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

“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed

Date: May 28, 2025

“From Medium-Risk to Lifelong Restriction” – Judicial Discretion to Impose an OLR on Young Offenders Affirmed Introduction In Appeal against Sentence by NS v. HMA ([2025] HCJAC 24) the Scottish High...

Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd

Date: May 28, 2025

Limiting Post-Liability Evidence and Tailoring Nuisance Injunctions in Modular Trials: Principles from Webster & Anor v Meenacloghspar (Wind) Ltd 1. Introduction This commentary examines the High...

Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings

Date: May 28, 2025

Discretionary, Low-Threshold Tests for Authorisation and Permission in Scottish Group Proceedings Introduction This commentary examines the decision in Milligan v Jaguar Land Rover Automotive Plc and...

“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000

Date: May 28, 2025

“Beyond Finality” – A New Threshold for Exceptional Public Importance under s.50A(7) of the Planning and Development Act 2000 Introduction Grall v Meath County Council ([2025] IEHC 318) is a sequel...

Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions

Date: May 27, 2025

Strict Conception of the Public Policy Exception under the Brussels Regulation: Enforcement of Foreign Judgments Despite Domestic Champerty Prohibitions 1. Introduction In Scully v Coucal Ltd [2025]...

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast)

Date: May 27, 2025

Assignment Validity under Foreign Law Restricts Public Policy Exception in Brussels I (Recast) Introduction This commentary examines the Supreme Court of Ireland’s landmark decision in Scully v...

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965

Date: May 27, 2025

Invalidity of Post-Execution Alterations under Section 86 of the Succession Act 1965 Introduction The Estate of Michael Joseph McNally [Deceased], Re ([2025] IEHC 299) is a High Court probate...

No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act

Date: May 24, 2025

No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act Introduction This case concerns an appeal by the Manchester Ship Canal Company Ltd (“MSC”)...

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296)

Date: May 24, 2025

Expert Determination and Judicial Non-Interference: Sunward Holdings Ltd v Teqnion AB ([2025] IEHC 296) Introduction This case concerns a dispute between Sunward Holdings Limited (“Sunward”), the...

“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting”

Date: May 24, 2025

“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting” Introduction Bhundia v Dhar (Re Five Delta Ltd – Insolvency Act 1986) [2025] EWHC 1227 (Ch) is a Court of...

Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules

Date: May 24, 2025

Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules Introduction This case, Secretary of State for Health and Social Care & Ors v Lundbeck Ltd &...

Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R

Date: May 24, 2025

Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R Introduction De Zoysa v R ([2025] EWCA Crim 668) is a landmark Court...

“May Not” Is Not Enough: Burden of Disproving Self‑Defence for Secondary Parties and the Decisive Role of Route‑to‑Verdict Directions — Cunningham & Ors v R [2025] EWCA Crim 662

Date: May 24, 2025

“May Not” Is Not Enough: Burden of Disproving Self‑Defence for Secondary Parties and the Decisive Role of Route‑to‑Verdict Directions — Cunningham & Ors v R [2025] EWCA Crim 662 Note on reporting...

Drug Conspiracy Sentencing: Appellate Restraint and Individualised Mental-Health Mitigation

Date: May 24, 2025

Drug Conspiracy Sentencing: Appellate Restraint and Individualised Mental-Health Mitigation Court: England and Wales Court of Appeal (Criminal Division) Neutral citation: [2025] EWCA Crim 739 Date:...

Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29

Date: May 24, 2025

Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29 1. Introduction R v Beckett [2025] NICA 29 concerns a reference brought by the Director of...

“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence

Date: May 24, 2025

“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence 1. Introduction R v Humphreys ([2025] EWCA Crim 743) is the latest...

Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS)

Date: May 24, 2025

Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS) Introduction Mustaj v Secretary of State for the Home Department ([2025] EWCA Civ 663) is a Court of Appeal decision...

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Date: May 24, 2025

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified Introduction This commentary examines the High Court’s decision in...

De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

Date: May 24, 2025

De Novo Review and Oral-Hearing Discretion in International Protection Appeals Introduction M.M.S. v International Protection Appeals Tribunal & Ors [2025] IEHC 294 is a High Court judgment of Mr...

Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the HRA

Date: May 24, 2025

Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the Human Rights Act 1998 Introduction This commentary examines the Court of Appeal decision in Tortoise...