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

Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Date: Oct 9, 2025

Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under...

Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland

Date: Oct 9, 2025

Public Protection under s.60 of the Medical Practitioners Act 2007: Diminished Weight to Livelihood Rights Where the Practitioner Does Not Practise in Ireland Introduction This commentary examines...

R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting

Date: Oct 9, 2025

R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting...

No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of Sussex Police & CPS v XGY [2025] EWCA Civ 1230

Date: Oct 9, 2025

No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of...

Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271

Date: Oct 9, 2025

Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271 Introduction...

Stewart v R [2025] EWCA Crim 1484: Finality of Third‑Party Determinations and the Limits of Receivership Appeals under POCA

Date: Oct 9, 2025

Stewart v R [2025] EWCA Crim 1484: Finality of Third‑Party Determinations and the Limits of Receivership Appeals under the Proceeds of Crime Act 2002 1. Introduction This commentary examines the...

One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data

Date: Oct 8, 2025

One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data Introduction In InterDigital Inc & Ors, In the Matter Of (Re Optis...

Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending

Date: Oct 8, 2025

Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending Citation: R v Mechita...

Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry

Date: Oct 8, 2025

Certification of Skilled Persons under the 2019 Rules: Technical Pleadings and “Conspicuity” Evidence Do Not Justify a Second Liability Expert Without Prior Inquiry Introduction This commentary...

Circumstantial Proof of Lure Type under Angling Bye-Law 635: Production of the Lure Not Required

Date: Oct 8, 2025

Circumstantial Proof of Lure Type under Angling Bye-Law 635: Production of the Lure Not Required Introduction This commentary examines Inland Fisheries Ireland v Connors [2025] IEHC 530, a High Court...

“Decision” Exists Only on Service: Court of Appeal Holds JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence (Dhandapani v SSHD [2025] EWCA Civ 1244)

Date: Oct 8, 2025

“Decision” Exists Only on Service: JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence Case: Dhandapani, R (On the Application Of) v Secretary of State for...

Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway

Date: Oct 8, 2025

Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway Case: M & M Solicitors v Crown Court at Leicester (wasted...

Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure

Date: Oct 8, 2025

Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure Introduction In Nevin...

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Date: Oct 8, 2025

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service...

Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527

Date: Oct 7, 2025

Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527 Court: High Court of Ireland (O’Connor J)...

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Date: Oct 7, 2025

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption Hippodrome Casino Ltd v Revenue and Customs [2025] EWCA...

Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process: GTLK Europe DAC (In Liquidation) v JSC “State Transport Leasing Company” [2025] IEHC 524

Date: Oct 7, 2025

Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process Commentary on GTLK Europe DAC (In Liquidation) v Companies Act...

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Date: Oct 4, 2025

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order Introduction This commentary...

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Date: Oct 4, 2025

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty Introduction In Orion Shipping and...

Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin applied)

Date: Oct 4, 2025

Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin...