consent-reaffirmed-as-no-defence-in-assault-occasioning-actual-bodily-harm:-hobday-v-r.-2025-ewca-crim-46 Case Commentaries

No Implied Revocation of Stand‑Alone Temporary Permissions and Their Effect on “Undocumented” Status under the 2022 Regularisation Scheme – Commentary on MSB v Minister for Justice [2025] IEHC 566

Date: Oct 31, 2025

No Implied Revocation of Stand‑Alone Temporary Permissions and Their Effect on “Undocumented” Status under the 2022 Regularisation Scheme Commentary on MSB v The Minister for Justice [2025] IEHC 566...

R v Hamad [2025] EWCA Crim 1503: Escort Status of Complainant and “Borderline” Dangerousness in Extended Sentences for Sexual Offences

Date: Oct 31, 2025

R v Hamad [2025] EWCA Crim 1503: Escort Status of Complainant and “Borderline” Dangerousness in Extended Sentences for Sexual Offences 1. Introduction This commentary examines the decision of the...

R v BVA [2025] EWCA Crim 1359: Covert filming integral to the sexual act can vitiate consent under section 74 SOA 2003

Date: Oct 30, 2025

R v BVA [2025] EWCA Crim 1359: Covert filming integral to the sexual act can vitiate consent under section 74 SOA 2003 Court: Court of Appeal (Criminal Division), 29 October 2025 Introduction This...

Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360: Schedules of Loss cannot expand the pleadings; in agreed no‑cost remediation cases only residual “blight” is potentially recoverable

Date: Oct 30, 2025

Wilson v HB (SWA) Ltd [2025] EWCA Civ 1360: Schedules of Loss cannot expand the pleadings; in agreed no‑cost remediation cases only residual “blight” is potentially recoverable Introduction This...

From Tick‑Boxes to Evidence: Court of Appeal clarifies COBS 3.5 assessments and requires the FOS to consider contributory negligence where client misstatements enable access to high‑risk CFD strategies

Date: Oct 30, 2025

From Tick‑Boxes to Evidence: Court of Appeal clarifies COBS 3.5 assessments and requires the FOS to consider contributory negligence where client misstatements enable access to high‑risk CFD...

K‑H (Children) (Care Orders: Proportionality): Proven Facts, Not Suspicions — Re‑centering Risk and Proportionality in Public Law Care Decisions

Date: Oct 30, 2025

K‑H (Children) (Care Orders: Proportionality): Proven Facts, Not Suspicions — Re‑centering Risk and Proportionality in Public Law Care Decisions Citation: [2025] EWCA Civ 1368 Court: Court of Appeal...

Only Binding Law Creates a “Special Legal Regime” for Article 13 PVD; Non‑Taxation of NHS Hospital Parking Significantly Distorts Competition

Date: Oct 30, 2025

Only Binding Law Creates a “Special Legal Regime” for Article 13 PVD; Non‑Taxation of NHS Hospital Parking Significantly Distorts Competition Introduction In Northumbria Healthcare NHS Foundation...

Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition (Gavenaite v Lord Advocate)

Date: Oct 30, 2025

Excess Domestic Custody Alone Is Not Oppressive: Broad-Fairness Review of Section 14 and High Threshold for Article 3 Mental-Health Objections in Extradition Case: Appeal under section 26 of the...

No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561

Date: Oct 30, 2025

No Implied Anti‑Whip Rule in Article 12: Council Nomination Votes for the Presidency Are Political and Non‑Justiciable — Stack v The Attorney General & Ors [2025] IEHC 561 Court: High Court of...

Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation notwithstanding a medical-disability defence

Date: Oct 30, 2025

Confirmation without Merits Review under s.74: High Court reaffirms Wednesbury-limited oversight, clarifies that cancellation cannot be coupled with conditions, and endorses cancellation...

Single-Class Treatment for Independent Shareholders in Cancellation-Scheme Takeovers (and Ancillary Capital Reductions) under the Companies Act 2014

Date: Oct 30, 2025

Single-Class Treatment for Independent Shareholders in Cancellation-Scheme Takeovers (and Ancillary Capital Reductions) under the Companies Act 2014 Introduction In Dalata Hotel Group Public Limited...

Sentencing for Failure to Disclose Terrorist Financing in the Regulated Sector: Commentary on R v Ojiri [2025] EWCA Crim 1489

Date: Oct 30, 2025

Sentencing for Failure to Disclose Terrorist Financing in the Regulated Sector: Commentary on R v Ojiri [2025] EWCA Crim 1489 1. Introduction The decision of the Court of Appeal (Criminal Division)...

R v Johnstone [2025] EWCA Crim 1470: Targeted Vulnerability, Category 2 Harm, and a Structured Totality Uplift for Concurrent Penetrative Offences

Date: Oct 30, 2025

R v Johnstone [2025] EWCA Crim 1470: Targeted Vulnerability, Category 2 Harm, and a Structured Totality Uplift for Concurrent Penetrative Offences Court: England and Wales Court of Appeal (Criminal...

State Consent to Termination of Pregnancy for an Incapacitated Minor under Article 42A and Section 9 of the 2018 Act: Commentary on DE (A Minor) [2025] IEHC 604

Date: Oct 30, 2025

State Consent to Termination of Pregnancy for an Incapacitated Minor under Article 42A and Section 9 of the 2018 Act: Commentary on DE (A Minor) [2025] IEHC 604 1. Introduction 1.1. The case in...

R v Khan [2025] EWCA Crim 1477: Procedural Safeguards and Substantive Limits on Compensation Orders in the Crown Court

Date: Oct 30, 2025

R v Khan [2025] EWCA Crim 1477: Procedural Safeguards and Substantive Limits on Compensation Orders in the Crown Court 1. Introduction R v Khan [2025] EWCA Crim 1477 is a Court of Appeal decision of...

Extended Determinate Sentences: the Four-Year Term Must Be a Single Sentence for a Specified Offence (Not an Aggregate of Consecutive Terms)

Date: Oct 30, 2025

Extended Determinate Sentences: the Four-Year Term Must Be a Single Sentence for a Specified Offence (Not an Aggregate of Consecutive Terms) 1. Introduction R v Reed ([2025] EWCA Crim 1471) concerned...

Abuse of Process Precludes Public‑Interest Costs Relief: Commentary on Browne v Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553

Date: Oct 29, 2025

Abuse of Process Precludes Public‑Interest Costs Relief: Browne v The Registrar General of Fishing Boats & Ors [No. 2] [2025] IEHC 553 Introduction This High Court costs judgment, delivered by...

Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary

Date: Oct 29, 2025

Summary possession must be precisely grounded: credible mis‑selling set‑off and arguable CCMA coverage require remittal to plenary Introduction In Allied Irish Banks plc v The Dragon’s Head Ltd...

Clarifying the Threshold for Pre‑Action Inspection under s.12 PIAB Act 2003: Commentary on M v T [2025] IEHC 623

Date: Oct 29, 2025

Clarifying the Threshold for Pre‑Action Inspection under s.12 of the Personal Injuries Assessment Board Act 2003: Commentary on M v T [2025] IEHC 623 1. Introduction This commentary examines the...

F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes

Date: Oct 28, 2025

F v F and A [2025] CSOH 99: The Section 18 Tripartite Test Confirmed, and a Fair‑Value Transfer Method for Part‑Inherited Homes Introduction In F against F and A [2025] CSOH 99, Lord Stuart (Outer...