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

Fresh CPTSD Evidence and Loss of Control: When New Psychiatric Labels Cannot Recast a Trial Strategy on Appeal

Date: Feb 21, 2026

Fresh CPTSD Evidence and Loss of Control: When New Psychiatric Labels Cannot Recast a Trial Strategy on Appeal Case: O'Shaughnessy, R. v Citation: [2026] EWCA Crim 141 Court: England and Wales Court...

Section 5 “Significant Risk” Need Not Be Pre-existing: Coterminous Risk from the Unlawful Act Suffices (R v Jamal)

Date: Feb 21, 2026

Section 5 “Significant Risk” Need Not Be Pre-existing: Coterminous Risk from the Unlawful Act Suffices Case: Jamal, R. v (Rev1) Citation: [2026] EWCA Crim 135 Court: EWCA (Criminal Division) Date: 19...

Reeves: Mandatory Doli Incapax Directions for Pre‑30 September 1998 Under‑14 Offending, and No “Spillover” to 14+ Counts

Date: Feb 21, 2026

Reeves: Mandatory Doli Incapax Directions for Pre‑30 September 1998 Under‑14 Offending, and No “Spillover” to 14+ Counts 1. Introduction R. v Reeves ([2026] EWCA Crim 321, 20 February 2026) is a...

Section 45 EAW Act: “Final and Absolute” Convictions Do Not Bar Surrender Where an Unconditional Post‑Surrender Retrial Right Exists and Absence Was Deliberate

Date: Feb 21, 2026

Section 45 EAW Act: “Final and Absolute” Convictions Do Not Bar Surrender Where an Unconditional Post‑Surrender Retrial Right Exists and Absence Was Deliberate 1) Introduction Minister For Justice v...

R v Latham [2026] EWCA Crim 269 — Totality in Multi‑Victim Child Sexual Offending: Generous Youth/Personal Mitigation and Maximum Extension Can Still Defeat an Unduly Lenient Reference

Date: Feb 21, 2026

R v Latham [2026] EWCA Crim 269 — Totality in Multi‑Victim Child Sexual Offending: Generous Youth/Personal Mitigation and Maximum Extension Can Still Defeat an Unduly Lenient Reference 1....

Mootness in Disciplinary Appeal Panel Litigation: Proceedings Struck Out Where Resignations and Undertakings Deliver the Core Relief

Date: Feb 21, 2026

Mootness in Disciplinary Appeal Panel Litigation: Proceedings Struck Out Where Resignations and Undertakings Deliver the Core Relief 1) Introduction In Burke v O'Longain and Ors [2026] IEHC 126, the...

Aziz v R: Refusing Adjournment for Further Encrochat Expert Work and Managing Prosecution Closing Submissions Where an Accused Is Unrepresented

Date: Feb 21, 2026

Aziz v R: Refusing Adjournment for Further Encrochat Expert Work and Managing Prosecution Closing Submissions Where an Accused Is Unrepresented 1. Introduction Aziz v R ([2026] EWCA Crim 127, 20...

Section 60(3)(a)(iv) DPA 2018 upheld as an Article 23 GDPR-compliant litigation restriction, and confidentiality recognised under Article 15(4)

Date: Feb 21, 2026

Section 60(3)(a)(iv) DPA 2018 upheld as an Article 23 GDPR-compliant litigation restriction, and confidentiality recognised under Article 15(4) Case: O'Brien v The Data Protection Commission and Ors...

Totality in Historical Sexual Offending Spanning Youth to Adulthood: Upholding an Offender of Particular Concern Sentence and Correcting Youth Sentencing Maximums (R v WFU)

Date: Feb 21, 2026

Totality in Historical Sexual Offending Spanning Youth to Adulthood: Upholding an “Offender of Particular Concern” Sentence and Correcting Youth Sentencing Maximums 1. Introduction WFU, R. v [2026]...

Waiver of Privilege and the “Significant Injustice” Threshold for Massively Out-of-Time Criminal Appeals

Date: Feb 21, 2026

Waiver of Privilege and the “Significant Injustice” Threshold for Massively Out-of-Time Criminal Appeals 1) Introduction R. v Kakaie ([2026] EWCA Crim 258) concerns a renewed application to the...

Structural Claim Limits Trump Equivalence Where the Specification Discloses No General Principle; Pre‑Transfer IPEC Costs Remain Capped Absent Good Reason to Depart

Date: Feb 20, 2026

Structural Claim Limits Trump Equivalence Where the Specification Discloses No General Principle; Pre‑Transfer IPEC Costs Remain Capped Absent Good Reason to Depart Case: Salts Healthcare Ltd v...

Sanctions-Based Travel Bans Defeat “Presence” for Common Law Jurisdiction: Service at UK “Usual Residence” Invalid Without Permission to Serve Out

Date: Feb 20, 2026

Sanctions-Based Travel Bans Defeat “Presence” for Common Law Jurisdiction: Service at UK “Usual Residence” Invalid Without Permission to Serve Out 1. Introduction Fridman v Agrofirma Oniks LLC & Anor...

Amenability of LEIP/RIBA School Site-Selection Decisions to Judicial Review (and the Limits of Common-Law Consultation)

Date: Feb 20, 2026

Amenability of LEIP/RIBA School Site-Selection Decisions to Judicial Review (and the Limits of Common-Law Consultation) 1. Introduction Mull Campus Working Group Limited for Judicial Review ([2026]...

Blameworthy Post-Complaint Delay Breaches the Right to Expedition but Will Not Prohibit Trial Absent Specific, Incurable Prejudice or Wholly Exceptional Circumstances

Date: Feb 20, 2026

Blameworthy Post-Complaint Delay Breaches the Right to Expedition but Will Not Prohibit Trial Absent Specific, Incurable Prejudice or Wholly Exceptional Circumstances 1. Introduction M. v The...

R v Fletcher: Youth Sentencing Is Not a Mechanistic “Two-Thirds Discount” and Judges May Find Facilitation/Planning at Sentence

Date: Feb 20, 2026

R v Fletcher: Youth Sentencing Is Not a Mechanistic “Two-Thirds Discount” and Judges May Find Facilitation/Planning at Sentence 1. Introduction R v Fletcher ([2026] EWCA Crim 252) is a sentencing...

Force Majeure Not a Defence to Francovich Damages for Denial of EU Reception Conditions (and Damages Are Compensatory, Not Punitive)

Date: Feb 20, 2026

Force Majeure Not a Defence to Francovich Damages for Denial of EU Reception Conditions (and Damages Are Compensatory, Not Punitive) Court: High Court of Ireland (Judicial Review) | Citation: [2026]...

Section 160 / Section 57 Enforcement Proceedings Are Confined to Injunctive Planning/Waste Remedies: EU-Law Declarations, Damages and Article 267 References Are Not Maintainable Against a Private Respondent

Date: Feb 20, 2026

Section 160 / Section 57 Enforcement Proceedings Are Confined to Injunctive Planning/Waste Remedies: EU-Law Declarations, Damages and Article 267 References Are Not Maintainable Against a Private...

Emails Are Not Applications: Post‑Judgment Procedure, Limits of Leeway for Self‑Represented Litigants, and Perfection of Orders

Date: Feb 20, 2026

Emails Are Not Applications: Post‑Judgment Procedure, Limits of Leeway for Self‑Represented Litigants, and Perfection of Orders 1) Introduction Tuskar Property Holdings Ltd (In Liquidation) & Ors v...

Sentencing for Contempt by False Evidence: Assault Guidelines Are Inapplicable and the Crosland Framework Governs

Date: Feb 20, 2026

Sentencing for Contempt by False Evidence: Assault Guidelines Are Inapplicable and the Crosland Framework Governs 1. Introduction Ajao v Commerzbank AG concerned committal proceedings for contempt...

Jury Irregularity Management: Arguable Missteps on Juror Conflict and Jury-Note Handling Justify Leave to Appeal (R v Boyce)

Date: Feb 20, 2026

Jury Irregularity Management: Arguable Missteps on Juror Conflict and Jury-Note Handling Justify Leave to Appeal (R v Boyce) Introduction R. v Boyce ([2026] EWCA Crim 256, 19 February 2026) is a...