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

EUTM Online “Targeting” and Irish Jurisdiction: “Reasonable Presumption” Requires Active Conduct, Not Mere Accessibility

Date: Jul 24, 2026

EUTM Online “Targeting” and Irish Jurisdiction: “Reasonable Presumption” Requires Active Conduct, Not Mere Accessibility Case: Easy Group Ltd and Anor v Easy Fundraising Ltd and Anor (Approved)...

Use of a Prior Section 18 Guilty Plea in a Later Murder Trial: When a Special “Previous Conviction” Direction Is Unnecessary

Date: Jul 24, 2026

Use of a Prior Section 18 Guilty Plea in a Later Murder Trial: When a Special “Previous Conviction” Direction Is Unnecessary Case: Twigg, R. v Neutral citation: [2026] EWCA Crim 1052 Court: Court of...

Without-prejudice settlement communications do not restart the mortgage limitation period under the Statute of Limitations 1957

Date: Jul 24, 2026

Without-prejudice settlement communications do not restart the mortgage limitation period under the Statute of Limitations 1957 1) Introduction In Kelly v Fennell & Ors; Havbell Designated Activity...

Voluntary Drug Abuse, High “Retained Responsibility”, and the Appropriateness of a Section 45A Hybrid Life Sentence for Diminished-Responsibility Manslaughter

Date: Jul 24, 2026

Voluntary Drug Abuse, High “Retained Responsibility”, and the Appropriateness of a Section 45A Hybrid Life Sentence for Diminished-Responsibility Manslaughter 1) Introduction R v Bauld [2026] EWCA...

Mortgagee Exclusion in Section 106 Affordable Housing Obligations: Registered Provider Status Tested at Mortgage Creation, Not at Sale

Date: Jul 23, 2026

MORTGAGEE EXCLUSION IN SECTION 106 AFFORDABLE HOUSING OBLIGATIONS: REGISTERED PROVIDER STATUS TESTED AT MORTGAGE CREATION, NOT AT SALE Case: Westminster City Council v Gems House Residences Chiltern...

Extraterritorial ECHR Jurisdiction and Nationality Decisions: No Article 1 “Jurisdiction” Where an Overseas Applicant Has No UK-Based Private Life or UK Control Over the Person

Date: Jul 23, 2026

Extraterritorial ECHR Jurisdiction and Nationality Decisions: No Article 1 “Jurisdiction” Where an Overseas Applicant Has No UK-Based Private Life or UK Control Over the Person 1. Introduction In R...

Privilege-Hunting as an Abuse of Process: Covertly Targeting an Opponent’s Solicitor Justifies Discharge of Freezing Orders

Date: Jul 23, 2026

Privilege-Hunting as an Abuse of Process: Covertly Targeting an Opponent’s Solicitor Justifies Discharge of Freezing Orders Case: Salinas Pliego & Anor v Astor Asset Management 3 Ltd & Ors [2026]...

Moorwand Ltd v Hamblin & Ors [2026] EWCA Civ 942 — Appellate restraint in Quincecare “put on inquiry” findings and demand-based limits on s.35A interest for account reconstitution

Date: Jul 23, 2026

Appellate restraint in Quincecare “put on inquiry” findings and demand-based limits on s.35A interest for account reconstitution Case: Moorwand Ltd v Hamblin & Ors Citation: [2026] EWCA Civ 942...

Relevant-date valuation in Scottish divorce: rejecting forced-sale discounts and post-date market “prisms” for trading-stock companies

Date: Jul 23, 2026

Relevant-date valuation in Scottish divorce: no forced-sale discount or post-date market “prism” for share valuations in trading-stock companies Court: Outer House, Court of Session (Scotland)...

Part 5 “New Matter” Consent Limits the Tribunal’s Article 8 / s.117B(6) Assessment

Date: Jul 23, 2026

Part 5 “New Matter” Consent Limits the Tribunal’s Article 8 / s.117B(6) Assessment Case: Rahim & Anor v Secretary of State for the Home Department [2026] EWCA Civ 930 Court: Court of Appeal (Civil...

Appellate restraint and documentary “cogency”: discussions of profit share do not establish a redevelopment partnership without a concluded, certain agreement

Date: Jul 23, 2026

Appellate restraint and documentary “cogency”: discussions of profit share do not establish a redevelopment partnership without a concluded, certain agreement 1) Introduction In EJW Builders Ltd &...

Contextual “Life‑Sustaining Treatment” Test under s.89 Assisted Decision‑Making (Capacity) Act 2015 and Capacity-Based Invalidity of Advance Healthcare Directives

Date: Jul 23, 2026

Contextual “Life‑Sustaining Treatment” under s.89 ADM(C)A 2015: Jurisdiction, Interim Treatment, and Capacity as a Ground of AHD Invalidity Case: Health Service Executive v MM (A Person Lacking...

Foreign-Judgment Res Judicata in Ireland: Material Change of Circumstances and Strict Proof of Corporate Privity

Date: Jul 23, 2026

Foreign-Judgment Res Judicata in Ireland: Material Change of Circumstances and Strict Proof of Corporate Privity 1) Introduction This decision of the High Court (Quinn J.) in Ryanair Designated...

Interim Teacher Suspension: A Non-Teaching Undertaking May Be Insufficient Without Public Register Transparency

Date: Jul 23, 2026

Interim Teacher Suspension: A Non-Teaching Undertaking May Be Insufficient Without Public Register Transparency Case: Teaching Council v V.U. (Approved) Citation: [2026] IEHC 625 Court: High Court of...

Common-law damages for non-penetrative childhood sexual abuse: cumulative injury, trust betrayal, and no separate aggravated award where factors are integrated

Date: Jul 23, 2026

Common-law damages for non-penetrative childhood sexual abuse: cumulative injury and trust betrayal, with no separate aggravated award where factors are integrated into compensation Case: Odumosu v...

Issue-Specific “Costs in the Cause” for Split-Success Interlocutory Injunctions Involving Distinct Termination Grounds

Date: Jul 23, 2026

Issue-Specific “Costs in the Cause” for Split-Success Interlocutory Injunctions Involving Distinct Termination Grounds 1. Introduction In Piramal Critical Care B.V. v Brepco Biopharma Limited [2026]...

No “Baseline Risk” Presumption: Individualised Necessity Required for Detention Pending Deportation under s 5(7) Immigration Act 1999

Date: Jul 23, 2026

No “Baseline Risk” Presumption: Individualised Necessity Required for Detention Pending Deportation under s 5(7) Immigration Act 1999 1) Introduction In K. (Detention Pending Deportation) v The...

Private Rented Sector Offers Automatically End the Main Housing Duty on Acceptance or Refusal

Date: Jul 23, 2026

Private Rented Sector Offers Automatically End the Main Housing Duty on Acceptance or Refusal 1. Introduction In R (on the application of Bano) v London Borough of Waltham Forest [2026] UKSC 22, the...

Contempt and Committal: Fair Hearing, Penal Endorsement, and Clarity of Injunctive Orders as Preconditions to Imprisonment

Date: Jul 23, 2026

Contempt and Committal: Fair Hearing, Penal Endorsement, and Clarity of Injunctive Orders as Preconditions to Imprisonment 1. Introduction Walsh v Keane (Approved) [2026] IEHC 534 is a High Court...

Inherent Jurisdiction to Exclude Persistently Disruptive Courtroom Attendees While Preserving Open Justice Through Remote Access

Date: Jul 23, 2026

Inherent Jurisdiction to Exclude Persistently Disruptive Courtroom Attendees While Preserving Open Justice Through Remote Access 1. Introduction In The Board Of Management Of Wilson's Hospital School...