city-of-london... Case Commentaries

Section 811 “Relief Exclusion” Requires Objective Purpose-and-Misuse Analysis (No “Positive Obligation” on Taxpayer) and Proper Reasons on Expert Evidence

Date: Feb 11, 2026

Section 811 “Relief Exclusion” Requires Objective Purpose-and-Misuse Analysis (No “Positive Obligation” on Taxpayer) and Proper Reasons on Expert Evidence 1) Introduction Hegarty v The Revenue...

Leave-to-Appeal Cannot Be Used to Pivot to New Grounds: s.16(2)(f) Applies to All Subleases (Residential and Commercial)

Date: Feb 11, 2026

Leave-to-Appeal Cannot Be Used to Pivot to New Grounds: s.16(2)(f) Applies to All Subleases (Residential and Commercial) 1) Introduction Crowley & Anor v Sheehan & Anor ([2026] IESC 6) is a Supreme...

Section 15(1) “Consistency” as an Enforceable Climate Duty in Planning: No “Traffic-Light Presumption”, but a Mandatory Substantive Engagement with Material-Contravention Powers

Date: Feb 11, 2026

Section 15(1) “Consistency” as an Enforceable Climate Duty in Planning: No “Traffic-Light Presumption”, but a Mandatory Substantive Engagement with Material-Contravention Powers Case: Coolglass Wind...

Restraint Order Variations: No Duty to Determine Tainted Gift Extent Before Enforcement

Date: Feb 11, 2026

Restraint Order Variations: No Duty to Determine Tainted Gift Extent Before Enforcement 1) Introduction Hargreaves, R. v [2026] EWCA Crim 58 (CA (Crim Div), 10 February 2026) concerned a renewed...

Wrong Guideline, Right Question: Sentencing Errors Do Not Found a Miscarriage Unless the Final Sentence is Excessive

Date: Feb 11, 2026

Wrong Guideline, Right Question: Sentencing Errors Do Not Found a Miscarriage Unless the Final Sentence is Excessive 1. Introduction This appeal arose following a reference by the Scottish Criminal...

“NHS Earnings” Means Statement-of-Dental-Remuneration Income: Annual Assessment, Continuous Commitment, and Year-by-Year Prescription in Dental Bursary Repayment

Date: Feb 11, 2026

“NHS Earnings” Means Statement-of-Dental-Remuneration Income: Annual Assessment, Continuous Commitment, and Year-by-Year Prescription in Dental Bursary Repayment Court: Scottish Court of Session...

Functional Sufficiency of Notice for Enforcing UAE Payment Orders in Scotland (No Automatic Translation Requirement)

Date: Feb 11, 2026

Functional Sufficiency of Notice for Enforcing UAE Payment Orders in Scotland (No Automatic Translation Requirement) 1) Introduction Papel Payment Services Provider LLC (“Papel”), a UAE-based...

Section 170 CPSA 1995 Declared Article 6-Incompatible: Blanket Immunity from Malicious Prosecution Claims in Summary Proceedings

Date: Feb 11, 2026

Section 170 CPSA 1995 Declared Article 6-Incompatible: Blanket Immunity from Malicious Prosecution Claims in Summary Proceedings 1) Introduction In Mark Hirst against The Chief Constable Police...

Deportation (Article 8): Unsigned/Undated “Support Letters” May Be Given No Weight; Rationality Review Applies a Normal Intensity Where Parliament Has Set the Public-Interest Baseline

Date: Feb 11, 2026

Deportation (Article 8): Unsigned/Undated “Support Letters” May Be Given No Weight; Rationality Review Applies a Normal Intensity Where Parliament Has Set the Public-Interest Baseline 1. Introduction...

Student Anonymity in Judicial Review: “Very Clear Interests” and “Pressing Circumstances” Required, with Temporary Restrictions Only to Preserve Appeal Rights

Date: Feb 11, 2026

Student Anonymity in Judicial Review: “Very Clear Interests” and “Pressing Circumstances” Required, with Temporary Restrictions Only to Preserve Appeal Rights 1) Introduction Student A v Trinity...

Presumption of Revocation Does Not Arise Where It Is Not Proven the Missing Original Will Ever Reached the Testator

Date: Feb 11, 2026

Presumption of Revocation Does Not Arise Where It Is Not Proven the Missing Original Will Ever Reached the Testator Case: Eastwood (In Their Capacity as Executors Named in the Last Will and Testament...

Totality Allowance for Earlier-Sentenced Similar Fraud: Mandatory Structured Discretion and Correct Sequencing of Reductions

Date: Feb 11, 2026

Totality Allowance for Earlier-Sentenced Similar Fraud: Mandatory Structured Discretion and Correct Sequencing of Reductions 1. Introduction R v Fiaz concerns an appeal against sentence by Shahnawaz...

Section 11(1A)(f) EAW Clarity: Ordinary-Meaning, Act-Based Assessment Suffices; No Indictment-Level Narrative Required

Date: Feb 11, 2026

Section 11(1A)(f) EAW Clarity: Ordinary-Meaning, Act-Based Assessment Suffices; No Indictment-Level Narrative Required 1) Introduction Minister For Justice, Home Affairs and Migration v Tudor...

SEA “Framework” and Non-Binding ‘Have-Regard’ Guidance: Acte Clair Exclusion and a Standalone Aarhus/Kyiv Interpretive Question in CJEU References

Date: Feb 11, 2026

SEA “Framework” and Non-Binding ‘Have-Regard’ Guidance: Acte Clair Exclusion and a Standalone Aarhus/Kyiv Interpretive Question in CJEU References 1. Introduction McDonald and Ors v Minister for...

No “Cliff Edge” at 18: Immaturity Discounts and Correct Guideline Selection in County Lines and Child Exploitation Sentencing

Date: Feb 11, 2026

No “Cliff Edge” at 18: Immaturity Discounts and Correct Guideline Selection in County Lines and Child Exploitation Sentencing 1. Introduction R. v Mulligan ([2026] EWCA Crim 212) is a sentence appeal...

Dangerousness and Extended Sentences: “Extreme, Out-of-Character” Offending May Defeat a Section 308 Finding

Date: Feb 11, 2026

Dangerousness and Extended Sentences: “Extreme, Out-of-Character” Offending May Defeat a Section 308 Finding Case: Singh, R. v Citation: [2026] EWCA Crim 205 Court: England and Wales Court of Appeal...

Stalking via Indirect Social-Media Contact: A1 Harm and Dangerousness Justifying an Extended Sentence

Date: Feb 11, 2026

Stalking via Indirect Social-Media Contact: A1 Harm and Dangerousness Justifying an Extended Sentence 1. Introduction Case: Bird, R. v [2026] EWCA Crim 276 (CA (Crim Div), 10 February 2026). Court:...

Care Workers on Sick Leave Remain “Involved in Care” Under SOA 2003 s.42(3)

Date: Feb 11, 2026

Care Workers on Sick Leave Remain “Involved in Care” Under SOA 2003 s.42(3): “Functions to Perform” Is a Status Test, Not a “On-Shift” Requirement 1. Introduction R v Culverwell ([2026] EWCA Crim...

Registered Title Finality and the Limits of Interlocutory Relief After a Completed Mortgagee Sale

Date: Feb 11, 2026

Registered Title Finality and the Limits of Interlocutory Relief After a Completed Mortgagee Sale Case: O'Flaherty & Ors v Permanent TSB Public Ltd Company & Ors [2026] IEHC 74 (High Court, O’Connell...

Section 64A “Slip Rule” Can Excuse an Apparent Missing Landlord Signature Where the Notice Is Otherwise Compliant and Not Materially Prejudiced

Date: Feb 11, 2026

Section 64A “Slip Rule” Can Excuse an Apparent Missing Landlord Signature Where the Notice Is Otherwise Compliant and Not Materially Prejudiced 1) Introduction Maria Ulemu Chimwala v The Residential...