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

Confirmation under s.76(3) Medical Practitioners Act 2007: cancellation is inevitable where conviction shows permanent unfitness and gross abuse of trust

Date: Apr 14, 2026

Confirmation under s.76(3) Medical Practitioners Act 2007: cancellation is inevitable where conviction shows permanent unfitness and gross abuse of trust Case: Medical Council v Yunos (Approved)...

Expired Interim Compulsory Supervision Orders Do Not Automatically Render Stated-Case Appeals “Academic”

Date: Apr 11, 2026

Expired Interim Compulsory Supervision Orders Do Not Automatically Render Stated-Case Appeals “Academic” Scottish Court of Session, Inner House (Extra Division) — [2026] CSIH 18 (10 April 2026) 1....

District Court Jurisdiction After Defective Service: Issue of a 1986 Act Summons Invokes Jurisdiction; Attendance Usually Cures Service Defects Unless Rights Are Deliberately Violated

Date: Apr 11, 2026

District Court Jurisdiction After Defective Service: Issue of a 1986 Act Summons Invokes Jurisdiction; Attendance Usually Cures Service Defects Unless Rights Are Deliberately Violated 1) Introduction...

Section 108 LCLRA 2009 Does Not Confine a Receiver to “Income Only” Where the Mortgage Delegates a Power of Sale — and Delay May Disentitle an Applicant to Injunctive Relief

Date: Apr 10, 2026

Section 108 LCLRA 2009 Does Not Confine a Receiver to “Income Only” Where the Mortgage Delegates a Power of Sale — and Delay May Disentitle an Applicant to Injunctive Relief 1) Introduction In Rogers...

Commercial Receiver-Sale Injunctions: Even Where a Receiver’s Contractual Power of Sale Is Arguably Absent, Damages and the “Least Risk of Injustice” May Defeat Interlocutory Relief

Date: Apr 10, 2026

Commercial Receiver-Sale Injunctions: Even Where a Receiver’s Contractual Power of Sale Is Arguably Absent, Damages and the “Least Risk of Injustice” May Defeat Interlocutory Relief 1) Introduction...

Article 21 Hague Access in Scotland: Welfare-Based Recasting of a Foreign Contact Regime, Limits on Open-Ended “Extra Days”, and Resident-Parent Passport Retention

Date: Apr 9, 2026

Article 21 Hague Access in Scotland: Welfare-Based Recasting of a Foreign Contact Regime, Limits on Open-Ended “Extra Days”, and Resident-Parent Passport Retention 1. Introduction GNO (Petitioner) v...

Early Learning & Childcare Agreements as “Public Contracts” Only on Uptake, but Procurement Time Limits Run from Sufficient Knowledge (Not Disclosure of Contract Terms)

Date: Apr 9, 2026

Early Learning & Childcare Agreements as “Public Contracts” Only on Uptake, but Procurement Time Limits Run from Sufficient Knowledge (Not Disclosure of Contract Terms) Case: St Margarets Nursery LTD...

Reid v MCM Building & Civil Engineering Construction Ltd: Apportionment in Mesothelioma by “Fibre/ml-Years” Where Exposure Intensity Differs

Date: Apr 4, 2026

Reid v MCM Building & Civil Engineering Construction Ltd: Apportionment in Mesothelioma by “Fibre/ml-Years” Where Exposure Intensity Differs 1. Introduction John Reid sued two former employers—MCM...

Jones & Anor v R: No “Masih” Jury Direction Requirement and No Probative Weight in Absence of Police Intelligence

Date: Apr 4, 2026

Jones & Anor v R: No “Masih” Jury Direction Requirement and No Probative Weight in Absence of Police Intelligence 1. Introduction Jones & Anor v R concerned two appellants, Jordan Jones (driver) and...

British Citizens Returning to Scotland for Safety Are Not “Excepted Students” Comparable to Refugees for Home-Fee Eligibility

Date: Apr 4, 2026

British Citizens Returning to Scotland for Safety Are Not “Excepted Students” Comparable to Refugees for Home-Fee Eligibility 1. Introduction Leo Bruce Huisman against University of the Highlands and...

Section 6(4) Induced Error Requires Proof of Actual Reliance; Silence Unknown to the Creditor Cannot Suspend Prescription

Date: Apr 4, 2026

Section 6(4) Induced Error Requires Proof of Actual Reliance; Silence Unknown to the Creditor Cannot Suspend Prescription 1. Introduction Greater Glasgow Health Board (“GGHB”) reclaimed (appealed) a...

Foreign-property litigation can bar later Scottish damages claims where the same alleged agreement is the “foundation” of both cases (res judicata by substance, not remedy)

Date: Apr 4, 2026

Foreign-property litigation can bar later Scottish damages claims where the same alleged agreement is the “foundation” of both cases (res judicata by substance, not remedy) 1) Introduction Case:...

Metcalf v R [2026] EWCA Crim 412 — Solicitor Presence and Admissibility of Vulnerable-Suspect Interviews; Limits on Psychiatric Fresh Evidence

Date: Apr 3, 2026

Metcalf v R [2026] EWCA Crim 412 — Solicitor Presence and Admissibility of Vulnerable-Suspect Interviews; Limits on Psychiatric Fresh Evidence Court: England and Wales Court of Appeal (Criminal...

Van Buuren v Cambridgeshire Constabulary & Ors [2026] EWCA Civ 391 — Commentary

Date: Apr 3, 2026

Triable-Issue Threshold in Police Misfeasance Claims: Alleged Falsification and Failure to Seek Witness Evidence Makes Summary Judgment Inappropriate 1. Introduction Van Buuren v Cambridgeshire...

DFB, R. v [2026] EWCA Crim 399 — Procedural Fairness and CrimPR 31 Compliance for s.5A Restraining Orders on Acquittal

Date: Apr 3, 2026

Restraining Orders on Acquittal Must Comply with CrimPR 31 Evidence/Hearsay Notice Requirements (and Procedural Unfairness Will Quash the Order) 1) Introduction DFB, R. v [2026] EWCA Crim 399 is a...

Section 8(3) Disability Act 2005: NCSE Must Retain Case-by-Case Nomination Discretion; HSE Bears the Non‑Delegable “Gold Standard” Assessment Duty

Date: Apr 3, 2026

Section 8(3) Disability Act 2005: NCSE Must Retain Case-by-Case Nomination Discretion; HSE Bears the Non‑Delegable “Gold Standard” Assessment Duty 1) Introduction This combined judgment of the High...

Singh v Bains & Anor: Appellate Deference on Findings of Fact and the “Compelling Evidence” Threshold Despite Misplaced Reliance on Burden-of-Proof Last-Resort Principles

Date: Apr 3, 2026

Singh v Bains & Anor: Appellate Deference on Findings of Fact and the “Compelling Evidence” Threshold Despite Misplaced Reliance on Burden-of-Proof Last-Resort Principles 1. Introduction Singh v...

Merits-Style Complaints Against Judges Are Inadmissible Under s.53(3) Judicial Council Act 2019: No Right to an Oral Hearing or to Minutes of CRC Deliberations at Admissibility Stage

Date: Apr 3, 2026

Merits-Style Complaints Against Judges Are Inadmissible Under s.53(3) Judicial Council Act 2019: No Right to an Oral Hearing or to Minutes of CRC Deliberations at Admissibility Stage 1. Introduction...

Competition Damages: No “Err on the Side of Under-Compensation” When Using the Broad Axe (and Appellate Correction Where It Is Applied)

Date: Apr 3, 2026

Competition Damages: No “Err on the Side of Under-Compensation” When Using the Broad Axe (and Appellate Correction Where It Is Applied) 1. Introduction Granville Technology Group Ltd & Ors v LG...

Battery Needs No “Hostile Intent”: School Restraint and Seclusion Judged by Statutory Reasonableness (s.93 Education and Inspections Act 2006)

Date: Apr 3, 2026

Battery Needs No “Hostile Intent”: School Restraint and Seclusion Judged by Statutory Reasonableness (s.93 Education and Inspections Act 2006) 1) Introduction FXS (Through His Father And Litigation...