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

The Costin Discretion: Court of Appeal Confirms No Mandatory Credit for Lost Parole Opportunity of IPP Prisoners

Date: May 22, 2025

The Costin Discretion: Court of Appeal Confirms No Mandatory Credit for Lost Parole Opportunity of IPP Prisoners 1. Introduction Costin, R. v ([2025] EWCA Crim 729) is a significant Court of Appeal...

Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle

Date: May 22, 2025

Clarifying Judicial Power Over Witness Sequencing: MA v RE & the Conditional Departure from the Briscoe Principle Introduction In MA v RE ([2025] IEHC 341), Ms. Justice Nuala Jackson was asked, at an...

Supreme Court Confirms Statutory Right to Wild-Camp on Dartmoor: Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20

Date: May 22, 2025

Supreme Court Confirms Statutory Right to Wild-Camp on Dartmoor: Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20 1. Introduction The United Kingdom Supreme Court has delivered a...

Child’s Best Interests Paramount in Non-Convention Summary Return: Re O [2025] EWCA Civ 660

Date: May 22, 2025

Child’s Best Interests Paramount in Non-Convention Summary Return: Re O [2025] EWCA Civ 660 Introduction This landmark appeal concerned the mother’s challenge to an order for the summary return of...

Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings

Date: May 22, 2025

Waiver of Trial Attendance and Definition of “Trial Resulting in the Decision” in European Arrest Warrant Proceedings Introduction Minister for Justice and Equality v Puk ([2025] IEHC 295) concerned...

“Payment Triggers Contribution” – The Supreme Court on Accrual of Contribution Claims and the Limits of Building Safety Act Retrospection (URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21)

Date: May 22, 2025

“Payment Triggers Contribution” – The Supreme Court on Accrual of Contribution Claims and the Limits of Building Safety Act Retrospection Commentary on URS Corporation Ltd v BDW Trading Ltd ([2025]...

Effective-Cause Principle in Part-Time Workers’ Rights: Broader Interpretation of Regulation 5

Date: May 21, 2025

Effective-Cause Principle in Part-Time Workers’ Rights: Broader Interpretation of Regulation 5 Introduction Augustine v Data Cars Ltd ([2025] EWCA Civ 658) is a Court of Appeal decision concerning...

Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards

Date: May 21, 2025

Establishing the Two‐Injury Valuation Approach and Overlap Discount in Scottish Personal Injury Awards Introduction This commentary examines the Court of Session’s decision in Tracy McFadyean v...

Information-Gathering Resolutions and the Public Service Equality Duty: McLean v Aberdeen City Council ([2025] CSIH 13)

Date: May 21, 2025

Information-Gathering Resolutions and the Public Service Equality Duty Introduction Simon McLean, a resident of Torry in Aberdeen, uses St Fittick’s Park (“the Park”) for recreation and well-being....

Natural Justice Exception to Finality of UT Decisions: Scope and Application of Section 11A(4)(c)(ii) in Judicial Review

Date: May 21, 2025

Natural Justice Exception to Finality of UT Decisions: Scope and Application of Section 11A(4)(c)(ii) in Judicial Review Introduction Chowdhury R (on the application of) v Secretary of State for the...

Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders

Date: May 21, 2025

Equitable Expansion: Photographic Identification in Norwich Pharmacal and Bankers’ Trust Orders Introduction In Boulbet v SumUp Ltd ([2025] IEHC 285), Mr. Justice Nolan of the High Court of Ireland...

Sentencing Guidance and Plea Advice in Racial Hatred Offences: Connolly v R [2025] EWCA Crim 657

Date: May 21, 2025

Sentencing Guidance and Plea Advice in Racial Hatred Offences: Connolly v R [2025] EWCA Crim 657 Introduction This commentary examines the Court of Appeal’s decision in Connolly v R [2025] EWCA Crim...

Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria)

Date: May 21, 2025

Clean Hands, Abuse of Process and Delay: Governing Interlocutory Injunctions in Property Receivership (Kehoe v Promontoria) Introduction Kehoe v Promontoria (Aran) Ltd & Anor [2025] IEHC 286 is a...

Precision and Clarity in Injunctions: Protecting Tenants from Unjust Committal

Date: May 21, 2025

Precision and Clarity in Injunctions: Protecting Tenants from Unjust Committal Introduction This commentary examines the Court of Appeal’s decision in Connexus Homes Ltd v Weaver & Anor ([2025] EWCA...

“Weighted Lead-Count Uplifts” & Vulnerability of Sleeping Victims: A Commentary on Revill, R. v ([2025] EWCA Crim 762)

Date: May 21, 2025

“Weighted Lead-Count Uplifts” & Vulnerability of Sleeping Victims: Commentary on Revill, R. v ([2025] EWCA Crim 762) 1. Introduction Revill, R. v ([2025] EWCA Crim 762) is a Solicitor-General...

Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors

Date: May 21, 2025

Defining Suitability and Efficiency in Scottish Group Proceedings: Mackay v Nissan Motor Co Ltd & Ors Introduction This commentary examines the Inner House decision in Reclaiming Motion by Joseph...

“Consent Is Not Enough” – The Evidential Necessity Requirement for Restraining Orders on Acquittal after Webb-Johnson, R. v ([2025] EWCA Crim 1084)

Date: May 21, 2025

“Consent Is Not Enough” – The Evidential Necessity Requirement for Restraining Orders on Acquittal Introduction The Court of Appeal (Criminal Division) decision in Webb-Johnson, R. v ([2025] EWCA...

Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act

Date: May 20, 2025

Ensuring Compliance with Development Plans in SHD Applications: Obligations Under Section 9(6) of the 2016 Act Introduction This commentary examines the High Court judgment in Protect East Meath Ltd...

Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening

Date: May 20, 2025

Flexibility and Rigor in Irish SHD Law: Material Contravention, Pre-Application Consultation and EIA Screening Introduction The High Court’s decision in Concerned Residents of Coolkill, Sandyford...

Section 84(1)(aa) and Strategic Control: Practical Benefits of Restrictive Covenants in Urban Redevelopment

Date: May 20, 2025

Section 84(1)(aa) and Strategic Control: Practical Benefits of Restrictive Covenants in Urban Redevelopment Introduction The Court of Appeal’s decision in Great Jackson St Estates Ltd v Council of...