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

Section 2(1)(f) “Error” Appeals Are Confined to Objectively Verifiable Facts, Not Valuation Methodology or Comparable Selection

Date: Feb 12, 2026

Section 2(1)(f) “Error” Appeals Are Confined to Objectively Verifiable Facts, Not Valuation Methodology or Comparable Selection 1) Introduction The Nail & Beauty Zone LTD, trading as Pure Spa and...

Sentencing “Totality” and Plea Credit Where the Basis of Guilty Plea Shifts After a Newton Hearing (Armani, R. v)

Date: Feb 12, 2026

Sentencing “Totality” and Plea Credit Where the Basis of Guilty Plea Shifts After a Newton Hearing (Armani, R. v) 1. Introduction Armani, R. v ([2026] EWCA Crim 322) concerns a renewed application...

Proper Provision and Settlement Autonomy in Irish Divorce: High Threshold to Displace Concluded Terms

Date: Feb 12, 2026

Proper Provision and Settlement Autonomy in Irish Divorce: High Threshold to Displace Concluded Terms Case: N.F. v O.F. (Proper Provision, Terms of Settlement, Spousal Autonomy) (Approved) Citation:...

Industry-Funded Specialist Police Units and Abuse of Process: When Third-Party Funding Does Not Require a Stay

Date: Feb 12, 2026

Industry-Funded Specialist Police Units and Abuse of Process: When Third-Party Funding Does Not Require a Stay Case: Moore & Anor, R. v [2026] EWCA Crim 209 (CA (Crim Div)) Date: 11 February 2026...

CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 — Drawing the Line: No “Lost Years” Earnings for an Infant Claimant Absent Evidence of Individual Earning Capacity

Date: Feb 12, 2026

Drawing the Line: No “Lost Years” Earnings for an Infant Claimant Absent Evidence of Individual Earning Capacity Case: CCC v Sheffield Teaching Hospitals NHS Foundation Trust Citation: [2026] UKSC 5...

Psychological Harm (Proved Without Expert Evidence) Can Justify Category 1 Harm in Section 18 GBH Sentencing

Date: Feb 12, 2026

Psychological Harm (Proved Without Expert Evidence) Can Justify Category 1 Harm in Section 18 GBH Sentencing 1. Introduction JFH, R. v ([2026] EWCA Crim 206) is a sentencing appeal in the England and...

“Accompanied by” in s.26(2) Misuse of Drugs Act 1977 Requires Ongoing Supervision; Unlawful Search Does Not Automatically End the Case

Date: Feb 12, 2026

“Accompanied by” in s.26(2) Misuse of Drugs Act 1977 Requires Ongoing Supervision; Unlawful Search Does Not Automatically End the Case 1) Introduction The Director Of Public Prosecutions [At The Suit...

Corrected Successive EAWs Not Precluded by Prior Refusal; Waiver of Attendance May Be Inferred in “Triggering Offence” Proceedings for Activation of a Suspended Sentence

Date: Feb 12, 2026

Corrected Successive EAWs Not Precluded by Prior Refusal; Waiver of Attendance May Be Inferred in “Triggering Offence” Proceedings for Activation of a Suspended Sentence 1) Introduction Minister For...

Watchful Waiting and Safety-Netting in Suspected Paediatric Appendicitis: No “Mandatory Referral” Where GP Acts with Ordinary Care

Date: Feb 12, 2026

Watchful Waiting and Safety-Netting in Suspected Paediatric Appendicitis: No “Mandatory Referral” Where GP Acts with Ordinary Care 1) Introduction Afolabi v Southdoc Services Ltd and Anor (Approved)...

Unquantified “Rent-in-Services” Means “No Rent Payable”: Excluding Assured Tenancy Status under Housing Act 1988 Sch 1 para 3

Date: Feb 11, 2026

Unquantified “Rent-in-Services” Means “No Rent Payable”: Excluding Assured Tenancy Status under Housing Act 1988 Sch 1 para 3 1. Introduction Phillips & Anor v Garraway ([2026] EWCA Civ 55) concerned...

Section 811 “Relief Exclusion” Requires Objective Purpose-and-Misuse Analysis (No “Positive Obligation” on Taxpayer) and Proper Reasons on Expert Evidence

Date: Feb 11, 2026

Section 811 “Relief Exclusion” Requires Objective Purpose-and-Misuse Analysis (No “Positive Obligation” on Taxpayer) and Proper Reasons on Expert Evidence 1) Introduction Hegarty v The Revenue...

Leave-to-Appeal Cannot Be Used to Pivot to New Grounds: s.16(2)(f) Applies to All Subleases (Residential and Commercial)

Date: Feb 11, 2026

Leave-to-Appeal Cannot Be Used to Pivot to New Grounds: s.16(2)(f) Applies to All Subleases (Residential and Commercial) 1) Introduction Crowley & Anor v Sheehan & Anor ([2026] IESC 6) is a Supreme...

Section 15(1) “Consistency” as an Enforceable Climate Duty in Planning: No “Traffic-Light Presumption”, but a Mandatory Substantive Engagement with Material-Contravention Powers

Date: Feb 11, 2026

Section 15(1) “Consistency” as an Enforceable Climate Duty in Planning: No “Traffic-Light Presumption”, but a Mandatory Substantive Engagement with Material-Contravention Powers Case: Coolglass Wind...

Restraint Order Variations: No Duty to Determine Tainted Gift Extent Before Enforcement

Date: Feb 11, 2026

Restraint Order Variations: No Duty to Determine Tainted Gift Extent Before Enforcement 1) Introduction Hargreaves, R. v [2026] EWCA Crim 58 (CA (Crim Div), 10 February 2026) concerned a renewed...

Wrong Guideline, Right Question: Sentencing Errors Do Not Found a Miscarriage Unless the Final Sentence is Excessive

Date: Feb 11, 2026

Wrong Guideline, Right Question: Sentencing Errors Do Not Found a Miscarriage Unless the Final Sentence is Excessive 1. Introduction This appeal arose following a reference by the Scottish Criminal...

“NHS Earnings” Means Statement-of-Dental-Remuneration Income: Annual Assessment, Continuous Commitment, and Year-by-Year Prescription in Dental Bursary Repayment

Date: Feb 11, 2026

“NHS Earnings” Means Statement-of-Dental-Remuneration Income: Annual Assessment, Continuous Commitment, and Year-by-Year Prescription in Dental Bursary Repayment Court: Scottish Court of Session...

Functional Sufficiency of Notice for Enforcing UAE Payment Orders in Scotland (No Automatic Translation Requirement)

Date: Feb 11, 2026

Functional Sufficiency of Notice for Enforcing UAE Payment Orders in Scotland (No Automatic Translation Requirement) 1) Introduction Papel Payment Services Provider LLC (“Papel”), a UAE-based...

Section 170 CPSA 1995 Declared Article 6-Incompatible: Blanket Immunity from Malicious Prosecution Claims in Summary Proceedings

Date: Feb 11, 2026

Section 170 CPSA 1995 Declared Article 6-Incompatible: Blanket Immunity from Malicious Prosecution Claims in Summary Proceedings 1) Introduction In Mark Hirst against The Chief Constable Police...

Deportation (Article 8): Unsigned/Undated “Support Letters” May Be Given No Weight; Rationality Review Applies a Normal Intensity Where Parliament Has Set the Public-Interest Baseline

Date: Feb 11, 2026

Deportation (Article 8): Unsigned/Undated “Support Letters” May Be Given No Weight; Rationality Review Applies a Normal Intensity Where Parliament Has Set the Public-Interest Baseline 1. Introduction...

Student Anonymity in Judicial Review: “Very Clear Interests” and “Pressing Circumstances” Required, with Temporary Restrictions Only to Preserve Appeal Rights

Date: Feb 11, 2026

Student Anonymity in Judicial Review: “Very Clear Interests” and “Pressing Circumstances” Required, with Temporary Restrictions Only to Preserve Appeal Rights 1) Introduction Student A v Trinity...