city-of-london... Case Commentaries

[2026] CSIH 20 — Investor Warranties and the Limits of Determining Implied Waiver/Personal Bar at Debate

Date: Apr 23, 2026

Investor Warranties Do Not Ordinarily Prove Implied Waiver/Personal Bar at Debate: Proof Required Where Waiver Is Alleged Between Co‑Warrantors 1) Introduction In Reclaiming Motion by the Founder...

Section 50 Non-Refoulement Is Not a Standalone “Ordinary JR” Decision: Upstream International Protection Decisions Fall Within the 28-Day, Substantial-Grounds Regime

Date: Apr 23, 2026

Section 50 Non-Refoulement Is Not a Standalone “Ordinary JR” Decision: Upstream International Protection Decisions Fall Within the 28-Day, Substantial-Grounds Regime Case: TE v The International...

Late “fraud” amendments refused where vague, unexplained and potentially limitation-defeating; other clarificatory amendments allowed (Order 28 RSC)

Date: Apr 23, 2026

Late “fraud” amendments refused where vague, unexplained and potentially limitation-defeating; other clarificatory amendments allowed (Order 28 RSC) Case: Tolan v Mayo County Council [No. 1]...

Inquest Scope and “Coronial Causation”: Police Omission Cannot Be Excluded as “Speculative” Without Key Criminal-Justice Materials

Date: Apr 23, 2026

Inquest Scope and “Coronial Causation”: Police Omission Cannot Be Excluded as “Speculative” Without Key Criminal-Justice Materials Case: O'Brien, R (On the Application Of) v HM Assistant Coroner for...

Suspension is Not Presumptive: Immediate Custody May Be Required for Sustained, Extremely Dangerous Police-Evasion Driving

Date: Apr 23, 2026

Suspension is Not Presumptive: Immediate Custody May Be Required for Sustained, Extremely Dangerous Police-Evasion Driving 1) Introduction In Rex v Bristow ([2026] EWCA Crim 633), the Court of Appeal...

Arrest on an Outstanding Warrant During Jury Deliberations Does Not Automatically Require Re-Exercising the “Trial in Absence” Discretion

Date: Apr 23, 2026

Arrest on an Outstanding Warrant During Jury Deliberations Does Not Automatically Require Re-Exercising the “Trial in Absence” Discretion 1) Introduction In [2026] EWCA Crim 559, the Court of Appeal...

Tolan v Mayo County Council [No. 2] — Preliminary Issue on Limitation Where Fraud Is Not Properly Pleaded

Date: Apr 23, 2026

Directing a Preliminary Issue on the Statute of Limitations Where “Fraud” Is Not Properly Pleaded Introduction In Tolan v Mayo County Council [No. 2] (Approved) [2026] IEHC 297, the High Court...

Standing as a Jurisdictional Constraint in Planning Judicial Review: Courts May Revisit Standing Absent Cross‑Appeal and Refuse “Busybody” Representative Challenges

Date: Apr 23, 2026

Standing as a Jurisdictional Constraint in Planning Judicial Review: Courts May Revisit Standing Absent Cross‑Appeal and Refuse “Busybody” Representative Challenges Case Duff, Application for...

Stays for Refusal of Genetic Testing: Relevance-First and Heightened Materiality for Sensitive “Trio Exome” Evidence

Date: Apr 23, 2026

Stays for Refusal of Genetic Testing: Relevance-First and Heightened Materiality for Sensitive “Trio Exome” Evidence 1. Introduction C. (A Minor) v Health Service Executive (Approved) [2026] IEHC 234...

Consent Under GDPR/PECR Is an Objective “Outward Indication”: No Subjective Autonomy Inquiry (RTM v Bonne Terre Ltd & Anor)

Date: Apr 22, 2026

Consent Under GDPR/PECR Is an Objective “Outward Indication”: No Subjective Autonomy Inquiry Case: RTM v Bonne Terre Ltd & Anor (Sky Betting and Gaming) Citation: [2026] EWCA Civ 488; [2026] WLR(D)...

Schedule 10 paragraph 25 Sentencing Act 2020: Crown Court may revoke a magistrates’ community order when activating a suspended sentence imposed on committal for sentence

Date: Apr 22, 2026

Schedule 10 paragraph 25 Sentencing Act 2020: Crown Court may revoke a magistrates’ community order when activating a suspended sentence imposed on committal for sentence 1. Introduction In R v...

Section 38 Courts of Justice Act 1936 Appeals Are De Novo Where Oral Evidence Was Given (and “Re-hearing” in Supreme Court Practice Does Not Alter That)

Date: Apr 22, 2026

Section 38 Courts of Justice Act 1936 Appeals Are De Novo Where Oral Evidence Was Given (and “Re-hearing” in Supreme Court Practice Does Not Alter That) Case: O'Brien and Anor v Gill (Approved)...

Limits of Section 3 HRA: No “Reading-In” Disability Protection for Armed Forces Service Under Equality Act Schedule 9

Date: Apr 22, 2026

Limits of Section 3 HRA: No “Reading-In” Disability Protection for Armed Forces Service Under Equality Act Schedule 9 1. Introduction L & Anor v Ministry of Defence [2026] EWCA Civ 602 is a Court of...

Limits on Court-Ordered State Intervention in Foreign Hague Return Enforcement

Date: Apr 22, 2026

Limits on Court-Ordered State Intervention in Foreign Hague Return Enforcement 1) Introduction In AB v An Taoiseach and Ors (Approved) [2026] IEHC 236, the High Court (Mr Justice Conleth Bradley)...

Validity of MG4 Written Charges: “Ordinary Language” Suffices and Administrative Defects Do Not Defeat Sending for Trial

Date: Apr 22, 2026

Validity of MG4 Written Charges: “Ordinary Language” Suffices and Administrative Defects Do Not Defeat Sending for Trial 1. Introduction In R v Ali [2026] EWCA Crim 634, the Court of Appeal (Criminal...

Duty to Give Clear Reasons When a Disciplinary Decision-Maker Departs from an Investigating Committee’s Findings

Date: Apr 22, 2026

Duty to Give Clear Reasons When a Disciplinary Decision-Maker Departs from an Investigating Committee’s Findings Court: Outer House, Court of Session Judge: Lord Colbeck Citation: Petition of Andrew...

Judicial Interventions and Safe Convictions: When Trial Management of Cross‑Examination Does Not Render a Jury Verdict Unsafe

Date: Apr 22, 2026

Judicial Interventions and Safe Convictions: When Trial Management of Cross‑Examination Does Not Render a Jury Verdict Unsafe 1. Introduction In R v Sousa [2026] EWCA Crim 585, the Court of Appeal...

High Court of Ireland: Split-Track Appeals for GDPR Fines and Infringement Findings Under the Data Protection Act 2018

Date: Apr 21, 2026

Split-Track GDPR Enforcement Appeals: Section 142 Is Fine-Only, With “Appeal on the Record” Review and Discretionary Fresh Evidence Under Sections 142 and 150 1. Introduction In LinkedIn Ireland...

“Taking Advantage” in Treaty Anti‑Abuse Clauses Means Abusive Use Contrary to Treaty Purpose (Not Mere Enjoyment of Relief)

Date: Apr 21, 2026

“Taking Advantage” in Treaty Anti‑Abuse Clauses Means Abusive Use Contrary to Treaty Purpose (Not Mere Enjoyment of Relief) 1. Introduction Revenue And Customs v Burlington Loan Management DAC...

Funding a Genuine Employee-Trust Loan Is Not “Earnings”: Limits of Rangers and the “Redirected Earnings” Doctrine

Date: Apr 18, 2026

Funding a Genuine Employee-Trust Loan Is Not “Earnings”: Limits of Rangers and the “Redirected Earnings” Doctrine 1. Introduction In Commissioners for His Majesty's Revenue and Customs v MR Currell...