Section 75 Children Act 2001: “Aged-Out” Accused Have No Constitutional Entitlement to Child-Only Summary Jurisdiction 1) Introduction In Brophy-v-The Director of Public Prosecutions, Ireland, and...
Article 40.1 Requires Children Act 2001 s. 75 Protections to Extend to “Aged-Out” Minors Where Venue Choice Affects Sentencing Exposure 1. Introduction Brophy v The Director of Public Prosecutions,...
Totality Cannot Be Used to Correct an Allegedly “Unduly Lenient” Earlier Sentence Absent a s.36 Reference 1. Introduction Riberio, R. v ([2026] EWCA Crim 87) concerns the correct application of the...
Functional “Institution” Test under s.49(1) of the Mother and Baby Institutions Payment Scheme Act 2023: multi-facility purpose, not single-site maternity services Case: Kiernan [Otherwise John...
Schedules of Findings in Public Law Must Match the Judgment: Fairness Limits on “Off‑Piste” Pool Findings 1) Introduction S, Re (Care and Placement: Schedule of Findings of Fact) [2026] EWCA Civ 85...
“Wholly Successful Means Full Costs”: Where Settlement Delivers the Practical Remedy, Costs Follow—Even if Relief Is Granted “Outside the Rules” and Without Conceding Unlawfulness 1. Introduction In...
Contractual Enforcement of MHPS-Consistent Policies: “Medical Director Will Act” as Non‑Delegable Case Manager for Consultant Investigations (Absent Exceptional Circumstances) 1. Introduction MN v...
Category 3 Harm at the Top End Can Still Justify a Sentence Above the Category 3C Guideline Range (Unlawful Wounding) 1. Introduction Lukaszewicz, R. v ([2026] EWCA Crim 225) concerned an appeal...
Assessment of Damages Under the 2021 Personal Injuries Guidelines: Dominant-Injury Proportionality and Partial Recovery of Unpleaded Therapeutic Costs Case: Shortt v Leonard and Anor (Approved)...
Non-disclosure of internal credit-committee material is not, without more, a misrepresentation vitiating a conditional consent-to-judgment settlement CourtHigh Court of Ireland Citation[2026] IEHC 82...
Opportunistic Rape and the “Significant Degree of Planning” Threshold: Reclassification from Category 1A to Category 1B 1. Introduction Jancevskis, R. v concerns an appeal against sentence following...
Extended Sentences Must Not Exceed the Offence Maximum: Correcting an Unlawful Section 20 GBH Extension 1) Introduction R v Walker ([2026] EWCA Crim 226) concerns a sentencing error where the Crown...
Preventing Double Counting Where Dangerous Driving Is the Mechanism of Affray, and Ensuring Proper Recording of YOI Sentences and Extended-Test Disqualifications 1) Introduction McCann, R. v [2026]...
Substitute Consent for Life-Saving Transfusion for a 16-Year-Old: AHDs Inoperative Under 18 and JJ “Parental Failure” Threshold Applied to Refusal of Treatment 1. Introduction This ex tempore ruling...
Prospective Effect of s.6A Guardianship Orders and Loss of Irish Parental-Responsibility Jurisdiction Once Habitual Residence Has Shifted (with Inherent-Jurisdiction Declarations to Facilitate...
Breach of Terrorism Notification Requirements: Deterrent Custody, “Potential Harm” Assessment, and ECHR-Compatibility of the Mandatory One-Year Licence (Sentencing Act 2020 s.278) 1. Introduction...
Redacted Loan-Transfer Documents in Repossession Execution: Balance-of-Probabilities Proof and “Peruvian Guano” Relevance 1. Introduction Start Mortgages DAC and Anor v Corr and Anor (Approved)...
Clarifications as Part of the ISFT and the 30-Day Clock for Transparency Challenges in Competitive Dialogue Procurements 1) Introduction In Kerrigan Sheanon Newman UnLtd Company v Sustainable Energy...
R v Peniston: Particularised Grounds and Privilege Waiver as Preconditions for “Ineffective Counsel” Conviction Appeals 1. Introduction Peniston, R. v ([2026] EWCA Crim 354) is a decision of the...
Near-Campaign Multiple Rape and Pregnancy-Resulting Harm: Moving Beyond Category 2B and Ensuring Totality Under Concurrent Sentences Introduction Patel, R. v [2026] EWCA Crim 246 is an unduly lenient...