Bankruptcy and Plenary Proceedings: Appointment‑Validity Must Be Decided First and in the Correct Procedural Vehicle — No Parallel Litigation Across Lists (Dunne [2025] IEHC 531)

Date: Oct 16, 2025
Coordinating Bankruptcy and Plenary Proceedings: Appointment‑Validity Must Be Decided First and in the Correct Procedural Vehicle — No Parallel Litigation Across Lists (Dunne [2025] IEHC 531)...
"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance

"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance

Date: Oct 16, 2025
"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance Case: CTK, R (On the...
Converted Third‑State Sentences under the Transfer Convention Are Treated as “Imposed” in the Issuing State for EAW Purposes; “Heavier Penalty” Objections Confined Post‑Alchester II — Commentary on Minister for Justice v Koltun [2025] IEHC 549

Converted Third‑State Sentences under the Transfer Convention Are Treated as “Imposed” in the Issuing State for EAW Purposes; “Heavier Penalty” Objections Confined Post‑Alchester II — Commentary on Minister for Justice v Koltun [2025] IEHC 549

Date: Oct 15, 2025
Converted Third‑State Sentences under the Transfer Convention Are Treated as “Imposed” in the Issuing State for EAW Purposes; “Heavier Penalty” Objections Confined Post‑Alchester II — Commentary on...
Time‑Bar Defence as “Immunity” under Section 18 of the Extradition Act 1965: Attorney General v Drislane [2025] IEHC 550

Time‑Bar Defence as “Immunity” under Section 18 of the Extradition Act 1965: Attorney General v Drislane [2025] IEHC 550

Date: Oct 15, 2025
Time‑Bar Defence as “Immunity” under Section 18 of the Extradition Act 1965: Attorney General v Drislane [2025] IEHC 550 Introduction This High Court decision clarifies the meaning of “immunity by...
Section 45 compliance satisfied by representation at offender‑requested sentence‑amalgamation hearing; issue estoppel no bar where the new EAW relies on a different in‑absentia ground (D.3.2)

Section 45 compliance satisfied by representation at offender‑requested sentence‑amalgamation hearing; issue estoppel no bar where the new EAW relies on a different in‑absentia ground (D.3.2)

Date: Oct 15, 2025
Section 45 compliance satisfied by representation at offender‑requested sentence‑amalgamation hearing; issue estoppel no bar where the new EAW relies on a different in‑absentia ground (D.3.2)...
SC v BT: Ordinary Residence for Cohabitant Redress Requires Objective, On‑the‑Ground Ties; “Throughout” Does Not Mean Continuous Presence

SC v BT: Ordinary Residence for Cohabitant Redress Requires Objective, On‑the‑Ground Ties; “Throughout” Does Not Mean Continuous Presence

Date: Oct 14, 2025
SC v BT: Ordinary Residence for Cohabitant Redress Requires Objective, On‑the‑Ground Ties; “Throughout” Does Not Mean Continuous Presence Introduction This High Court decision (SC v BT, [2025] IEHC...
R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending

R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending

Date: Oct 11, 2025
R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending Reporting...
Mackison v PF, Paisley: Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict

Mackison v PF, Paisley: Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict

Date: Oct 10, 2025
Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict Case: Appeal following a reference from the...
Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up hearings

Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up hearings

Date: Oct 9, 2025
Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up...
Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Date: Oct 9, 2025
Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under...
Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland

Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland

Date: Oct 9, 2025
Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland Introduction This commentary examines...
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