Commentaries

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

F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes

Date: Oct 28, 2025

F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes Introduction In F against F and A [2025] CSOH 99, Lord Stuart (Outer...

Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point — Commentary on R v Bukhari & Ors [2025] EWCA Crim 1353

Date: Oct 28, 2025

Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point Introduction This commentary...

Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357

Date: Oct 28, 2025

Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357 Court: Court of Appeal (Civil Division), England and Wales Date: 27...

Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements (London Borough of Enfield v A [2025] EWCA Civ 1355)

Date: Oct 28, 2025

Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements Case: London Borough of Enfield v A [2025]...

Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake — Commentary on Hinkel v Gheissari & Anor [2025] EWCA Civ 1351

Date: Oct 28, 2025

Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake Case: Hinkel v Gheissari & Anor [2025] EWCA Civ 1351 (Court of...

Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles

Date: Oct 28, 2025

Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles Introduction In AFA & Ors, R (on the application of) v Secretary of State for...

Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability (Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ 1340)

Date: Oct 24, 2025

Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability Case: Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ...

IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders

Date: Oct 24, 2025

IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders Case: H, Re (Final Care Orders at...

No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 — Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347

Date: Oct 24, 2025

No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 Commentary on Bellway Homes...

Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed

Date: Oct 24, 2025

Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed Introduction In Babek International Ltd v Iceland...

Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator

Date: Oct 23, 2025

Keel v HM Advocate [2025] HCJAC 47: Early Intimation Drives Plea Discounts in Murder; Prolonged Failure to Seek Help Is a Material Aggravator Court: Appeal Court, High Court of Justiciary (Scotland)...

Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46

Date: Oct 23, 2025

Beyond Beveridge: Distress as Non-Corroborative Yet Admissible, and the Primacy of Mutual Corroboration—TH v HM Advocate [2025] HCJAC 46 Introduction In TH v His Majesty’s Advocate [2025] HCJAC 46,...

The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency”

Date: Oct 23, 2025

The Billing-Currency Rule for Costs: Costs orders lie in sterling or the solicitors’ billing currency, not the claimant’s “loss currency” Case: Process & Industrial Developments Ltd v The Federal...

Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions

Date: Oct 23, 2025

Policy Parity Is Not Legal Parity: Appropriate Assessment at the Discharge Stage for European Sites, but NPPF Ramsar Policy Cannot Override Vested Outline Permissions Introduction This Supreme Court...

High Court clarifies that individuals cannot mount freestanding transposition challenges; a three‑step standing test under s.87(10) EPA Act and the limits of actio popularis in environmental judicial review

Date: Oct 22, 2025

High Court clarifies that individuals cannot mount freestanding transposition challenges; a three‑step standing test under s.87(10) EPA Act and the limits of actio popularis in environmental judicial...

Old Plan Policies Survive during s.31 Draft Direction where they 'Correspond' to the New Plan; Court Sets Six-Factor Test for Declaratory Relief and Reaffirms Harmless-Error Discretion in Renewable Energy Consents

Date: Oct 22, 2025

Old Plan Policies Survive during s.31 Draft Direction where they 'Correspond' to the New Plan; Court Sets Six-Factor Test for Declaratory Relief and Reaffirms Harmless-Error Discretion in Renewable...

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490

Date: Oct 22, 2025

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490 Introduction In O’Dwyer v The Revenue...

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data

Date: Oct 22, 2025

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data Introduction In McNamara [Deceased] v The Revenue...

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders

Date: Oct 22, 2025

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders Introduction This commentary examines the England and Wales Court of...

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts

Date: Oct 22, 2025

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts Introduction This...