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

Temporary “Review” Permissions Count as Lawful Residence for the Long-Term Undocumented Regularisation Scheme, Even Where an EU Residence Card Is Revoked ab initio

Date: Feb 26, 2026

Temporary “Review” Permissions Count as Lawful Residence for the Long-Term Undocumented Regularisation Scheme, Even Where an EU Residence Card Is Revoked ab initio 1. Introduction F.A.Y. (Nigeria)...

Casey v Skehan and Ors [2026] IEHC 142 — Delay Strike-Out: Under Two Years’ Inactivity Requires O’Domhnaill-Level Prejudice, Not Mere Assertion (Even Where the Clinician Has Died)

Date: Feb 26, 2026

Delay Strike-Out in Medical Negligence: Where Inactivity Is Under Two Years, Dismissal Requires Abuse of Process or O’Domhnaill v. Merrick-Level Prejudice—Death of the Clinician Alone Is Insufficient...

Unbroken Bottle Usually Indicates Medium Culpability, but “Revenge” Can Still Justify High Culpability; Category 1 Harm Requires Particularly Grave/Permanent Effects

Date: Feb 26, 2026

Unbroken Bottle Usually Indicates Medium Culpability, but “Revenge” Can Still Justify High Culpability; Category 1 Harm Requires Particularly Grave/Permanent Effects 1) Introduction In [2026] EWCA...

International Protection Interviews: Mandatory Consideration and Recorded Response to Post-Interview Fair-Procedure Complaints

Date: Feb 26, 2026

International Protection Interviews: Mandatory Consideration and Recorded Response to Post-Interview Fair-Procedure Complaints 1) Introduction This judicial review in N. and Anor v An International...

Post‑Trial ADHD Diagnosis as Fresh Evidence: “Functional Effective Participation” Governs Safety Under s.23 Criminal Appeal Act 1968

Date: Feb 26, 2026

Post‑Trial ADHD Diagnosis as Fresh Evidence: “Functional Effective Participation” Governs Safety Under s.23 Criminal Appeal Act 1968 Case: Pilley, R. v [2026] EWCA Crim 384 Court: England and Wales...

Expert Determinations: “Manifest Error” Requires an Obvious Blunder, Not Merely a Wrong Construction of a Contractual Formula

Date: Feb 25, 2026

Expert Determinations: “Manifest Error” Requires an Obvious Blunder, Not Merely a Wrong Construction of a Contractual Formula Case: WH Holding Ltd v London Stadium LLP (Formerly E20 Stadium LLP)...

Process-Claim “Result” Parameters and Appellate Restraint on Obviousness: “Lipid contains <5% organic solvent” Means the Separated Product

Date: Feb 25, 2026

Process-Claim “Result” Parameters and Appellate Restraint on Obviousness: “Lipid contains <5% organic solvent” Means the Separated Product 1. Introduction DSM IP Assets BV & Anor (“DSM”) and Mara...

Asylum Credibility Assessments Must Contain Clear Findings on Core Risk Issues (AM & Anor v SSHD [2026] EWCA Civ 159)

Date: Feb 25, 2026

Asylum Credibility Assessments Must Contain Clear Findings on Core Risk Issues: Global Credibility Is Not a Substitute for Determinations on the “Indicia of Risk” 1. Introduction AM & Anor v...

Renewed appeals after guilty pleas: strict extension-of-time scrutiny and evidencing alleged misadvice/pressure

Date: Feb 25, 2026

Renewed appeals after guilty pleas: strict extension-of-time scrutiny and evidencing alleged misadvice/pressure 1) Introduction R v Relton [2026] EWCA Crim 328 is a decision of the Court of Appeal...

R v France [2026] EWCA Crim 331 — Sentencing Must Give Express, Meaningful Effect to Dependent-Child Welfare and Personal Mitigation (Even Where Immediate Custody for Festival Drug Supply Remains Necessary)

Date: Feb 25, 2026

R v France [2026] EWCA Crim 331 — Sentencing Must Give Express, Meaningful Effect to Dependent-Child Welfare and Personal Mitigation (Even Where Immediate Custody for Festival Drug Supply Remains...

Suspending Custody for Image Offences: PSR-Based Rehabilitation Evidence Must Be Properly Weighed Under the 2025 Imposition Guideline

Date: Feb 25, 2026

Suspending Custody for Image Offences: PSR-Based Rehabilitation Evidence Must Be Properly Weighed Under the 2025 Imposition Guideline 1) Introduction R v Goutam ([2026] EWCA Crim 332) concerns the...

GW v R [2026] NICA 6 — Sentencing Must Reflect a Narrow Interpretation of Specimen-Count Verdicts (and Credit Unexplained Delay)

Date: Feb 24, 2026

GW v R [2026] NICA 6 — Sentencing Must Reflect a Narrow Interpretation of Specimen-Count Verdicts (and Credit Unexplained Delay) 1) Introduction GW v R is a Northern Ireland Court of Appeal...

Common Good Disposals: Court Approval of Community Benefit Leases with Conditions Ensuring Public Access and No Change of Use

Date: Feb 24, 2026

Common Good Disposals: Court Approval of Community Benefit Leases with Conditions Ensuring Public Access and No Change of Use 1. Introduction West Lothian Council petitioned the Outer House of the...

Autonomy First on Wardship Discharge: “Benefit” Is Not “Necessity” for Co-Decision-Making under the 2015 Act

Date: Feb 24, 2026

Autonomy First on Wardship Discharge: “Benefit” Is Not “Necessity” for Co-Decision-Making under the 2015 Act 1. Introduction This ex tempore ruling in In the Matter of P, a Ward of Court, and in the...

Material Non-Disclosure of Custody Medical Evidence Undermining Confessions Renders Legacy Convictions Unsafe (O'Neill, R. v)

Date: Feb 24, 2026

Material Non-Disclosure of Custody Medical Evidence Undermining Confessions Renders Legacy Convictions Unsafe Case: The King v Patrick Lawrence O'Neill Neutral Citation: [2026] NICA 14 (Court of...

Inherent Jurisdiction to Restrain Abusive Litigation Communications Interfering with Proceedings (No Cause of Action Required), Subject to Article 10, Litigation Immunity and Tailoring

Date: Feb 23, 2026

Inherent Jurisdiction to Restrain Abusive Litigation Communications Interfering with Proceedings (No Cause of Action Required), Subject to Article 10, Litigation Immunity and Tailoring 1)...

Safi v Secretary of State for the Home Department [2026] EWCA Civ 149

Date: Feb 23, 2026

Unchallenged Expert Evidence and Appellate Restraint in Article 2/3 Deportation Appeals 1. Introduction Safi v Secretary of State for the Home Department concerned a Secretary of State appeal against...

Khan v Secretary of State for the Home Department [2026] EWCA Civ 148 — Guidance Note on Vulnerable Appellants Is Not a Free-Standing Set of Legal Obligations; Error Turns on Material Procedural Unfairness

Date: Feb 23, 2026

Guidance Note on Vulnerable Appellants Is Not a Free-Standing Set of Legal Obligations; Error Turns on Material Procedural Unfairness Case: Khan v Secretary of State for the Home Department [2026]...

Gluck v Endzweig & Anor: Unlimited “Amend at Any Time” Clauses Are Repugnant to Arbitral Finality Under the Arbitration Act 1996

Date: Feb 23, 2026

Gluck v Endzweig & Anor: Unlimited “Amend at Any Time” Clauses Are Repugnant to Arbitral Finality Under the Arbitration Act 1996 1. Introduction Gluck v Endzweig & Anor ([2026] EWCA Civ 145) is a...

Judicial Review of Regulatory Guidance: “Misdirection in Law” Requires Inducement of Unlawful Conduct (R(A) Applied to Terminology in GMP)

Date: Feb 23, 2026

Judicial Review of Regulatory Guidance: “Misdirection in Law” Requires Inducement of Unlawful Conduct (R(A) Applied to Terminology in GMP) 1. Introduction This Court of Appeal decision concerns a...