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

International Protection Credibility: Documentary Corroboration Forms Part of a Holistic Assessment

Date: Sep 2, 2026

International Protection Credibility: Documentary Corroboration Forms Part of a Holistic Assessment Case: K.M. and Anor v The International Protection Appeals Tribunal and Anor (Approved) Citation:...

Pending Deportation Revocation Does Not Restore Reception Entitlements

Date: Sep 2, 2026

Pending Deportation Revocation Does Not Restore Reception Entitlements Case: NK -v- The Minister for Justice, Home Affairs and Migration and Ors Citation: [2026] IEHC 606 Court: High Court of Ireland...

Unchallenged Conventional Bail Renders Article 40 Release Claims Moot: The Distinct Role of Interim Release

Date: Sep 1, 2026

Unchallenged Conventional Bail Renders Article 40 Release Claims Moot: The Distinct Role of Interim Release High Court of Ireland · [2026] IEHC 604 · Simons J. · 31 August 2026 1. Introduction This...

Failure to Serve a Notice of Invitation to Participate Does Not Defeat an Otherwise Valid Right-to-Manage Claim

Date: Aug 29, 2026

Failure to Serve a Notice of Invitation to Participate Does Not Defeat an Otherwise Valid Right-to-Manage Claim Case: Avon Freeholds Limited v Cresta Court E RTM Company Limited Citation: [2026] UKSC...

Asleep or Intoxicated Victims Are “Particularly Vulnerable” for Assault by Penetration (Category 2 Harm): JJH, R v [2026] EWCA Crim 1182

Date: Aug 29, 2026

Asleep or Intoxicated Victims Are “Particularly Vulnerable” for Assault by Penetration (Category 2 Harm): JJH, R v [2026] EWCA Crim 1182 1. Introduction In JJH, R v [2026] EWCA Crim 1182 (CA (Crim...

Domestic Robbery, Rehabilitation and the High Threshold for Undue Leniency

Date: Aug 29, 2026

Domestic Robbery, Rehabilitation and the High Threshold for Undue Leniency Introduction In [2026] EWCA Crim 1183, the Court of Appeal considered whether a two-year suspended sentence for a serious...

Article 40 Interim Release Is Not Conventional Bail: Merits, Duration and Current Detention

Date: Aug 29, 2026

Article 40 Interim Release Is Not Conventional Bail: Merits, Duration and Current Detention Court: High Court of Ireland Citation: [2026] IEHC 603 Judge: Mr Justice Garrett Simons Judgment delivered:...

Criminal Case Materials May Be Released to Assist a Public Inquiry Where Justice Requires and No Legal Prejudice Arises

Date: Aug 29, 2026

Criminal Case Materials May Be Released to Assist a Public Inquiry Where Justice Requires and No Legal Prejudice Arises Case: Minister For Justice, Home Affairs and Migration v The Director Of Public...

Pleading and Appellate Limits on GDPR “Least Restrictive Alternative” (Pseudonymisation) Claims in Litigation Disclosure

Date: Aug 28, 2026

Pleading and Appellate Limits on GDPR “Least Restrictive Alternative” (Pseudonymisation) Claims in Litigation Disclosure Case: Kul & Ors v DWF Law LLP Citation: [2026] EWCA Civ 1130 (Court of Appeal...

Eviction from Unauthorised Traveller Encampments: UNCRC 2024 Compatibility and Article 8 Proportionality Do Not Require “Culturally Appropriate” Alternative Accommodation Before Decree

Date: Aug 28, 2026

Eviction from Unauthorised Traveller Encampments: UNCRC 2024 Compatibility and Article 8 Proportionality Do Not Require “Culturally Appropriate” Alternative Accommodation Before Decree Court: Outer...

A Determinate Sentence Is Unduly Lenient Where an Extended Sentence Is Necessary for Public Protection

Date: Aug 28, 2026

A Determinate Sentence Is Unduly Lenient Where an Extended Sentence Is Necessary for Public Protection Case: R v Tye [2026] EWCA Crim 1179 Court: Court of Appeal (Criminal Division) Date: 27 August...

Enforcement of Adjudicators’ Awards: “Time at Large” as a Consequence of Rejecting a Party’s Case Does Not, Without More, Breach Natural Justice

Date: Aug 27, 2026

Enforcement of Adjudicators’ Awards: “Time at Large” as a Consequence of Rejecting a Party’s Case Does Not, Without More, Breach Natural Justice 1. Introduction In Entexol Ltd v Sked Construction Ltd...

Section 11A TCEA 2007: “Procedural Defect” Means Process Unfairness, Not Alleged Error of Law, and Requires a Genuinely Disputable Gateway Case

Date: Aug 27, 2026

Section 11A TCEA 2007: “Procedural Defect” Means Process Unfairness, Not Alleged Error of Law, and Requires a Genuinely Disputable Gateway Case Court: Outer House, Court of Session Judge: Lady...

Informal Non‑Goodyear Sentencing Indications Can Create a Legitimate Expectation Requiring Appellate Remedy

Date: Aug 27, 2026

Informal Non‑Goodyear Sentencing Indications Can Create a Legitimate Expectation Requiring Appellate Remedy 1) Introduction This Court of Appeal (Criminal Division) decision, Haslam, R. v [2026] EWCA...

Section 94 “Clearly Unfounded” Certification: Past Trafficking Alone Does Not Prevent Certification Without Specific Evidence of Future Risk or Protection Failures

Date: Aug 27, 2026

Section 94 “Clearly Unfounded” Certification: Past Trafficking Alone Does Not Prevent Certification Without Specific Evidence of Future Risk or Protection Failures Case: MB, R (On the Application Of)...

Parens patriae in Scotland: Court of Session may authorise urgent treatment despite parental refusal, but not routine immunisation

Date: Aug 27, 2026

Parens patriae in Scotland: Court of Session may authorise urgent treatment despite parental refusal, but not routine immunisation Court: Scottish Court of Session (Outer House) | Judge: Lord Braid |...

Fundamental Bail-Hearing Failures Are Not Cured by Routine Subsequent Remands

Date: Aug 27, 2026

Fundamental Bail-Hearing Failures Are Not Cured by Routine Subsequent Remands High Court of Ireland · [2026] IEHC 601 · Simons J · 26 August 2026 The judgment clarifies when procedural failures at an...

Hague Return: Assessing Children’s Objections for Maturity and Authenticity

Date: Aug 27, 2026

Hague Return: Assessing Children’s Objections for Maturity and Authenticity Case: L.M. v N.O.M. (Child Abduction: habitual residence; grave risk; objections; discretion) (Approved) Court: High Court...

Refusal to Reassess Age: Minimal Reasons Suffice Absent New, Objectively Verifiable Evidence

Date: Aug 26, 2026

Refusal to Reassess Age: Minimal Reasons Suffice Absent New, Objectively Verifiable Evidence 1. Introduction In Thuyen Van Nguyen for Judicial Review ([2026] CSOH 78), the Outer House of the Court of...

Section 37 CPIA 1996: No Early Publication of an Appeal Judgment While Related Trials Remain Pending, but Controlled Professional Sharing Permitted

Date: Aug 26, 2026

Section 37 CPIA 1996: No Early Publication of an Appeal Judgment While Related Trials Remain Pending, but Controlled Professional Sharing Permitted 1) Introduction This decision of the England and...