city-of-london... Case Commentaries

Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015

Date: Apr 29, 2025

Discontinuance of Proceedings and Default Costs Liability under Section 169(4) of the Legal Services and Regulation Act 2015 Introduction In CDB Aviation Lease Finance Designated Activity Company &...

Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards

Date: Apr 29, 2025

Pragmatic Apportionment of Interest on Solatium and Past Wage Loss in Lump Sum Awards Introduction F v Gordon Chalmers & Others [2025] CSOH 43 is a Note on Interest delivered by Lord Clark in the...

Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure

Date: Apr 29, 2025

Fair Procedures in SPSV Licensing: Considering Acquitted Allegations and Ensuring Material Disclosure Introduction This commentary examines the High Court of Ireland’s decision in PK v VS & Anor...

R v BNA: Rationality and Abuse of Process in Modern Slavery Victims’ Prosecutions under CPS Guidance

Date: Apr 26, 2025

R v BNA: Rationality and Abuse of Process in Modern Slavery Victims’ Prosecutions under CPS Guidance Introduction In R v BNA [2025] EWCA Crim 496 the Court of Appeal (Criminal Division) considered...

Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review

Date: Apr 26, 2025

Exhaustion of Remedies and Site Notice Compliance in Planning Judicial Review Introduction This case arose from an application by Michael and Maureen Larkin (“the applicants”) for judicial review of...

Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries

Date: Apr 26, 2025

Clarification of Standing and Ground Requirements for Article 40.4.2 Enquiries Introduction Granahan v Governor of Mountjoy Prison & Anor [2025] IEHC 247 is a High Court ruling delivered by Mr....

Reaffirmation of Counterfactual Test and Valuation Principles in Unlawful Means Conspiracy Claims

Date: Apr 25, 2025

Reaffirmation of Counterfactual Test and Valuation Principles in Unlawful Means Conspiracy Claims Introduction This judgment arises from Robert Gordon Kidd’s reclaiming motion against Lime Rock...

Material Prejudice Test for Form Defects in Fixed Charge Notices: Director of Public Prosecutions v O’Brien ([2025] IEHC 237)

Date: Apr 24, 2025

Material Prejudice Test for Form Defects in Fixed Charge Notices: Director of Public Prosecutions v O’Brien ([2025] IEHC 237) Introduction Director of Public Prosecutions v O’Brien ([2025] IEHC 237)...

All Occurrences of COVID-19 Within Defined Periods as Proximate Causes under Extension 6: Marlin Apartments Ltd v Allianz PLC

Date: Apr 24, 2025

All Occurrences of COVID-19 Within Defined Periods as Proximate Causes under Extension 6: Marlin Apartments Ltd v Allianz PLC Introduction In Marlin Apartments Ltd trading as Marlin Hotel Dublin v...

Relatives’ Actions Timeously Raised Under Section 18(2)(a) Are Not Caught by the Jury Trial Bar in Section 22(4) of the 1973 Act

Date: Apr 23, 2025

Relatives’ Actions Timeously Raised Under Section 18(2)(a) Are Not Caught by the Jury Trial Bar in Section 22(4) of the 1973 Act Introduction This commentary examines the Scottish Court of Session...

Judicial Guidance on Discretionary Relief: Extending Appeal Time and Striking Out Proceedings under O.38 and O.31 r.21

Date: Apr 23, 2025

Judicial Guidance on Discretionary Relief: Extending Appeal Time and Striking Out Proceedings under O.38 and O.31 r.21 Introduction Deegan v Campbell [2025] IEHC 240 is a High Court decision...

Enforceability of Post-Termination Commission Clauses: Restraint of Trade Limits in Agency Contracts

Date: Apr 18, 2025

Enforceability of Post-Termination Commission Clauses: Restraint of Trade Limits in Agency Contracts Introduction This commentary examines the Court of Appeal’s decision in X-R Touring LLP v Javor &...

Intention Suffices for Unidentified Property in Design-Infringement Conspiracy

Date: Apr 18, 2025

Intention Suffices for Unidentified Property in Design-Infringement Conspiracy Introduction Iqbal & Anor v City of Wolverhampton Council ([2025] EWCA Crim 498) is a Court of Appeal criminal decision...

Prematurity of Discovery and Strict Compliance with Order 31 r.12: Connaughton v Start Mortgages DAC

Date: Apr 18, 2025

Prematurity of Discovery and Strict Compliance with Order 31 r.12: Connaughton v Start Mortgages DAC Introduction Connaughton v Start Mortgages Designated Activity Company [2025] IEHC 249 is a High...

Statutory Baseline in Community Care: Local Authorities’ Duty to Independently Meet Assessed Needs Before Third-Party Supplementation

Date: Apr 18, 2025

Statutory Baseline in Community Care: Local Authorities’ Duty to Independently Meet Assessed Needs Before Third-Party Supplementation Introduction In Jodie Taylor for Judicial Review ([2025] CSOH...

Clarifying Party Autonomy in Asymmetric Jurisdiction Clauses: Exclusive English Jurisdiction and Limited US Carve-Outs in Hipgnosis SFH 1 Ltd v Manilow

Date: Apr 18, 2025

Clarifying Party Autonomy in Asymmetric Jurisdiction Clauses: Exclusive English Jurisdiction and Limited US Carve-Outs in Hipgnosis SFH 1 Ltd v Manilow Introduction Hipgnosis SFH 1 Ltd v Manilow &...

Invalidity of Planning Permissions for Failure to Publish Section 106 Agreements: Greenfields (IOW) Ltd v Isle of Wight Council

Date: Apr 17, 2025

Invalidity of Planning Permissions for Failure to Publish Section 106 Agreements Introduction In Greenfields (IOW) Ltd, R (On the Application Of) v Isle of Wight Council & Anor [2025] EWCA Civ 488,...

Dispositive Section Controls: Operative Orders vs. Narrative Reasoning in Arbitral Awards

Date: Apr 17, 2025

Dispositive Section Controls: Operative Orders vs. Narrative Reasoning in Arbitral Awards 1. Introduction This commentary examines the Court of Appeal’s decision in Nigeria LNG Ltd v Taleveras...

Judicial Review of Planning Enforcement Appeals: Factual Disputes Over Historic Plans Are Not Public Law Errors, and Relitigation May Be an Abuse Despite Environmental Standing

Date: Apr 17, 2025

Judicial Review of Planning Enforcement Appeals: Factual Disputes Over Historic Plans Are Not Public Law Errors, and Relitigation May Be an Abuse Despite Environmental Standing 1. Introduction Duff,...

Phase-Limited Planning Assessment in Hydrocarbon Exploration: Excluding Speculative Production Impacts

Date: Apr 17, 2025

Phase-Limited Planning Assessment in Hydrocarbon Exploration: Excluding Speculative Production Impacts Introduction Frack Free Balcombe Residents' Association v Secretary of State for Housing,...