Child Modern Slavery Defence (MSA 2015 s 45(4)): “Menace of Penalty” Language Discouraged, but Convictions May Remain Safe Where the “Reasonable Person” Limb Defeats the Defence 1) Introduction In...
Totality and Uplifts for Multiple Child-Sex Offences Across Multiple Victims in an Unduly Lenient Sentence Reference 1) Introduction In R v Johnson [2026] EWCA Crim 549, the England and Wales Court...
Staged Consents Under the Dual-Consent Regime: No “Prematurity” Veto and No Automatic Importation of “AG” Zoning via Deemed Existing-Use Zoning Court: High Court of Ireland (Planning & Environment)...
Section 76 Sentencing: Short Relationships Can Still Merit Category A1 Where Intensity and Multi‑Method Control Maximise Fear 1) Introduction In Welsh, R. v [2026] EWCA Crim 595, the Court of Appeal...
Section 70C TCPA 1990: Power to Decline Determination Applies to Prospective Applications and Survives Compliance/Direct Action 1. Introduction Moran, R (On the Application Of) v Medway Council...
RCS 47.12 Remits in Dilapidations: Court-Appointed Expert as Reporter, Not Quasi-Arbitrator 1. Introduction In HFD Glasgow 3 Limited v Student Loans Company Limited [2026] CSOH 40, the Outer House...
Unfitness to Stand Trial on Appeal: When the Court Must Order Absolute Discharge Because No Supervision Order Is Practicable 1. Introduction R. v Wood [2026] EWCA Crim 480 is a decision of the Court...
Evidential Threshold for “Meaningful Family Life” in s.3(11) Deportation-Revocation Applications Introduction This commentary concerns J & Anor v The Minister for Justice (Rev1) [2026] IEHC 221, a...
Ex Gratia Admission Schemes: “Stricter Scrutiny” of Existing Financial Criteria Does Not Breach Article 40.1 Without Proof of Arbitrary Differential Treatment Case: Afzaly v The Minister For Justice...
Mixed-Cause Delay and Labour-Market Access for International Protection Applicants: Causal Attribution, Proportionate Extension, and No Francovich Liability 1. Introduction In LK v The International...
Prior Notice Limits Browne v Dunn in Asylum Appeals: “Tacit Acceptance” Is Not Concession and the FtT Must Decide on the Evidence as a Whole Case: MR (Pakistan) v Secretary of State for the Home...
Forum non conveniens is ordinarily not for determination at the group-proceedings permission stage (Scotland) 1) Introduction In Robert Adamson against Arnold Clark Automobiles LTD ([2026] CSOH 39,...
Elrington Abuse-of-Process Principle Depends on Final Disposal, Not Mere Conviction: Prosecutors May Correct Under-Charging Before Sentence Where Earlier Proceedings Can Be “Unravelled” Case: R v...
Abuse of Process (Fair Trial Limb): Delay and Investigative Failings Will Not Justify a Stay Where the Trial Process and Tailored Jury Directions Can Cure Any Forensic Disadvantage 1) Introduction In...
Victim Wishes Do Not Determine Sentence in Domestic-Context Stalking: Leave Granted to Correct Misleading Remarks, but Conditional Discharge Not “Unduly Lenient” Where Custody Already Served Case:...
Section 29 OAPA 1861: Harm Includes Foreseeable Risk When Using Corrosives in Public, Justifying Section 18 Guideline by Analogy and Extended Sentences 1) Introduction In R v Newton [2026] EWCA Crim...
Autistic Traits and Emotional Immaturity: Limited Sentencing Mitigation Without a Clear Link to Extreme Violence 1. Introduction In R v Hoe [2026] EWCA Crim 554, the Court of Appeal (Criminal...
Undisclosed intent does not negate a victim’s “free, deliberate and informed” act for causation (Kennedy (No 2)), and s.13(2) CCRC references permit the CACD to revisit its own earlier safety ruling...
Exercise of Custody Under Articles 3 and 13 of the Hague Convention: Low Threshold, Distinct Burdens, and Resistance to “Non‑Exercise” Where Contact is Obstructed Case: U.V. v Y.Z. (Hague Convention,...
Street Racing Causing Serious Injury: “Racetrack” Driving on Public Roads Will Ordinarily Require Immediate Custody 1. Introduction In R v Courtney [2026] EWCA Crim 525, the Court of Appeal (Criminal...