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  • Commentaries

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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

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...
Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point — Commentary on R v Bukhari & Ors [2025] EWCA Crim 1353

Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point — Commentary on R v Bukhari & Ors [2025] EWCA Crim 1353

Date: Oct 28, 2025
Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point Introduction This commentary...
Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357

Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357

Date: Oct 28, 2025
Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357 Court: Court of Appeal (Civil Division), England and Wales Date: 27...
Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements (London Borough of Enfield v A [2025] EWCA Civ 1355)

Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements (London Borough of Enfield v A [2025] EWCA Civ 1355)

Date: Oct 28, 2025
Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements Case: London Borough of Enfield v A [2025]...
Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake — Commentary on Hinkel v Gheissari & Anor [2025] EWCA Civ 1351

Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake — Commentary on Hinkel v Gheissari & Anor [2025] EWCA Civ 1351

Date: Oct 28, 2025
Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake Case: Hinkel v Gheissari & Anor [2025] EWCA Civ 1351 (Court of...
Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles

Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles

Date: Oct 28, 2025
Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles Introduction In AFA & Ors, R (on the application of) v Secretary of State for...
Police Gang Officers as Expert Witnesses and Youth Sentencing in Serious Gang Violence: Commentary on R v Edokpolo & Alexander [2025] EWCA Crim 1534

Police Gang Officers as Expert Witnesses and Youth Sentencing in Serious Gang Violence: Commentary on R v Edokpolo & Alexander [2025] EWCA Crim 1534

Date: Oct 25, 2025
Police Gang Officers as Expert Witnesses and Youth Sentencing in Serious Gang Violence: Commentary on R v Edokpolo & Alexander [2025] EWCA Crim 1534 1. Introduction This commentary examines the...
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