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  • Commentaries

admissibility-of-metadata-evidence-post-smyth:-a-new-precedent-in-irish-supreme-court Case Commentaries

Section 20C Juries Act 1974: Judicial Warnings on “Jury Equity” Placards Do Not Render Convictions Unsafe

Section 20C Juries Act 1974: Judicial Warnings on “Jury Equity” Placards Do Not Render Convictions Unsafe

Date: Jan 21, 2026
Section 20C Juries Act 1974: Judicial Warnings on “Jury Equity” Placards Do Not Render Convictions Unsafe Case: Webster & Ors v The King Citation: [2026] EWCA Crim 9 Court: Court of Appeal (Criminal...
[2026] HCJAC 2 — OLR/RAO: Risk Criteria Must Link to the Qualifying Offence (Not to Non‑Qualifying Dishonesty Harm)

[2026] HCJAC 2 — OLR/RAO: Risk Criteria Must Link to the Qualifying Offence (Not to Non‑Qualifying Dishonesty Harm)

Date: Jan 21, 2026
OLR/RAO in Crown Sentence Appeals: The risk criteria must be evidenced by (and linked to) the qualifying offence, not by psychological harm hypothesised from non‑qualifying dishonesty Case: Crown...
Asylum Claims Rarely Justify Adjournment of Extradition Appeals: Section 39(3) Stays Removal Without Staying the Appeal

Asylum Claims Rarely Justify Adjournment of Extradition Appeals: Section 39(3) Stays Removal Without Staying the Appeal

Date: Jan 21, 2026
Asylum Claims Rarely Justify Adjournment of Extradition Appeals: Section 39(3) Stays Removal Without Staying the Appeal Introduction This decision of the Appeal Court, High Court of Justiciary...
UKSC Rating Decisions Do Not Constitute a Scottish “Material Change of Circumstances” (and Cardtronics Is Not a New-Valuation-Principle Trigger)

UKSC Rating Decisions Do Not Constitute a Scottish “Material Change of Circumstances” (and Cardtronics Is Not a New-Valuation-Principle Trigger)

Date: Jan 21, 2026
UKSC Rating Decisions Do Not Constitute a Scottish “Material Change of Circumstances” (and Cardtronics Is Not a New-Valuation-Principle Trigger) 1) Introduction This Lands Valuation Appeal Court...
Limits of Government “Comfort Letter” Liability: No Assumed Responsibility to Disclose Regulatory Approval Risks (Biffa v Scottish Ministers)

Limits of Government “Comfort Letter” Liability: No Assumed Responsibility to Disclose Regulatory Approval Risks (Biffa v Scottish Ministers)

Date: Jan 21, 2026
Limits of Government “Comfort Letter” Liability: No Assumed Responsibility to Disclose Regulatory Approval Risks Introduction Court: Outer House, Court of Session (Commercial Action) Judge: Lord...
R v TPD [2026] EWCA Crim 16 — Sentencing for TPIM Breach: Harm is Inherently “Very Serious” and Culpability Turns on the Breach, Not Ideology

R v TPD [2026] EWCA Crim 16 — Sentencing for TPIM Breach: Harm is Inherently “Very Serious” and Culpability Turns on the Breach, Not Ideology

Date: Jan 21, 2026
Sentencing for TPIM Breach: Harm is Inherently “Very Serious” and Culpability Turns on the Breach, Not Ideology 1. Introduction Case: TPD, R. v [2026] EWCA Crim 16 (Court of Appeal (Criminal...
Sands, R. v [2026] EWCA Crim 15 — S.98 “Relationship-History” Evidence and the Limits of Mandatory Jury Directions in Consent Trials

Sands, R. v [2026] EWCA Crim 15 — S.98 “Relationship-History” Evidence and the Limits of Mandatory Jury Directions in Consent Trials

Date: Jan 21, 2026
S.98 “Relationship-History” Evidence and the Limits of Mandatory Jury Directions in Consent Trials (R v Sands) 1. Introduction R v Sands ([2026] EWCA Crim 15, CA (Crim Div), 20 January 2026) concerns...
Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface

Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface

Date: Jan 21, 2026
Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface 1) Introduction This “No. 2” judgment concerns X Internet Unlimited Company (the...
Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach

Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach

Date: Jan 21, 2026
Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach 1. Introduction The Board of Management of Wilson's Hospital School v Burke [No. 4]...
Windrush Compensation Scheme Claims Are Capable of “Civil Rights” Under Article 6—But Article 6 Is Not Engaged Absent a “Dispute”

Windrush Compensation Scheme Claims Are Capable of “Civil Rights” Under Article 6—But Article 6 Is Not Engaged Absent a “Dispute”

Date: Jan 20, 2026
Windrush Compensation Scheme Claims Are Capable of “Civil Rights” Under Article 6—But Article 6 Is Not Engaged Absent a “Dispute” Case: Oji, R (On the Application Of) v The Director of Legal Aid...
Upper Tribunal May Issue Weighting Guidance on Statutory Time-Extension Discretions: Martland/Katib Confirmed for VAT Act 1994 s 83G(6)

Upper Tribunal May Issue Weighting Guidance on Statutory Time-Extension Discretions: Martland/Katib Confirmed for VAT Act 1994 s 83G(6)

Date: Jan 20, 2026
Upper Tribunal May Issue Weighting Guidance on Statutory Time-Extension Discretions: Martland/Katib Confirmed for VAT Act 1994 s 83G(6) 1. Introduction Revenue And Customs v Medpro Healthcare Ltd &...
Part 36 Liability-Only Percentage Offers Can Engage CPR 36.17 in Principle (Overruling Mundy), But Not Where Liability Is Never Determined

Part 36 Liability-Only Percentage Offers Can Engage CPR 36.17 in Principle (Overruling Mundy), But Not Where Liability Is Never Determined

Date: Jan 19, 2026
Part 36 Liability-Only Percentage Offers Can Engage CPR 36.17 in Principle (Overruling Mundy), But Not Where Liability Is Never Determined 1) Introduction Smithstone v Tranmoor Primary School [2026]...
Lakeman, R. v — In‑Game Virtual Currency as “Property” Under s.4 Theft Act 1968

Lakeman, R. v — In‑Game Virtual Currency as “Property” Under s.4 Theft Act 1968

Date: Jan 16, 2026
Old School RuneScape “Gold Pieces” Are “Other Intangible Property” Capable of Being Stolen Under s.4 Theft Act 1968 Case: Lakeman, R. v | Citation: [2026] EWCA Crim 4 | Court: Court of Appeal...
Rule 55 Limits Post‑Draft Representations: New Issues Cannot Be Introduced to Found a Rule 68(2)(c) “Serious Irregularity” Appeal

Rule 55 Limits Post‑Draft Representations: New Issues Cannot Be Introduced to Found a Rule 68(2)(c) “Serious Irregularity” Appeal

Date: Jan 16, 2026
Rule 55 Limits Post‑Draft Representations: New Issues Cannot Be Introduced to Found a Rule 68(2)(c) “Serious Irregularity” Appeal 1. Introduction In Arbitration No.1 of 2025 ([2026] CSOH 2), Lord...
“Let Out” in LGFA 1988 s.64(2) Means Simply the Conferral of an Advertising Right: No Paramountcy/Control Test

“Let Out” in LGFA 1988 s.64(2) Means Simply the Conferral of an Advertising Right: No Paramountcy/Control Test

Date: Jan 16, 2026
“Let Out” in LGFA 1988 s.64(2) Means Simply the Conferral of an Advertising Right: No Paramountcy/Control Test Case: Network Rail Infrastructure Ltd v List (Valuation Officer) Citation: [2026] EWCA...
Habile Title and Multi-Level Plans: Inset Plans and “As Presently Occupied” Can Found Prescription and Register Rectification

Habile Title and Multi-Level Plans: Inset Plans and “As Presently Occupied” Can Found Prescription and Register Rectification

Date: Jan 16, 2026
Habile Title and Multi-Level Plans: Inset Plans and “As Presently Occupied” Can Found Prescription and Register Rectification 1. Introduction Elizabeth Pirnie against Douglas Rarity (Court of...
Rubery v Ministry of Defence: Section 121 Equality Act 2010—No Article 14/6 Incompatibility and No HRA s.3 “Rewrite” to Cure an Interlocking Scheme

Rubery v Ministry of Defence: Section 121 Equality Act 2010—No Article 14/6 Incompatibility and No HRA s.3 “Rewrite” to Cure an Interlocking Scheme

Date: Jan 16, 2026
Rubery v Ministry of Defence: Section 121 Equality Act 2010—No Article 14/6 Incompatibility and No HRA s.3 “Rewrite” to Cure an Interlocking Scheme Court: England and Wales Court of Appeal (Civil...
JCT DB 2016 Clause 8.9.4: “Repeat Default” Termination Requires a Previously Accrued Clause 8.9.3 Right

JCT DB 2016 Clause 8.9.4: “Repeat Default” Termination Requires a Previously Accrued Clause 8.9.3 Right

Date: Jan 16, 2026
JCT DB 2016 Clause 8.9.4: “Repeat Default” Termination Requires a Previously Accrued Clause 8.9.3 Right 1. Introduction Providence Building Services Limited v Hexagon Housing Association Limited...
Paid “Volunteer” Coastguard Rescue Officers Are “Workers” When Attending Remunerated Activities

Paid “Volunteer” Coastguard Rescue Officers Are “Workers” When Attending Remunerated Activities

Date: Jan 15, 2026
Paid “Volunteer” Coastguard Rescue Officers Are “Workers” When Attending Remunerated Activities 1. Introduction Maritime and Coastguard Agency v Groom ([2026] EWCA Civ 6) concerns whether a...
Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms

Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms

Date: Jan 15, 2026
Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms 1) Introduction Mars Capital Finance Ireland DAC v O'Connor and Anor concerned a mortgagee’s claim...
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