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

Schedule 10 paragraph 25 Sentencing Act 2020: Crown Court may revoke a magistrates’ community order when activating a suspended sentence imposed on committal for sentence

Date: Apr 22, 2026

Schedule 10 paragraph 25 Sentencing Act 2020: Crown Court may revoke a magistrates’ community order when activating a suspended sentence imposed on committal for sentence 1. Introduction In R v...

Limits of Section 3 HRA: No “Reading-In” Disability Protection for Armed Forces Service Under Equality Act Schedule 9

Date: Apr 22, 2026

Limits of Section 3 HRA: No “Reading-In” Disability Protection for Armed Forces Service Under Equality Act Schedule 9 1. Introduction L & Anor v Ministry of Defence [2026] EWCA Civ 602 is a Court of...

Section 38 Courts of Justice Act 1936 Appeals Are De Novo Where Oral Evidence Was Given (and “Re-hearing” in Supreme Court Practice Does Not Alter That)

Date: Apr 22, 2026

Section 38 Courts of Justice Act 1936 Appeals Are De Novo Where Oral Evidence Was Given (and “Re-hearing” in Supreme Court Practice Does Not Alter That) Case: O'Brien and Anor v Gill (Approved)...

Limits on Court-Ordered State Intervention in Foreign Hague Return Enforcement

Date: Apr 22, 2026

Limits on Court-Ordered State Intervention in Foreign Hague Return Enforcement 1) Introduction In AB v An Taoiseach and Ors (Approved) [2026] IEHC 236, the High Court (Mr Justice Conleth Bradley)...

Validity of MG4 Written Charges: “Ordinary Language” Suffices and Administrative Defects Do Not Defeat Sending for Trial

Date: Apr 22, 2026

Validity of MG4 Written Charges: “Ordinary Language” Suffices and Administrative Defects Do Not Defeat Sending for Trial 1. Introduction In R v Ali [2026] EWCA Crim 634, the Court of Appeal (Criminal...

Duty to Give Clear Reasons When a Disciplinary Decision-Maker Departs from an Investigating Committee’s Findings

Date: Apr 22, 2026

Duty to Give Clear Reasons When a Disciplinary Decision-Maker Departs from an Investigating Committee’s Findings Court: Outer House, Court of Session Judge: Lord Colbeck Citation: Petition of Andrew...

Judicial Interventions and Safe Convictions: When Trial Management of Cross‑Examination Does Not Render a Jury Verdict Unsafe

Date: Apr 22, 2026

Judicial Interventions and Safe Convictions: When Trial Management of Cross‑Examination Does Not Render a Jury Verdict Unsafe 1. Introduction In R v Sousa [2026] EWCA Crim 585, the Court of Appeal...

High Court of Ireland: Split-Track Appeals for GDPR Fines and Infringement Findings Under the Data Protection Act 2018

Date: Apr 21, 2026

Split-Track GDPR Enforcement Appeals: Section 142 Is Fine-Only, With “Appeal on the Record” Review and Discretionary Fresh Evidence Under Sections 142 and 150 1. Introduction In LinkedIn Ireland...

“Taking Advantage” in Treaty Anti‑Abuse Clauses Means Abusive Use Contrary to Treaty Purpose (Not Mere Enjoyment of Relief)

Date: Apr 21, 2026

“Taking Advantage” in Treaty Anti‑Abuse Clauses Means Abusive Use Contrary to Treaty Purpose (Not Mere Enjoyment of Relief) 1. Introduction Revenue And Customs v Burlington Loan Management DAC...

Funding a Genuine Employee-Trust Loan Is Not “Earnings”: Limits of Rangers and the “Redirected Earnings” Doctrine

Date: Apr 18, 2026

Funding a Genuine Employee-Trust Loan Is Not “Earnings”: Limits of Rangers and the “Redirected Earnings” Doctrine 1. Introduction In Commissioners for His Majesty's Revenue and Customs v MR Currell...

Rutledge v Fingal County Council [2026] IEHC 223 — Enforcement Notice JR: Onus, Workability, and Time-Limit as Defence

Date: Apr 18, 2026

Enforcement Notice Judicial Review Does Not Become a Merits Appeal: the Applicant Bears the Onus, Procedural “Elaboration” is Unworkable, and the Seven-Year Rule Operates as a Defence 1) Introduction...

RDCOs Extend to Civil Contempt: “Criminal Proceedings” in the Recovery Regulations Takes Its LASPO Meaning

Date: Apr 18, 2026

RDCOs Extend to Civil Contempt: “Criminal Proceedings” in the Recovery Regulations Takes Its LASPO Meaning 1. Introduction Turk v The Legal Aid Agency ([2026] EWCA Civ 469) is a Court of Appeal...

Order 36, rule 5 RSC: Jury Trial as an Exceptional Direction and the Unsuitability of Hybrid Constitutional/ECHR Damages Actions

Date: Apr 18, 2026

Order 36, rule 5 RSC: Jury Trial as an Exceptional Direction and the Unsuitability of Hybrid Constitutional/ECHR Damages Actions 1. Introduction In Fox v The Director Of Public Prosecutions and Ors...

Firearms Act 1925 s 4A: Breach of Conditions Does Not Self-Nullify an Authorisation; Revocation of Firearm Certificates Requires Adequate Reasons

Date: Apr 18, 2026

Firearms Act 1925 s 4A: Breach of Conditions Does Not Self-Nullify an Authorisation; Revocation of Firearm Certificates Requires Adequate Reasons 1) Introduction In O'Donnell v Superintendent For The...

Security Enforcement Proceedings Under a Mortgage Jurisdiction Clause Do Not Breach a Separate Facility Arbitration Clause

Date: Apr 18, 2026

Security Enforcement Proceedings Under a Mortgage Jurisdiction Clause Do Not Breach a Separate Facility Arbitration Clause 1) Introduction FH Holding Moscow Ltd v AO UniCredit Bank & Anor [2026] EWCA...

PHI Benefit Payments Can Remain “Wages” After Dismissal Where the Obligation Survives Termination

Date: Apr 18, 2026

PHI Benefit Payments Can Remain “Wages” After Dismissal Where the Obligation Survives Termination Court: Scottish Court of Session (Inner House, Extra Division) Neutral citation: [2026] CSIH 19 Date:...

Section 2 Modern Slavery Act 2015: No Requirement to Prove ECAT “Means” for Adult Trafficking

Date: Apr 18, 2026

Section 2 Modern Slavery Act 2015: No Requirement to Prove ECAT “Means” for Adult Trafficking Case: Moon Swee How & Anor v R Court: England and Wales Court of Appeal (Criminal Division) Neutral...

MN (Vietnam): Whole-Decision Assessment of Persecution and Restraint in “Reasons” Challenges

Date: Apr 18, 2026

MN (Vietnam): Whole-Decision Assessment of Persecution and Restraint in “Reasons” Challenges 1. Introduction MN (Vietnam) v Secretary of State for the Home Department [2026] EWCA Civ 485 is a Court...

Inferring a “Shoot and Be Shot At” Agreement from Seconds of Reciprocal Gunfire: Applying Gnango as Confined by Seed and ARU

Date: Apr 18, 2026

Inferring a “Shoot and Be Shot At” Agreement from Seconds of Reciprocal Gunfire: Applying Gnango as Confined by Seed and ARU 1. Introduction In R v Durrell-Smith [2026] EWCA Crim 463 (CA (Crim Div),...

Totality Requires an Express “Stand Back” When Activating a Suspended Sentence and Imposing Consecutive Custody

Date: Apr 18, 2026

Totality Requires an Express “Stand Back” When Activating a Suspended Sentence and Imposing Consecutive Custody Introduction In R v King [2026] EWCA Crim 526 (17 April 2026), the Court of Appeal...