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

Tailored SHPOs for Child-Grooming Risk: Incidental-Contact Carve‑Out and Digital-Device Controls; English Guidelines Only as a Cross‑Check

Date: Feb 5, 2026

Tailored SHPOs for Child-Grooming Risk: Incidental-Contact Carve‑Out and Digital-Device Controls; English Guidelines Only as a Cross‑Check 1. Introduction His Majesty's Advocate appealed to the...

Mandamus in Naturalisation Delays: Waiting for External Background Checks Is Not “Egregious Delay” Tantamount to Refusal

Date: Feb 5, 2026

Mandamus in Naturalisation Delays: Waiting for External Background Checks Is Not “Egregious Delay” Tantamount to Refusal Case: MJ v The Minister For Justice; AA v. The Minister For Justice [2026]...

Advance “Relocation Consent” in Hague Cases Must Be Clear, Objective, and Operative at the Date of Removal

Date: Feb 5, 2026

Advance “Relocation Consent” in Hague Cases Must Be Clear, Objective, and Operative at the Date of Removal Case: G v G (Child Abduction: consent; grave risk) (Approved) Citation: [2026] IEHC 45 (High...

Section 12(1) Requires a Knowing Invitation of Organisational Support, Not Support for a Particular Terrorist Act

Date: Feb 5, 2026

Section 12(1) Requires a Knowing Invitation of Organisational Support, Not Support for a Particular Terrorist Act Commentary on Greenstein v R [2026] EWCA Crim 48 England and Wales Court of Appeal...

Riley, R. v — Age Alone Does Not Rigidly Mandate “Particularly Vulnerable” Harm Categorisation in Assault by Penetration Sentencing

Date: Feb 5, 2026

Riley, R. v — Age Alone Does Not Rigidly Mandate “Particularly Vulnerable” Harm Categorisation in Assault by Penetration Sentencing 1) Introduction This decision of the England and Wales Court of...

Breeze & Ors v TSB Bank PLC: Transferee Lenders May Retain and Vary an Inherited Mortgage SVR; CCA Unfair-Relationship Remedies Cannot Reach Regulated Mortgages via “Related Agreements”

Date: Feb 4, 2026

Transferee Lenders May Retain and Vary an Inherited Mortgage SVR; CCA Unfair-Relationship Remedies Cannot Reach Regulated Mortgages via “Related Agreements” 1. Introduction Breeze & Ors v TSB Bank...

Associational Standing Requires Documentary Proof; Defects in Licensing Fees Do Not Invalidate Housing Act 2004 Designations

Date: Feb 4, 2026

Associational Standing Requires Documentary Proof; Defects in Licensing Fees Do Not Invalidate Housing Act 2004 Designations 1) Introduction This Court of Appeal decision concerns an attempted...

C v D [2026] IEHC 47 — Grave Risk Under Article 13(b) May Be Grounded on a Single Serious Boundary-Breach, Absent Immediate, Evidenced and Enforceable Safeguards

Date: Feb 4, 2026

C v D (Approved) [2026] IEHC 47 — Grave Risk Under Article 13(b) May Be Grounded on a Single Serious Boundary-Breach, Absent Immediate, Evidenced and Enforceable Safeguards 1) Introduction This High...

Taha Pharmaceuticals v Capsugel Belgium NV: Relief from Sanctions Refused for Non-Compliance with Security for Costs Unless Order Where “Impossibility” Is Not Proved and No Route to Compliance Is Offered

Date: Feb 4, 2026

Relief from Sanctions Refused for Non-Compliance with a Security for Costs Unless Order Where “Impossibility” Is Not Proved, Diligence Is Lacking, and No Practical Route to Compliance Is Offered...

Benefit-Only Assignees as “Parties to a Code Agreement” for Part 5 (Termination/Modification) Applications under the Electronic Communications Code

Date: Feb 4, 2026

Benefit-Only Assignees as “Parties to a Code Agreement” for Part 5 (Termination/Modification) Applications under the Electronic Communications Code 1. Introduction On Tower UK Ltd v AP Wireless II...

Deportation stays pending Supreme Court leave: custody and imminent statutory detention limits are not “special prejudice” absent concrete evidence

Date: Feb 4, 2026

Deportation stays pending Supreme Court leave: custody and imminent statutory detention limits are not “special prejudice” absent concrete evidence 1. Introduction A.M.A. v The Minister For Justice,...

Acceptance Must Be Communicated by Return/Exchange of Executed Contract Where “Subject to Contract / Contract Denied” and “Exchange” Is Stipulated

Date: Feb 4, 2026

Acceptance Must Be Communicated by Return/Exchange of Executed Contract Where “Subject to Contract / Contract Denied” and “Exchange” Is Stipulated 1) Introduction Outeniqua Ltd v Buckley and O'Neill,...

Dangerousness and Extended Determinate Sentences: Reasons Must Address Public Risk (Baker & McGuire)

Date: Feb 4, 2026

Dangerousness and Extended Determinate Sentences: Reasons Must Address Public Risk (Baker & McGuire) 1. Introduction R v Baker & Anor ([2026] EWCA Crim 154) is a Solicitor General’s reference for...

R v Munro: Cumulative Domestic Abuse Impact Can Justify Category 1 Harm (B1) for ABH and Consecutive Sentences Within Totality

Date: Feb 4, 2026

R v Munro: Cumulative Domestic Abuse Impact Can Justify Category 1 Harm (B1) for ABH and Consecutive Sentences Within Totality 1) Introduction R. v Munro ([2026] EWCA Crim 151) is a sentence appeal...

Marley, R. v — Renewed Leave to Appeal Against Sentence: High Threshold for Disparity, Late Evidence, and Extensions of Time in “Level 1” Kidnap/Extortion Cases

Date: Feb 4, 2026

Marley, R. v — Renewed Leave to Appeal Against Sentence: High Threshold for Disparity, Late Evidence, and Extensions of Time in “Level 1” Kidnap/Extortion Cases 1. Introduction Marley, R. v ([2026]...

O’Murthuile v ABP and Ors (Approved) — “Evinced Intention” as the Unifying Test for Abandonment of Residential Use (and the Limits of s.50A(7) Certification)

Date: Feb 4, 2026

“Evinced Intention” as the Unifying Test for Abandonment of Residential Use (and the Limits of s.50A(7) Certification) Case: O'Murthuile v ABP and Ors (Approved) | Citation: [2026] IEHC 36 | Court:...

Caudrey, R. v — Duty to Address Suspended Sentence Guideline Factors Where Suspension Is Available

Date: Feb 4, 2026

Caudrey, R. v — Duty to Address Suspended Sentence Guideline Factors Where Suspension Is Available 1) Introduction R v Caudrey concerns an appeal against sentence arising from the importation of...

Hopkinson: Loss of Time Orders for Hopeless Renewed Conviction Appeals After Guilty Pleas Alleging Non-Disclosure

Date: Feb 4, 2026

Hopkinson: Loss of Time Orders for Hopeless Renewed Conviction Appeals After Guilty Pleas Alleging Non-Disclosure 1. Introduction R. v Hopkinson ([2026] EWCA Crim 161) is a decision of the England...

Fair-Procedure Minimum Disclosure in Airport Security Clearance Appeals

Date: Feb 3, 2026

Fair-Procedure Minimum Disclosure in Airport Security Clearance Appeals: An “Appeal in Name Only” Where Non-Sensitive Reasons Are Withheld 1) Introduction Doyle v The Commissioner of An Garda...

Section 542 TCA: A “Conditional Contract” Exists Only Where No Obligation to Dispose/Acquire Arises Until the Condition Is Satisfied

Date: Feb 3, 2026

Section 542 TCA: A “Conditional Contract” Exists Only Where No Obligation to Dispose/Acquire Arises Until the Condition Is Satisfied 1. Introduction Flaherty v Revenue Commissioner ([2026] IESC 4) is...