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

The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms

Date: Feb 20, 2025

The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms 1. Introduction In R v Sharp-Meade ([2025] EWCA Crim 568) the Court of...

Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications

Date: Feb 20, 2025

Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications Introduction The case of Bradley, R. v ([2025] EWCA Crim 234) before the England and Wales Court of...

New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases

Date: Feb 19, 2025

New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases Introduction The case of Secretary of State for the Home Department v PG ([2025]...

A v DBS ([2025] EWCA Civ 124): Reinforcing the 'Might in the Future' Test in Safeguarding Regulated Activity

Date: Feb 19, 2025

A v DBS ([2025] EWCA Civ 124): Reinforcing the "Might in the Future" Test in Safeguarding Regulated Activity Introduction The case of A v Disclosure and Barring Service ([2025] EWCA Civ 124) revisits...

Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council

Date: Feb 19, 2025

Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council Introduction The case of AI, R (On the Application Of) v West...

Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD

Date: Feb 19, 2025

Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD Introduction The case of AA (Morocco) v Secretary of State for the Home Department ([2025] EWCA...

Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy

Date: Feb 19, 2025

Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy Introduction The case of West Sussex County Council v AB & Anor ([2025] EWCA Civ...

Expansion of Judicial Powers for Proportional Document Recovery in Group Emissions Litigation

Date: Feb 19, 2025

Expansion of Judicial Powers for Proportional Document Recovery in Group Emissions Litigation Introduction The judgment in the case of David Brian Batchelor against Opel Automobile (GMBH) and the...

Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A

Date: Feb 19, 2025

Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A Introduction The case of Barone, R. v ([2025] EWCA Crim 125) represents a significant judicial intervention...

Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement

Date: Feb 19, 2025

Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement Introduction The Judgment in Working on Wellbeing Ltd t/a Optima Health v Secretary of State for Work and...

Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test

Date: Feb 19, 2025

Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test Introduction The case of A Taxpayer v Commissioners for His Majesty's Revenue and Customs...

Innovations in Substituted Service: Judicial Endorsement of Social Media in Family Law Proceedings

Date: Feb 19, 2025

Innovations in Substituted Service: Judicial Endorsement of Social Media in Family Law Proceedings Introduction The judgment in J v H (Approved) [2025] IEHC 96 delivered by Mr. Justice Jordan on...

Clarifying the Inquisitorial Role in Credibility Assessment in International Protection Appeals

Date: Feb 19, 2025

Clarifying the Inquisitorial Role in Credibility Assessment in International Protection Appeals Introduction The Judgment in A.S. & Ors v International Protection Appeals Tribunal & Anor (Approved)...

Establishing the Test for Arguability in Legal Aid Applications under the Custody Issues Scheme

Date: Feb 19, 2025

Establishing the Test for Arguability in Legal Aid Applications under the Custody Issues Scheme Introduction The case of Rogers v Director of Public Prosecutions & Ors (Approved) [2025] IEHC 94...

Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity

Date: Feb 19, 2025

Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity Introduction The case of Health Service Executive v N.D [APUM] ([2025] IEHC 86) is a significant judicial decision...

The R.M. v Conneely Precedent: Clarifying Judicial Impartiality and the Boundaries of Bias in Leave Applications

Date: Feb 19, 2025

The R.M. v Conneely Precedent: Clarifying Judicial Impartiality and the Boundaries of Bias in Leave Applications Introduction In the judgment R.M. v Conneely (Approved) ([2025] IEHC 92), delivered by...

Exercising Absolute Privilege and Limiting Declaratory Relief: Guidance from Finucane v Clerk of The District Court

Date: Feb 19, 2025

Exercising Absolute Privilege and Limiting Declaratory Relief: Guidance from Finucane v Clerk of The District Court Introduction In the judgment of Finucane v Clerk of The District Court (Approved)...

The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing

Date: Feb 19, 2025

The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing Introduction R v GMB (2025] EWCA Crim 414) is an appeal against sentence heard by the England and...

Article 6 “Reasonable Time” Breach in Scotland: Discontinuance Only Where a Fair Trial Is No Longer Possible (or Other Compelling Reason)

Date: Feb 15, 2025

Article 6 “Reasonable Time” Breach in Scotland: Discontinuance Only Where a Fair Trial Is No Longer Possible (or Other Compelling Reason) 1. Introduction In Crown Appeal under section 74(1) of the...

Clarifying Extended Sentence Allocation in Sexual Offence Cases: Commentary on FPK, R. v ([2025] EWCA Crim 237)

Date: Feb 15, 2025

Clarifying Extended Sentence Allocation in Sexual Offence Cases Introduction The Judgment in FPK, R. v ([2025] EWCA Crim 237) represents a significant decision by the England and Wales Court of...