Archive for the ‘Case Comments’ Category
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Case Comment: Re an application by the NIHRC for Judicial Review (NI) [2018] UKSC 27
08 Jun 2018In the wake of the Irish referendum vote to end the country’s ban on abortion via the repeal of the…
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Case Comment: Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24
18 May 2018Mitchell Abbott, trainee in the dispute resolution team at CMS, offers comment on the decision of the Supreme Court in the…
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Case Comment: Morris-Garner v One Step (Support) Ltd [2018] UKSC 20
24 Apr 2018Please see the judgment here. It is often very difficult in cases involving breaches of restrictive covenants and misuse of…
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Case Comment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2
20 Apr 2018On one view this is perhaps the most esoteric of the 28 appeals regarding the confiscation or civil recovery legislation…
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Case Comment: JSC BTA Bank v Khrapunov [2018] UKSC 19
13 Apr 2018Jessica Joel, trainee solicitor at CMS, considers the case of JSC BTA Bank v Khrapunov: Background In 2015, JSC BTA…
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Case Comment: SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 Part Two
19 Mar 2018Lady Hale found reason to consider that Susana qualified for automatic rights of entry and residence as a “direct descendant”…
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Case Comment: SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 Part One
19 Mar 2018Supreme Court: Reference to CJEU on Kefalah Children This appeal concerning legal guardianship under the Islamic “kefalah” system provided the Supreme…
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Case Comment: B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 Part Two
19 Mar 2018Lord Lloyd-Jones found that B’s situation fell into the category of case Lord Dyson had in mind in Lumba where a person’s…
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Case Comment: B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 Part One
19 Mar 2018Lawful detention is a precondition for granting bail The case of “B” enabled the Supreme Court to put to rest…
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Case Comment: Commissioner of Police of the Metropolis v DSD & Anor [2018] UKSC 11
05 Mar 2018Be in no doubt, this was a resounding defeat – particularly the finding that the Commissioner wanted to avoid most:…