city-of-london... Case Commentaries

Correcting a Warrant-Specific Limitation Error Does Not Create Issue Estoppel in Successive EAW Proceedings

Date: Dec 20, 2025

Correcting a Warrant-Specific Limitation Error Does Not Create Issue Estoppel in Successive EAW Proceedings Case: Minister For Justice v Cup (Approved) [2025] IEHC 753 (High Court, McGrath J, 19...

Correspondence for Breach of Interim Risk of Sexual Harm Orders and Article 8 Disproportionality After Prolonged Delay in TCA Warrant Surrender

Date: Dec 20, 2025

Correspondence for Breach of Interim Risk of Sexual Harm Orders and Article 8 Disproportionality After Prolonged Delay in TCA Warrant Surrender 1) Introduction In Minister For Justice v Lomas [2025]...

Judicial Review Is Not a Standalone Route to Obtain CCTV/Disclosure: Alternative Statutory Remedies and Inquest-Fairness as the Proper Public Law Focus

Date: Dec 20, 2025

Judicial Review Is Not a Standalone Route to Obtain CCTV/Disclosure: Alternative Statutary Remedies and Inquest-Fairness as the Proper Public Law Focus 1. Introduction Redic v Commissioner of An...

Public-Interest Departure from the Default Costs Rule in Seanad Election Petitions

Date: Dec 20, 2025

Public-Interest Departure from the Default Costs Rule in Seanad Election Petitions Introduction Feeney v Groves and Ors [No. 2] (Approved) [2025] IEHC 770 is an ex tempore decision of the High Court...

McNamara, R. v — Sentencing for SHPO Breach: Underlying Sexual Exploitation, Assessed Risk and Sustained Contact Can Properly Place a Single-Date Breach in Category 1A

Date: Dec 20, 2025

Sentencing for SHPO Breach: Underlying Sexual Exploitation, Assessed Risk and Sustained Contact Can Properly Place a Single-Date Breach in Category 1A 1. Introduction McNamara, R. v ([2025] EWCA Crim...

Fugitives Cannot Leverage Their Flight to Obtain Eight-Year Extensions of Time: Renewed Leave to Appeal Refused in R. v Gifford & Anor

Date: Dec 20, 2025

Fugitives Cannot Leverage Their Flight to Obtain Eight-Year Extensions of Time: Renewed Leave to Appeal Refused in R. v Gifford & Anor [2025] EWCA Crim 1748 1. Introduction R. v Gifford & Anor...

Testamentary Capacity with Fluctuating Vascular Dementia: When Detailed Solicitor Attendances Can Sustain Probate Despite Retrospective Medical Doubts

Date: Dec 20, 2025

Testamentary Capacity with Fluctuating Vascular Dementia: When Detailed Solicitor Attendances Can Sustain Probate Despite Retrospective Medical Doubts 1) Introduction In Re: The Estate of Teresa...

“Assess” vs “Take Account”: When IPAT Must Demonstrably Engage with an Appellant’s Case (and When a General Consideration Statement Suffices)

Date: Dec 20, 2025

“Assess” vs “Take Account”: When IPAT Must Demonstrably Engage with an Appellant’s Case (and When a General Consideration Statement Suffices) 1. Introduction S.G. (Albania) sought judicial review of...

Jury Access to ABE Evidence-in-Chief in Retirement: Fundamental Irregularity Requiring Retrial and a Restrained Approach to Post‑Verdict Jury Inquiry

Date: Dec 20, 2025

Jury Access to ABE Evidence-in-Chief in Retirement: Fundamental Irregularity Requiring Retrial and a Restrained Approach to Post‑Verdict Jury Inquiry 1. Introduction In JEH, R. v [2025] EWCA Crim...

Cavan v Bunting [2025] NICA 68 — When Targeted Social-Media “Grooming” Allegations Cross Article 10 into Actionable Harassment

Date: Dec 20, 2025

Cavan v Bunting [2025] NICA 68 — When Targeted Social-Media “Grooming” Allegations Cross Article 10 into Actionable Harassment 1. Introduction Cavan v Bunting concerned the boundary between robust...

EAW “Correspondence” for School-Attendance Neglect: Sufficient Similarity of Regulatory Regimes Despite Covid Remote-Learning Context

Date: Dec 20, 2025

EAW “Correspondence” for School-Attendance Neglect: Sufficient Similarity of Regulatory Regimes Despite Covid Remote-Learning Context 1) Introduction Minister For Justice v Balogova (Approved) [2025]...

Repeat Presidential Election Challenges Struck Out as Res Judicata; Henderson Bar and Statutory Petition Exclusivity under the Presidential Elections Act 1993

Date: Dec 20, 2025

Repeat Presidential Election Challenges Struck Out as Res Judicata; Henderson Bar and Statutory Petition Exclusivity under the Presidential Elections Act 1993 1. Introduction Byrne v Tanaiste and Ors...

Immediate Custody as the Norm for Perverting the Course of Justice: Childcare Hardship Rarely Justifies Suspension in False Rape Allegation Cases

Date: Dec 20, 2025

Immediate Custody as the Norm for Perverting the Course of Justice: Childcare Hardship Rarely Justifies Suspension in False Rape Allegation Cases 1. Introduction R. v May ([2025] EWCA Crim 1782) is a...

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences

Date: Dec 19, 2025

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences 1. Introduction This commentary examines the decision of the England and Wales...

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672

Date: Dec 19, 2025

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672 1. Introduction This...

Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified

Date: Dec 19, 2025

Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified 1. Introduction The Court of Appeal’s decision in Secretary of State for the Home Department v...

Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt – Commentary on Michael v Michael [2025] EWCA Civ 1668

Date: Dec 19, 2025

Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt Commentary on Michael v Michael [2025] EWCA Civ 1668 1....

Enrichment Requires a Transfer of Value: Court of Appeal Narrows “At the Expense Of” in Unjust Enrichment (Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd)

Date: Dec 19, 2025

Enrichment Requires a Transfer of Value: Clarifying “At the Expense Of” in Unjust Enrichment and Digital Likeness Cases Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd [2025]...

Derby CC v UYR [2025] EWCA Civ 1648: Interim Relief in Age Assessment Judicial Review and the Role of Competing Section 20 Duties

Date: Dec 19, 2025

Derby City Council v UYR [2025] EWCA Civ 1648: No “Strong Prima Facie Case” Threshold for Interim Relief in Age Assessment Judicial Review, and the Effect of Existing Section 20 Accommodation 1....

HMRC v Sintra Global Inc: Clarifying the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals

Date: Dec 19, 2025

HMRC v Sintra Global Inc & Parul Malde [2025] EWCA Civ 1661: The Court of Appeal Clarifies the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals 1. Introduction The decision in...