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

No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland

Date: Sep 30, 2025

No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland Introduction In AN v Renfrewshire Council and others [2025] CSOH...

Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised, post-closure facilities

Date: Sep 30, 2025

Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised,...

S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness

Date: Sep 30, 2025

S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness Introduction This...

O’Rourke v Minister for Defence & Ors [2025] IEHC 518: A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the 2014 Act

Date: Sep 30, 2025

A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the Protected Disclosures Act 2014 (as amended) Introduction This High Court judgment...

Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators

Date: Sep 30, 2025

Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators Introduction In Baniulyte v R...

“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516

Date: Sep 30, 2025

“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516 Court: High Court of Ireland (Owens J) | Citation: [2025] IEHC 516 | Date:...

Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence

Date: Sep 30, 2025

Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence Introduction In Secretary of State for the Home...

No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514

Date: Sep 30, 2025

No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514 Introduction This High Court of Ireland decision,...

Deemed transfer clauses require a notice to remedy and repudiatory breaches can be “capable of remedy”: Commentary on Kulkarni v Gwent Holdings Ltd [2025] EWCA Civ 1206

Date: Sep 30, 2025

Deemed transfer clauses require a notice to remedy and repudiatory breaches can be “capable of remedy” Commentary on Kulkarni v Gwent Holdings Ltd & Anor [2025] EWCA Civ 1206 (CA) Introduction The...

The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512

Date: Sep 30, 2025

The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512 Introduction In this judicial review, the High Court (Simons J) refused to restrain...

Full One-Third Plea Credit Preserved When Plea Is Delayed Only for Fitness-to-Plead Assessment and Intention Is Recorded: R v Muhammad [2025] EWCA Crim 1316

Date: Sep 27, 2025

Full One-Third Plea Credit Preserved When Plea Is Delayed Only for Fitness-to-Plead Assessment and Intention Is Recorded Case: Muhammad, R. v [2025] EWCA Crim 1316 Court: England and Wales Court of...

No Duty to “Condition into Compliance”: Scale, Distance, and Direct Linkage as Inherent Planning Considerations for Family-Flat Permissions

Date: Sep 27, 2025

No Duty to “Condition into Compliance”: Scale, Distance, and Direct Linkage as Inherent Planning Considerations for Family-Flat Permissions Case: Moran v An Bord Pleanála & Ors [2025] IEHC 510 (High...

Cromwell (R v) [2025]: Caring Responsibilities Do Not Compel Suspension Where Offending Is Not on the Cusp; 100‑Metre Restraining Orders Upheld

Date: Sep 26, 2025

Cromwell (R v) [2025]: Caring Responsibilities Do Not Compel Suspension Where Offending Is Not on the Cusp; 100‑Metre Restraining Orders Upheld Introduction This commentary analyses the judgment of...

R v Gates [2025] EWCA Crim 1313: Prison Conditions as a “Soft Factor” in Decisions to Suspend Short Custodial Sentences

Date: Sep 26, 2025

R v Gates [2025] EWCA Crim 1313: Prison Conditions as a “Soft Factor” in Decisions to Suspend Short Custodial Sentences Introduction This commentary examines the decision of the England and Wales...

Fuller, R. v [2025] EWCA Crim 1318 – Commentary

Date: Sep 26, 2025

Sentencing Appeals: Failure to Spell Out “Totality” or Each Suspension Factor Will Not Reduce Sentence Unless the Overall Term Is Manifestly Excessive 1) Introduction R v Fuller concerns an appeal...

“Peace of mind” is not enough: Necessity and future-risk as the touchstones for restraining orders under s.360 Sentencing Act 2020 — R v Amri [2025] EWCA Crim 1314

Date: Sep 26, 2025

“Peace of mind” is not enough: Necessity and future-risk as the touchstones for restraining orders under s.360 Sentencing Act 2020 — R v Amri [2025] EWCA Crim 1314 Court: England and Wales Court of...

“Haul Before You Cross”: Irish High Court imposes a duty of care on trawler operators over known submarine cables and affirms cost‑of‑repair damages without proof of payment — Virgin Media Wholesale Ltd v The Lida Suzanna [2025] IEHC 493

Date: Sep 25, 2025

“Haul Before You Cross”: A New Irish Admiralty Benchmark on Fishermen’s Duties to Subsea Cables and Cost‑of‑Repair Damages Introduction In Virgin Media Wholesale Ltd v Owners and All Persons Claiming...

Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation

Date: Sep 25, 2025

Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation Introduction In Sandoz AG & Rowex Ltd v Bayer...

Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material

Date: Sep 25, 2025

Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material Introduction In M v Minister for Justice, Home...

Harassment Limitation Runs from Cessation of the Course of Conduct: s18B(2)(a) Applied to Long-Running Domestic Abuse

Date: Sep 25, 2025

Harassment Limitation Runs from Cessation of the Course of Conduct: s18B(2)(a) Applied to Long-Running Domestic Abuse 1) Introduction X against Y (Court of Session) [2026] CSOH 54 (Outer House, Lord...