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

Academic EHCP Appeals: No Appellate Determination Where No Practical Relief and No Jurisdiction for Hypothetical Declarations

Date: Mar 7, 2026

Academic EHCP Appeals: No Appellate Determination Where No Practical Relief and No Jurisdiction for Hypothetical Declarations 1) Introduction London Borough of Hillingdon v AP & Anor ([2026] EWCA Civ...

Denial of Index Offence Does Not Itself Defeat “Real Opportunity for Rehabilitation” Under Article 5: Suitability-Based Access to SCP and No Duty to Create Innocence-Specific Courses

Date: Mar 7, 2026

Denial of Index Offence Does Not Itself Defeat “Real Opportunity for Rehabilitation” Under Article 5: Suitability-Based Access to SCP and No Duty to Create Innocence-Specific Courses 1. Introduction...

Kay v Martineau Johnson (a firm) [2026] EWCA Civ 224 — Constructive Knowledge Under s.14A Limitation Act 1980: The Proviso, Independent Advice, and the Limited Role of Impecuniosity

Date: Mar 7, 2026

Kay v Martineau Johnson (a firm) [2026] EWCA Civ 224 — Constructive Knowledge Under s.14A Limitation Act 1980: The Proviso, Independent Advice, and the Limited Role of Impecuniosity Court: England...

Res gestae admission of prisoners’ spontaneous denials to prison officers; no automatic need for s 49C(2) “reasonable excuse” directions on a bare evidential footing

Date: Mar 7, 2026

Res gestae admission of prisoners’ spontaneous denials to prison officers; no automatic need for s 49C(2) “reasonable excuse” directions on a bare evidential footing 1) Introduction This is an appeal...

Screening Decisions Unlawful Where Landscape “Magnitude” is Narrowly Calculated and Identified Priority Species Risks Are Not Properly Informed or Reasoned

Date: Mar 7, 2026

Screening Decisions Unlawful Where Landscape “Magnitude” is Narrowly Calculated and Identified Priority Species Risks Are Not Properly Informed or Reasoned Court: Scottish Court of Session (Outer...

Conveyancing Advice on Missing Completion Certificates: Informed Client Instruction Defeats Breach, and “Scope of Duty” Limits Loss to the Certification Risk

Date: Mar 7, 2026

Conveyancing Advice on Missing Completion Certificates: Informed Client Instruction Defeats Breach, and “Scope of Duty” Limits Loss to the Certification Risk 1. Introduction In Karen Lamb against...

Siniakovich v Hassan-Soudey & Ors [2026] EWCA Civ 215 — Underpayment of Issue Fee Does Not Prevent an Action Being “Brought” for Limitation Purposes on Receipt of the Claim Form

Date: Mar 7, 2026

Underpayment of Issue Fee Does Not Prevent an Action Being “Brought” for Limitation Purposes on Receipt of the Claim Form Case: Siniakovich v Hassan-Soudey & Ors [2026] EWCA Civ 215 (CA (Civil...

Section 18(8) WIA as a Bar to Chapter II Competition Damages Where the Alleged Abuse Depends on Breach of Ofwat Licence Reporting Duties

Date: Mar 7, 2026

Section 18(8) WIA as a Bar to Chapter II Competition Damages Where the Alleged Abuse Depends on Breach of Ofwat Licence Reporting Duties 1. Introduction Roberts v Severn Trent Water Limited & Severn...

Outer-Ring Disclosure for “Crown Jewel” Supplier Lists Where Needed for Fair Conduct of Competition Proceedings

Date: Mar 7, 2026

Outer-Ring Disclosure for “Crown Jewel” Supplier Lists Where Needed for Fair Conduct of Competition Proceedings Case: Roadget Business PTE Ltd & Anor v Whaleco UK Ltd Citation: [2026] EWCA Civ 221...

Strict Hysaj-Style Discipline for UT Judicial Review and CPR 52.9 Appeals: Merits Matter Only if “Very Strong/Very Weak”, and “Serious Harm” Includes Societal Harm in Child-Sex Facilitation Offences

Date: Mar 7, 2026

Strict Hysaj-Style Discipline for UT Judicial Review and CPR 52.9 Appeals: Merits Matter Only if “Very Strong/Very Weak”, and “Serious Harm” Includes Societal Harm in Child-Sex Facilitation Offences...

Attersley v UK Insurance Ltd — Part 36.20 Fixes Costs by Reference to the Expiry of the Relevant Period, Not Later Multi-Track Allocation

Date: Mar 7, 2026

Part 36.20 Fixes Costs by Reference to the Expiry of the Relevant Period, Not Later Multi-Track Allocation 1. Introduction Attersley v UK Insurance Ltd ([2026] EWCA Civ 217, CA (Civ Div), 4 March...

ICSID Article 54(1) as a Treaty-Based Submission Waiving Adjudicative State Immunity for UK Registration and Enforcement

Date: Mar 7, 2026

ICSID Article 54(1) as a Treaty-Based Submission Waiving Adjudicative State Immunity for UK Registration and Enforcement Case: The Kingdom of Spain v Infrastructure Services Luxembourg S.A.R.L. &...

Examinership Not for Special-Purpose Property SPVs with Incidental Employment: Discretion to Refuse Confirmation Where No Community Benefit and Creditor Prejudice

Date: Mar 7, 2026

Examinership Not for Special-Purpose Property SPVs with Incidental Employment: Discretion to Refuse Confirmation Where No Community Benefit and Creditor Prejudice Case: KC Capital Property Group Ltd...

CBOs require timely notice and a proven, tailored link between the offending and harassment/alarm/distress

Date: Mar 7, 2026

CBOs require timely notice and a proven, tailored link between the offending and harassment/alarm/distress Introduction In R v Simms [2026] EWCA Crim 379, the Court of Appeal (Criminal Division)...

Singh, R. v [2026] EWCA Crim 345 — Commentary

Date: Mar 7, 2026

Attorney-General’s Reference: Insufficient “Totality” Uplift Makes a Concurrent Sentence Unduly Lenient 1. Introduction R v Govinder Singh concerns an Attorney-General’s Reference under section 36 of...

R v Brooks [2026] EWCA Crim 410 — Section 100 CJA 2003: “Substantial Probative Value” Requires More Than General Credibility Attacks and Must Avoid Satellite Litigation

Date: Mar 7, 2026

R v Brooks [2026] EWCA Crim 410 — Section 100 CJA 2003: “Substantial Probative Value” Requires More Than General Credibility Attacks and Must Avoid Satellite Litigation 1. Introduction In Brooks, R....

Immigration Bail Is Not “Detention” for Habeas Corpus Unless Conditions Amount to a Significant Curtailment of Liberty

Date: Mar 6, 2026

Immigration Bail Is Not “Detention” for Habeas Corpus Unless Conditions Amount to a Significant Curtailment of Liberty 1. Introduction CHK, R (On the Application Of) v Secretary of State for the Home...

Sequential-Sale Injunctions in Receiver/Mortgagee Sales: Postponing Sale of One Charged Asset Where Another May Discharge the Debt

Date: Mar 6, 2026

Sequential-Sale Injunctions in Receiver/Mortgagee Sales: Postponing Sale of One Charged Asset Where Another May Discharge the Debt Introduction This High Court judgment (O’Connell J, 3 March 2026)...

Townsend v Epsom and St Helier University Hospitals NHS Trust: No “Clinical Decision” Carve‑Out—Life‑Sustaining Treatment for Incapacitous Adults Must Be Determined Under MCA Best Interests, with Court of Protection Resolution Where Disputed

Date: Mar 6, 2026

Townsend v Epsom and St Helier University Hospitals NHS Trust: No “Clinical Decision” Carve‑Out—Life‑Sustaining Treatment for Incapacitous Adults Must Be Determined Under MCA Best Interests, with...

“Highly Consistent” Psychiatric Findings Must Be Weighed on Credibility and Persecution: Limits of Mere Quotation of Medico-Legal Reports (and a Multi-Factor Approach to s.5(2) Extensions)

Date: Mar 6, 2026

“Highly Consistent” Psychiatric Findings Must Be Weighed on Credibility and Persecution: Limits of Mere Quotation of Medico-Legal Reports (and a Multi-Factor Approach to s.5(2) Extensions) 1....