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

Dunbar Factors: Punitive Civil Contempt for Breach of Anton Piller and Mareva Orders in Digital Piracy Cases

Date: Aug 21, 2025

Dunbar Factors: Punitive Civil Contempt for Breach of Anton Piller and Mareva Orders in Digital Piracy Cases Commentary on Sky UK Ltd v Dunbar (Approved) [2025] IEHC 465 (High Court, Sanfey J., 20...

“Reasonableness” as the Shield: When Local Authorities Escape Liability for Expenses in Child-Protection Interdicts

Date: Aug 20, 2025

“Reasonableness” as the Shield: When Local Authorities Escape Liability for Expenses in Child-Protection Interdicts 1. Introduction Case: "A" Council for Interdict ([2025] CSOH 78), Opinion of Lord...

R v Subeir [2025] EWCA Crim 1366: Duration of Involvement Does Not Determine “Role” Category in Class A Supply Sentencing

Date: Aug 20, 2025

R v Subeir [2025] EWCA Crim 1366: Duration of Involvement Does Not Determine “Role” Category in Class A Supply Sentencing Introduction This appeal from the England and Wales Court of Appeal (Criminal...

Continuing trustees retain title and interest to oppose a judicial factor’s proposals where the estate has not been sequestrated

Date: Aug 20, 2025

Continuing trustees retain title and interest to oppose a judicial factor’s proposals where the estate has not been sequestrated Introduction This commentary analyzes the Outer House decision of the...

“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus

Date: Aug 19, 2025

“Solid Practical Benefit” and “Proper Case” Reaffirmed: Irish High Court tightens Order 11 service‑out for foreign judgment enforcement absent an Irish nexus Case: Petersen Energia Inversora SAU &...

“Hollow” Cross-Undertakings and Operational-Control Injunctions: A Commentary on Yodel Delivery Network Ltd v Corlett & Ors [2025] EWCA Civ 1108

Date: Aug 18, 2025

“Hollow” Cross-Undertakings and Operational-Control Injunctions: A Commentary on Yodel Delivery Network Ltd v Corlett & Others [2025] EWCA Civ 1108 1. Introduction The Court of Appeal’s decision in...

Sentencing Hierarchy Confirmed: Rape of a Young Child Merits Significantly Higher Penalties – Commentary on H.M. Advocate v. McMahon & Lambert [2025] HCJAC 34

Date: Aug 18, 2025

Sentencing Hierarchy Confirmed: Rape of a Young Child Merits Significantly Higher Penalties – Commentary on H.M. Advocate v. McMahon & Lambert [2025] HCJAC 34 1. Introduction The Scottish High Court...

Pojda v Lord Advocate: Scottish High Court Re-Affirms the “Exceptionally Severe” Article 8 Threshold in Extradition Cases

Date: Aug 18, 2025

Pojda v Lord Advocate (No 2) [2025] HCJAC 33: Scottish High Court Re-Affirms the “Exceptionally Severe” Article 8 Threshold in Extradition Cases 1. Introduction The High Court of Justiciary, sitting...

The Primacy of Procedural Compliance over EU-Law Defences: Dougall v HMA and the Necessity of a Compatibility-Issue Minute

Date: Aug 18, 2025

The Primacy of Procedural Compliance over EU-Law Defences: Dougall v HMA and the Necessity of a Compatibility-Issue Minute Introduction In Dougall v HMA ([2025] HCJAC 35) the Scottish Appeal Court...

Subjective Intention Inferred from Objective Facts & the Sufficiency of Brevity: Heptagon Portfolio Arbroath Ltd v Angus Council [2025] CSOH 75

Date: Aug 18, 2025

Subjective Intention Inferred from Objective Facts & the Sufficiency of Brevity: Heptagon Portfolio Arbroath Ltd v Angus Council [2025] CSOH 75 1. Introduction This Outer House decision, delivered by...

Refining the Efficiency Criterion: Lord Young Clarifies the Threshold for Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018

Date: Aug 18, 2025

Refining the Efficiency Criterion: Lord Young Clarifies the Threshold for Group Proceedings under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 1. Introduction In Michelle...

“Privilege No Bar” – The Outer Limits of the SLCC’s Sifting Function after Levy & McRae v Scottish Legal Complaints Commission

Date: Aug 18, 2025

“Privilege No Bar” – The Outer Limits of the SLCC’s Sifting Function after Levy & McRae Solicitors LLP v Scottish Legal Complaints Commission [2025] CSIH 23 1. Introduction This Inner House decision,...

The “Dual-Track” Test for Anti-Rates-Avoidance: Dunston Dunfermline Nominees Ltd v Fife Council

Date: Aug 18, 2025

The “Dual-Track” Test for Anti-Rates-Avoidance: Dunston Dunfermline Nominees Ltd v Fife Council 1. Introduction In Dunston Dunfermline Nominees Ltd for Judicial Review of a decision of Fife Council...

Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife Assaults

Date: Aug 16, 2025

Gallagher: Post‑Injury Complications Count as “Harm”, Attacks on Public Officials Aggravate, and Late s.76 Pleas Attract Reduced Discounts — A New Sentencing Benchmark for Life‑Endangering Knife...

Judicial Primacy over Medical Consensus in s41 Restriction Orders: Clarification in R v Gordon [2025] EWCA Crim 1194

Date: Aug 16, 2025

Judicial Primacy over Medical Consensus in s41 Restriction Orders: Clarification in R v Gordon [2025] EWCA Crim 1194 Introduction This commentary analyses the Court of Appeal (Criminal Division)...

Smalling-Small v Home Office West Midlands: Clarifying Section 9 HRA Claims and the Threshold for Limited Civil Restraint Orders

Date: Aug 15, 2025

Smalling-Small v Home Office West Midlands: Clarifying Section 9 Human Rights Act Claims and the Threshold for Limited Civil Restraint Orders 1. Introduction In Smalling-Small v Home Office West...

The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation

Date: Aug 15, 2025

The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation 1. Introduction In Petrofac Ltd (Costs), Re ([2025] EWCA...

“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction

Date: Aug 15, 2025

“When a Trial Is Peremptory, Certiorari Ends the Matter”: The High Court Clarifies the Discretion to Refuse Remittal and Damages after a Void District Court Conviction 1. Introduction Burke v...

Lamont v HMA [2025] HCJAC 39: Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately

Date: Aug 14, 2025

Beyond Reasonable Doubt Applies to Conviction, Not to the Jury’s Application of Mutual Corroboration — and Sexual/Non‑Sexual Charges Must Be Evaluated Separately Case: Appeal against Conviction by...

“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children

Date: Aug 13, 2025

“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children 1. Introduction In WF, R. v ([2025] NICA 39) the Court of Appeal in Northern Ireland...