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

Cavan v Bunting [2025] NICA 68 — When Targeted Social-Media “Grooming” Allegations Cross Article 10 into Actionable Harassment

Date: Dec 20, 2025

Cavan v Bunting [2025] NICA 68 — When Targeted Social-Media “Grooming” Allegations Cross Article 10 into Actionable Harassment 1. Introduction Cavan v Bunting concerned the boundary between robust...

EAW “Correspondence” for School-Attendance Neglect: Sufficient Similarity of Regulatory Regimes Despite Covid Remote-Learning Context

Date: Dec 20, 2025

EAW “Correspondence” for School-Attendance Neglect: Sufficient Similarity of Regulatory Regimes Despite Covid Remote-Learning Context 1) Introduction Minister For Justice v Balogova (Approved) [2025]...

Repeat Presidential Election Challenges Struck Out as Res Judicata; Henderson Bar and Statutory Petition Exclusivity under the Presidential Elections Act 1993

Date: Dec 20, 2025

Repeat Presidential Election Challenges Struck Out as Res Judicata; Henderson Bar and Statutory Petition Exclusivity under the Presidential Elections Act 1993 1. Introduction Byrne v Tanaiste and Ors...

Immediate Custody as the Norm for Perverting the Course of Justice: Childcare Hardship Rarely Justifies Suspension in False Rape Allegation Cases

Date: Dec 20, 2025

Immediate Custody as the Norm for Perverting the Course of Justice: Childcare Hardship Rarely Justifies Suspension in False Rape Allegation Cases 1. Introduction R. v May ([2025] EWCA Crim 1782) is a...

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences

Date: Dec 19, 2025

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences 1. Introduction This commentary examines the decision of the England and Wales...

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672

Date: Dec 19, 2025

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672 1. Introduction This...

Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified

Date: Dec 19, 2025

Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified 1. Introduction The Court of Appeal’s decision in Secretary of State for the Home Department v...

Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt – Commentary on Michael v Michael [2025] EWCA Civ 1668

Date: Dec 19, 2025

Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt Commentary on Michael v Michael [2025] EWCA Civ 1668 1....

Enrichment Requires a Transfer of Value: Court of Appeal Narrows “At the Expense Of” in Unjust Enrichment (Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd)

Date: Dec 19, 2025

Enrichment Requires a Transfer of Value: Clarifying “At the Expense Of” in Unjust Enrichment and Digital Likeness Cases Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd [2025]...

Derby CC v UYR [2025] EWCA Civ 1648: Interim Relief in Age Assessment Judicial Review and the Role of Competing Section 20 Duties

Date: Dec 19, 2025

Derby City Council v UYR [2025] EWCA Civ 1648: No “Strong Prima Facie Case” Threshold for Interim Relief in Age Assessment Judicial Review, and the Effect of Existing Section 20 Accommodation 1....

HMRC v Sintra Global Inc: Clarifying the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals

Date: Dec 19, 2025

HMRC v Sintra Global Inc & Parul Malde [2025] EWCA Civ 1661: The Court of Appeal Clarifies the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals 1. Introduction The decision in...

Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ 1652

Date: Dec 19, 2025

Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ...

Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd

Date: Dec 19, 2025

Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd [2025] EWCA Civ 1662 1. Introduction The Court of Appeal’s...

Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Commentary on Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633

Date: Dec 19, 2025

Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Abbott v Dexcom [2025] EWCA Civ 1633 1. Introduction This commentary examines the Court of Appeal decision in...

Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49

Date: Dec 19, 2025

Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49 1. Introduction In Secretary of...

Evans v Barclays: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings

Date: Dec 19, 2025

Evans v Barclays Bank Plc & Ors [2025] UKSC 48: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings 1. Introduction This Supreme Court decision is now a leading...

R v Andrews: Appellate Restraint on Unduly Lenient Sentence References Where a Minimising Basis of Plea Was Accepted

Date: Dec 19, 2025

R v Andrews: Appellate Restraint on Unduly Lenient Sentence References Where a Minimising Basis of Plea Was Accepted 1. Introduction Andrews, R. v ([2025] EWCA Crim 1735) is a reference by the...

Reasonable Steps Beyond the Etridge Certificate in Spousal Suretyship: Fact-Specific Compliance and the Need for Transaction-by-Transaction Warnings

Date: Dec 19, 2025

Reasonable Steps Beyond the Etridge Certificate in Spousal Suretyship: Fact-Specific Compliance and the Need for Transaction-by-Transaction Warnings 1. Introduction Excel-A-Rate Business Services Ltd...

Over-Optimistic Sentencing Advice Does Not Normally Vitiate a Guilty Plea: Refusal of Late Conviction Appeal in R v McEvoy

Date: Dec 19, 2025

Over-Optimistic Sentencing Advice Does Not Normally Vitiate a Guilty Plea: Refusal of Late Conviction Appeal in R v McEvoy [2025] EWCA Crim 1747 1. Introduction R v McEvoy concerned a renewed...

Yellow Card Proportionality: Live Ammunition Unjustified Against a Bottle-Throwing Youth in Public Disorder (Inquest into Desmond Healey)

Date: Dec 19, 2025

Yellow Card Proportionality: Live Ammunition Unjustified Against a Bottle-Throwing Youth in Public Disorder (Inquest into Desmond Healey) 1. Introduction This decision is a published summary of the...