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

Finality of Want-of-Prosecution Decisions: Later Supreme Court Restatements Do Not Permit High Court “Do-Overs”

Date: Feb 3, 2026

Finality of Want-of-Prosecution Decisions: Later Supreme Court Restatements Do Not Permit High Court “Do-Overs” Case: Charleton and Anor v Scriven (Approved) Citation: [2026] IEHC 41 Court: High...

Exchequer-Funded Disability Care Premises Are Rate-Exempt: “Defrayed out of moneys provided” is Source-Based and “Wholly or Mainly” Means “For All Intents and Purposes”

Date: Feb 3, 2026

Exchequer-Funded Disability Care Premises Are Rate-Exempt: “Defrayed out of moneys provided” is Source-Based and “Wholly or Mainly” Means “For All Intents and Purposes” Case: Redwood Extended Care...

Late Withdrawal of Opposition to Pleading Amendments: Opponent May Bear the Majority of Motion Costs, with Full Consequential Costs Preserved

Date: Jan 31, 2026

Late Withdrawal of Opposition to Pleading Amendments: Opponent May Bear the Majority of Motion Costs, with Full Consequential Costs Preserved 1) Introduction Hgreit II Montrose OPCO LLC and Anor v...

Plenary Summons Permitted Where Damages Include Trespass to the Person, Despite PIAB Authorisation Requirement

Date: Jan 31, 2026

Plenary Summons Permitted Where Damages Include Trespass to the Person, Despite PIAB Authorisation Requirement Case: St. John Harrington v O'Connor (Approved) Citation: [2026] IEHC 52 Court: High...

Operative Tribunal Terms Prevail Over Recital Definitions & JR Time Runs from First Final Adverse Decision

Date: Jan 31, 2026

Operative Tribunal Terms Prevail Over Recital Definitions & JR Time Runs from First Final Adverse Decision 1) Introduction In O'Brien v Tribunal Of Inquiry Into Issues Relating To The Complaints...

R v Lee [2026] EWCA Crim 132 — Immediate Custody Proper Where Suspension Criteria Under the Imposition Guideline Are Not Met

Date: Jan 31, 2026

Immediate Custody Proper Where Suspension Criteria Under the Imposition Guideline Are Not Met: R v Lee [2026] EWCA Crim 132 1) Introduction This decision of the England and Wales Court of Appeal...

R v Odeyemi: Joinder of SRO-Breach and Rape, Intoxicated Consent Directions, and s.34 Inferences Without Identified Interview Questions

Date: Jan 31, 2026

R v Odeyemi: Joinder of SRO-Breach and Rape, Intoxicated Consent Directions, and s.34 Inferences Without Identified Interview Questions 1. Introduction Odeyemi, R. v ([2026] EWCA Crim 162, 30 January...

Lahoora, R. v — PTSD Expert Evidence in Self-Defence Must Be Tethered to the Live Issues and the Defendant’s Account

Date: Jan 31, 2026

PTSD Expert Evidence in Self-Defence Must Be Tethered to the Live Issues and the Defendant’s Account: R v Lahoora [2026] EWCA Crim 150 1. Introduction R v Lahoora concerned a renewed attempt to rely...

Extreme Section 18 Assaults on Infants: Sentences May Properly Exceed the Fegan Range (with Reasons) and Totality Must Be Made Transparent

Date: Jan 31, 2026

Extreme Section 18 Assaults on Infants: Sentences May Properly Exceed the R v Darren Fegan [2018] NICA 2 Range (with Reasons) and Totality Must Be Made Transparent Case: Fulton & Anor, R. v Neutral...

R v Mullen: Youth and Delay Do Not Justify Totality Reductions Below the Guideline Range for Multiple Category 2B Rapes

Date: Jan 31, 2026

Youth and Delay Do Not Justify Totality Reductions Below the Guideline Range for Multiple Category 2B Rapes (Unduly Lenient Sentence Reference) Introduction R v Mullen ([2026] EWCA Crim 133) is a...

Time for Appeal Runs from the UT Determination Where the UT Refuses an Extension: Late Permission Only on Strict Costs Conditions

Date: Jan 31, 2026

Time for Appeal Runs from the UT Determination Where the UT Refuses an Extension: Late Permission Only on Strict Costs Conditions 1) Introduction Hakim-Hashemi v Secretary of State for the Home...

Neurodiversity (ADHD), Intermediary Measures, and the “Unsafe Conviction” Test: No Appeal Without Demonstrable Trial Unfairness

Date: Jan 31, 2026

Neurodiversity (ADHD), Intermediary Measures, and the “Unsafe Conviction” Test: No Appeal Without Demonstrable Trial Unfairness Case: Ahmad, R. v | Citation: [2026] EWCA Crim 156 | Court: Court of...

Controlling or Coercive Behaviour: One Offence, Normally One Count, but No Automatic Stay for Multiple Counts

Date: Jan 31, 2026

Controlling or Coercive Behaviour: One Offence, Normally One Count, but No Automatic Stay for Multiple Counts Court: Court of Appeal of England and Wales, Criminal Division Neutral citation: [2026]...

Wysokinski v OCS Security Ltd: Procedural Irregularity Will Not Defeat an Inevitable Transfer of a Part 53 Claim to the County Court

Date: Jan 30, 2026

Procedural Irregularity Will Not Defeat an Inevitable Transfer of a Part 53 Claim to the County Court (CPR 53.4 / CPR 3.3) 1. Introduction Wysokinski v OCS Security Ltd [2026] EWCA Civ 26 is a Court...

Positive Acts of “Grooming” and Introduction to Adult Venues May Bring Subsequent Third‑Party Sexual Abuse Within the Scope of Duty (Relevancy at Debate)

Date: Jan 30, 2026

Positive Acts of “Grooming” and Introduction to Adult Venues May Bring Subsequent Third‑Party Sexual Abuse Within the Scope of Duty (Relevancy at Debate) Case: JWE v LGBT Youth Scotland (Court of...

DBAK v The Governors of the Fettes Trust: Patrimonial Loss for Childhood Sexual Abuse Requires Proof of a But‑For Career Path, Not Aspirational Reconstruction

Date: Jan 30, 2026

DBAK v The Governors of the Fettes Trust: Patrimonial Loss for Childhood Sexual Abuse Requires Proof of a But‑For Career Path, Not Aspirational Reconstruction Court: Scottish Court of Session (Outer...

Section 22(4) 1973 Act: Jury Trial Bar Applies Only Where the Pursuer Relies on Section 17(2)(b) or 18(2)(b) (Not Merely Because the Deceased Would Have Needed Section 17(2)(b))

Date: Jan 30, 2026

Section 22(4) 1973 Act: Jury Trial Bar Applies Only Where the Pursuer Relies on Section 17(2)(b) or 18(2)(b) (Not Merely Because the Deceased Would Have Needed Section 17(2)(b)) 1) Introduction...

Molnar/Vargova: Withdrawal Agreement Article 20(2) disapplies CRD proportionality for post‑transition offending; “stage 1” automatic deportation notice is a residence-rights restriction

Date: Jan 30, 2026

Withdrawal Agreement Article 20(2) disapplies CRD proportionality for post‑transition offending; “stage 1” automatic deportation notice is a residence-rights restriction 1. Introduction Molnar v...

Navid, R. v [2026] EWCA Crim 163 — Disqualification Runs from Sentence Date and Interim Disqualification Is Credited Automatically

Date: Jan 30, 2026

Disqualification for Causing Death by Careless Driving Runs from the Date of Sentence, with Automatic Credit for Interim Disqualification (Needham Applied on Appeal) Case: Navid, R. v Citation:...

Linked Protection Claims: Different Outcomes Justified by Divergent Credibility Findings and COI Scope

Date: Jan 30, 2026

Linked Protection Claims: Different Outcomes Justified by Divergent Credibility Findings and COI Scope 1. Introduction In L.A. v The International Protection Appeals Tribunal and Anor (Approved)...