clarifying-'commercially-reasonable'-consent-in-financial-guarantees:-barclays-bank-plc-v.-unicredit-bank-ag Case Commentaries

Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal

Date: Oct 16, 2025

Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal Introduction In Yamba v BW Legal Services Ltd [2025] EWCA...

Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the Appeal

Date: Oct 16, 2025

Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the...

CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested — Commentary on BDI & Ors, R v [2025] EWCA Crim 1289

Date: Oct 16, 2025

CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested Introduction This reserved costs judgment of...

Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly”

Date: Oct 16, 2025

Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly” Introduction This appeal concerned umbrella company...

Coordinating Bankruptcy and Plenary Proceedings: Appointment‑Validity Must Be Decided First and in the Correct Procedural Vehicle — No Parallel Litigation Across Lists (Dunne [2025] IEHC 531)

Date: Oct 16, 2025

Coordinating Bankruptcy and Plenary Proceedings: Appointment‑Validity Must Be Decided First and in the Correct Procedural Vehicle — No Parallel Litigation Across Lists (Dunne [2025] IEHC 531)...

"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance

Date: Oct 16, 2025

"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance Case: CTK, R (On the...

No “in‑between” categories: Joint offending plus severe psychological harm mandates Category 1A for sexual assault; abuse-of-trust requires significant responsibility (Singh & Anor [2025] EWCA Crim 1409)

Date: Oct 16, 2025

No “in‑between” categories: Joint offending plus severe psychological harm mandates Category 1A for sexual assault; abuse-of-trust requires significant responsibility (Singh & Anor [2025] EWCA Crim...

Separate Money-Laundering Prosecution Not an Abuse Despite Earlier Fraud Proceedings; Absconding and Extreme Delay Weigh Against Extensions of Time

Date: Oct 16, 2025

Separate Money-Laundering Prosecution Not an Abuse Despite Earlier Fraud Proceedings; Absconding and Extreme Delay Weigh Against Extensions of Time 1. Introduction R v Malik ([2025] EWCA Crim 1420)...

R v Vanyai-White: Consecutive Sentences in a Single Incident Must Not Double Count or Circumvent Statutory Maximums

Date: Oct 15, 2025

R v Vanyai-White: Consecutive Sentences in a Single Incident Must Not Double Count or Circumvent Statutory Maximums 1. Introduction R v Vanyai-White concerned an appeal against sentence following...

Converted Third‑State Sentences under the Transfer Convention Are Treated as “Imposed” in the Issuing State for EAW Purposes; “Heavier Penalty” Objections Confined Post‑Alchester II — Commentary on Minister for Justice v Koltun [2025] IEHC 549

Date: Oct 15, 2025

Converted Third‑State Sentences under the Transfer Convention Are Treated as “Imposed” in the Issuing State for EAW Purposes; “Heavier Penalty” Objections Confined Post‑Alchester II — Commentary on...

R v Madhi & Anor [2025] EWCA Crim 1401: Disapplying the s315 Minimum and Avoiding Mixed Youth Custody Regimes Where s250 Detention Is Imposed

Date: Oct 15, 2025

R v Madhi & Anor [2025] EWCA Crim 1401: Disapplying the s315 Minimum and Avoiding Mixed Youth Custody Regimes Where s250 Detention Is Imposed Introduction This Court of Appeal (Criminal Division)...

Time‑Bar Defence as “Immunity” under Section 18 of the Extradition Act 1965: Attorney General v Drislane [2025] IEHC 550

Date: Oct 15, 2025

Time‑Bar Defence as “Immunity” under Section 18 of the Extradition Act 1965: Attorney General v Drislane [2025] IEHC 550 Introduction This High Court decision clarifies the meaning of “immunity by...

Section 45 compliance satisfied by representation at offender‑requested sentence‑amalgamation hearing; issue estoppel no bar where the new EAW relies on a different in‑absentia ground (D.3.2)

Date: Oct 15, 2025

Section 45 compliance satisfied by representation at offender‑requested sentence‑amalgamation hearing; issue estoppel no bar where the new EAW relies on a different in‑absentia ground (D.3.2)...

SC v BT: Ordinary Residence for Cohabitant Redress Requires Objective, On‑the‑Ground Ties; “Throughout” Does Not Mean Continuous Presence

Date: Oct 14, 2025

SC v BT: Ordinary Residence for Cohabitant Redress Requires Objective, On‑the‑Ground Ties; “Throughout” Does Not Mean Continuous Presence Introduction This High Court decision (SC v BT, [2025] IEHC...

R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification

Date: Oct 11, 2025

R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification Introduction In R v Waldrom [2025] EWCA Crim 1380, the Court of...

R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending

Date: Oct 11, 2025

R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending Reporting...

R v Davis [2025] EWCA Crim 1485: Road Rage, Child Passengers and Guilty Plea Credit in Causing Serious Injury by Dangerous Driving

Date: Oct 10, 2025

R v Davis [2025] EWCA Crim 1485: Road Rage, Child Passengers and Guilty Plea Credit in Causing Serious Injury by Dangerous Driving 1. Introduction R v Davis [2025] EWCA Crim 1485 is a Court of Appeal...

Mackison v PF, Paisley: Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict

Date: Oct 10, 2025

Post‑conviction psychiatric developments as fresh evidence justifying the quashing of guilty‑plea convictions; no substitution of a section 51A verdict Case: Appeal following a reference from the...

Clancy v An Bord Pleanála [2025] IEHC 528: Limits on EU Environmental Challenges at the CPO Stage After Unchallenged Part 8 Consents

Date: Oct 10, 2025

Clancy & Anor v An Bord Pleanála & Ors [2025] IEHC 528: Limits on EU Environmental and Transposition Challenges at the Compulsory Purchase Order Stage After Unchallenged Part 8 Development Consents...

Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up hearings

Date: Oct 9, 2025

Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up...