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

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Date: May 24, 2025

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified Introduction This commentary examines the High Court’s decision in...

Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766

Date: May 24, 2025

Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766 Introduction Payne v R is a Court of Appeal (Criminal Division) decision that...

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Date: May 24, 2025

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act Introduction In Pszonka v Residential Tenancies Board (Approved) [2025] IEHC 291,...

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Date: May 23, 2025

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289 1. Introduction In the High Court judgment of Howley v S & Ors ([2025] IEHC 289), Mr...

Rationality and Proportionality in Certificate of Travel Decisions: KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675)

Date: May 23, 2025

Rationality and Proportionality in Certificate of Travel Decisions: KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675) Introduction KH, R (On the Application Of) v Secretary of State for the...

No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018

Date: May 23, 2025

No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018 1. Introduction AY, a child with additional learning needs (“ALN”), challenged the Vale of Glamorgan County...

Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723

Date: May 23, 2025

Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723 1. Introduction The Court of Appeal...

Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences

Date: May 23, 2025

Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences Introduction The judgment in Hudson, R. v ([2025] EWCA Crim...

First‑Opportunity Plea Credit Applies to an Upgraded Charge: ADHD‑Reduced Culpability and the Limits of the Unduly Lenient Jurisdiction in R v Ibbotson [2025] EWCA Crim 1221

Date: May 23, 2025

First‑Opportunity Plea Credit Applies to an Upgraded Charge: ADHD‑Reduced Culpability and the Limits of the Unduly Lenient Jurisdiction in R v Ibbotson [2025] EWCA Crim 1221 Introduction This...

Youth and Rehabilitation Do Not Preclude an Extended Sentence Where Serious-Harm Risk Persists

Date: May 23, 2025

Youth and Rehabilitation Do Not Preclude an Extended Sentence Where Serious-Harm Risk Persists Court: England and Wales Court of Appeal (Criminal Division) Neutral citation: [2025] EWCA Crim 738...

Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions

Date: May 23, 2025

Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions Introduction Bunyan (Valuation Officer) v Fridays Ltd ([2025] EWCA Civ 666) is an appeal concerning the scope of...

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

Date: May 23, 2025

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces Introduction Doran v Residential Tenancies Board [2025] IEHC 290 is a High Court decision delivered by...

Clarifying “Leading Role”, Totality and Unlawful Maximums in Multi-Count Drug Importation: Commentary on Terry, R. v ([2025] EWCA Crim 726)

Date: May 23, 2025

Clarifying “Leading Role”, Totality and Unlawful Maximums in Multi-Count Drug Importation: Commentary on Terry, R. v ([2025] EWCA Crim 726) 1. Introduction Anthony Terry, a prolific class-A drug...

Talukder Guideline: Weighting Concurrent Sentences and Using Section-8 Benchmarks for Section-10 Offences Against Children Under 13

Date: May 23, 2025

Talukder Guideline: Weighting Concurrent Sentences and Using Section-8 Benchmarks for Section-10 Offences Against Children Under 13 Introduction Case: Talukder, R. v [2025] EWCA Crim 725 Court:...

Material Change and Forum Competence in Article 15 Jurisdiction Transfers

Date: May 23, 2025

Material Change and Forum Competence in Article 15 Jurisdiction Transfers Introduction This commentary reviews the decision of the Scottish Court of Session in Brechin v LO & EO ([2025] CSIH 15),...

Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions

Date: May 23, 2025

Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions Introduction This commentary examines the Court of...

R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold

Date: May 23, 2025

R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold Introduction In Thomas, R. v ([2025] EWCA Crim 718) the Court of Appeal (Criminal Division) revisited the...

Juror Contempt: Mandatory Advisement of Right to Legal Advice and Procedure; Record as “Finding” Not “Conviction” — R v Szobollodi [2025] EWCA Crim 1204

Date: May 23, 2025

Juror Contempt: Mandatory Advisement of Right to Legal Advice and Procedure; Record as “Finding” Not “Conviction” — R v Szobollodi [2025] EWCA Crim 1204 Introduction This commentary analyzes the...

Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases: Beveridge [2025] HCJAC 23

Date: May 22, 2025

Principles Governing Late Admission of Hearsay Evidence and Transparent Sentencing in Multi-Offence Cases Introduction This commentary examines the decision of the Scottish High Court of Justiciary...

Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages

Date: May 22, 2025

Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages Introduction BSV Claims Ltd v Bittylicious Ltd & Ors ([2025] EWCA Civ 661) is a landmark...