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

Dangerousness and Extended Determinate Sentences: Index-Offence Facts Can Suffice and Appellate Courts Defer to Trial-judge Assessment (R. v Short)

Date: Jan 24, 2026

Dangerousness and Extended Determinate Sentences: Index-Offence Facts Can Suffice and Appellate Courts Defer to Trial-judge Assessment 1. Introduction R. v Short ([2026] EWCA Crim 77) concerns an...

Relocation as Welfare Evaluation: “Entirely Successful” (s.169 LSRA 2015) Not Read as Win/Lose; Default No-Costs Approach in Child-Centred Family Proceedings

Date: Jan 24, 2026

Relocation as Welfare Evaluation: “Entirely Successful” (s.169 LSRA 2015) Not Read as Win/Lose; Default No-Costs Approach in Child-Centred Family Proceedings Case: D v D [No. 2] (Approved) |...

Primacy of Will-and-Preferences and Least-Restrictive Support: Independent Co-Decision-Maker Preferred over a DMR on a s.55 Discharge Application

Date: Jan 24, 2026

Primacy of Will-and-Preferences and Least-Restrictive Support: Independent Co-Decision-Maker Preferred over a DMR on a s.55 Discharge Application 1. Introduction In the Matter of D [A Ward of Court]...

Section 56(5) YJCEA 1999: Unsworn Evidence Given in Error Does Not, Without More, Render a Conviction Unsafe

Date: Jan 24, 2026

Section 56(5) YJCEA 1999: Unsworn Evidence Given in Error Does Not, Without More, Render a Conviction Unsafe 1. Introduction R. v Giscombe ([2026] EWCA Crim 82) concerned an application for leave to...

Tailored Costs Orders for Collapsed Loss-of-Earnings Claims in Personal Injury Actions (s.169 LSRA 2015)

Date: Jan 24, 2026

Tailored Costs Orders for Collapsed Loss-of-Earnings Claims in Personal Injury Actions (s.169 LSRA 2015) Case: Higgins v Coleman and Anor (Approved) Citation: [2026] IEHC 144 Court: High Court of...

Conflict-of-Interest Misconduct After a Partly Successful SDT Appeal: Censure and “No Order” Costs Where Dishonesty Allegations Fall Away

Date: Jan 24, 2026

Conflict-of-Interest Misconduct After a Partly Successful SDT Appeal: Censure and “No Order” Costs Where Dishonesty Allegations Fall Away 1. Introduction O'Callaghan v Nirvanna Property Holdings Ltd...

“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision

Date: Jan 23, 2026

“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision 1. Introduction Hawes, R (On the...

ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify

Date: Jan 23, 2026

ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify 1. Introduction Secretary of State for...

Long‑Term Concealment as “Significant Planning or Premeditation” Justifying an Uplift from the Schedule 21 Starting Point

Date: Jan 23, 2026

Long‑Term Concealment as “Significant Planning or Premeditation” Justifying an Uplift from the Schedule 21 Starting Point 1. Introduction Teo, R. v [2026] EWCA Crim 134 is a sentencing decision of...

Strict Approach to Late Criminal Appeals: Tactical Defence Decisions, “Fresh Evidence” and the Extension-of-Time Test

Date: Jan 23, 2026

Strict Approach to Late Criminal Appeals: Tactical Defence Decisions, “Fresh Evidence” and the Extension-of-Time Test Case: OGM, R. v Neutral citation: [2026] EWCA Crim 74 Court: Court of Appeal...

Caregiving and Health Mitigation Rarely Displaces Extended Sentences for Dangerous Child Sexual Offending

Date: Jan 23, 2026

Caregiving and Health Mitigation Rarely Displaces Extended Sentences for Dangerous Child Sexual Offending 1) Introduction In [2026] EWCA Crim 214, the Court of Appeal (Criminal Division) considered a...

Totality in Sequential Sentencing: “Equivalent Sentence” Assessment by Release-Date Impact

Date: Jan 23, 2026

Totality in Sequential Sentencing: “Equivalent Sentence” Assessment by Release-Date Impact 1. Introduction R. v Voka ([2026] EWCA Crim 211) is a decision of the Court of Appeal (Criminal Division)...

Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing

Date: Jan 22, 2026

Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing 1) Introduction Pepper Finance Corporation (Ireland)...

Age-Assessment Judicial Review Not Academic Where the Finding May Have Ongoing Practical Consequences

Date: Jan 22, 2026

Age-Assessment Judicial Review Not Academic Where the Finding May Have Ongoing Practical Consequences 1. Introduction Dastan Ibrahimi against Glasgow City Council ([2026] CSIH 4) is an Inner House...

Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim

Date: Jan 22, 2026

Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim...

Neiser v Leinster Senior College Ltd [2026] IEHC 15 — Dismissal for Post-Warning Inactivity and Cumulative Delay Exceeding Five Years

Date: Jan 22, 2026

Neiser v Leinster Senior College Ltd [2026] IEHC 15: Post-Warning Inactivity and Five-Year Cumulative Inactivity Justify Dismissal for Delay 1. Introduction Neiser v Leinster Senior College Ltd...

Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute

Date: Jan 22, 2026

Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute Case: K.S. v The International Protection Appeals Tribunal and Anor [2026]...

Incoherence in Survivor-Pension Rules Breaches Article 40.1: Qualified Cohabitants Cannot Be Excluded Where Cohabitation Is Treated as Equivalent for Withholding/Restoring Benefits

Date: Jan 22, 2026

Incoherence in Survivor-Pension Rules Breaches Article 40.1: Qualified Cohabitants Cannot Be Excluded Where Cohabitation Is Treated as Equivalent for Withholding/Restoring Benefits Case: Jones v...

Haydon v Rex: “Likely” in s.2 Explosive Substances Act 1883 means “could well” (real risk), and mens rea is limited to causing an explosion

Date: Jan 22, 2026

Haydon v Rex: “Likely” in s.2 Explosive Substances Act 1883 means “could well” (real risk), and mens rea is limited to causing an explosion 1) Introduction Haydon v Rex ([2026] EWCA Crim 12, 21...

Mixed-Use Premises as “Dwellings” Under LTA 1985: Service Charge Control Applies Despite Ancillary Residential Use

Date: Jan 22, 2026

Mixed-Use Premises as “Dwellings” Under LTA 1985: Service Charge Control Applies Despite Ancillary Residential Use Introduction Case: Cloisters Business Centre Management Company Ltd v Anvari & Anor...