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

Commissioning Alone Is Not “Economic Activity” Under TUPE: A Single EU-Law “Undertaking” Test for Competition and Employment

Date: Jan 22, 2026

Commissioning Alone Is Not “Economic Activity” Under TUPE: A Single EU-Law “Undertaking” Test for Competition and Employment Case: Bicknell & Anor v NHS Nottingham And Nottinghamshire Integrated...

Criminal Trading Counts as “Work” and Illegal Receipts as “Income” for ESA Entitlement and Means-Testing

Date: Jan 22, 2026

Criminal Trading Counts as “Work” and Illegal Receipts as “Income” for ESA Entitlement and Means-Testing 1. Introduction Allen v The Secretary of State for Work And Pensions [2026] EWCA Civ 19...

“Groomed Consent” Rarely Justifies a No-Case Ruling; Restraining Orders Must Be Necessary, Noticed, and Reasoned — Yasin & Ors, R. v [2026] EWCA Crim 68

Date: Jan 22, 2026

“Groomed Consent” Rarely Justifies a No-Case Ruling; Restraining Orders Must Be Necessary, Noticed, and Reasoned Case: Yasin & Ors, R. v Citation: [2026] EWCA Crim 68 Court: England and Wales Court...

Kennedy, R. v — Dangerousness under s.308 Sentencing Code may be founded on organised-crime sophistication and role in planned violence, despite limited prior violence and an acquittal of murder

Date: Jan 22, 2026

Kennedy, R. v — Dangerousness under s.308 Sentencing Code may be founded on organised-crime sophistication and role in planned violence, despite limited prior violence and an acquittal of murder 1....

Illegality Bars Negligence Claims by a Killer Found Not Guilty by Reason of Insanity: Unlawful Killing Engages ex turpi causa Despite No Criminal Responsibility

Date: Jan 22, 2026

Illegality Bars Negligence Claims by a Killer Found Not Guilty by Reason of Insanity: Unlawful Killing Engages ex turpi causa Despite No Criminal Responsibility Case: Lewis-Ranwell v G4S Health...

Category A Culpability Driven by Extreme Speed: Nitrous Oxide Use as an Aggravating Feature Even Absent Proven Impairment (R v Donnelly)

Date: Jan 22, 2026

Category A Culpability Driven by Extreme Speed: Nitrous Oxide Use as an Aggravating Feature Even Absent Proven Impairment (R v Donnelly) 1) Introduction R. v Donnelly concerns sentencing for causing...

Section 20C Juries Act 1974: Judicial Warnings on “Jury Equity” Placards Do Not Render Convictions Unsafe

Date: Jan 21, 2026

Section 20C Juries Act 1974: Judicial Warnings on “Jury Equity” Placards Do Not Render Convictions Unsafe Case: Webster & Ors v The King Citation: [2026] EWCA Crim 9 Court: Court of Appeal (Criminal...

[2026] HCJAC 2 — OLR/RAO: Risk Criteria Must Link to the Qualifying Offence (Not to Non‑Qualifying Dishonesty Harm)

Date: Jan 21, 2026

OLR/RAO in Crown Sentence Appeals: The risk criteria must be evidenced by (and linked to) the qualifying offence, not by psychological harm hypothesised from non‑qualifying dishonesty Case: Crown...

Asylum Claims Rarely Justify Adjournment of Extradition Appeals: Section 39(3) Stays Removal Without Staying the Appeal

Date: Jan 21, 2026

Asylum Claims Rarely Justify Adjournment of Extradition Appeals: Section 39(3) Stays Removal Without Staying the Appeal Introduction This decision of the Appeal Court, High Court of Justiciary...

UKSC Rating Decisions Do Not Constitute a Scottish “Material Change of Circumstances” (and Cardtronics Is Not a New-Valuation-Principle Trigger)

Date: Jan 21, 2026

UKSC Rating Decisions Do Not Constitute a Scottish “Material Change of Circumstances” (and Cardtronics Is Not a New-Valuation-Principle Trigger) 1) Introduction This Lands Valuation Appeal Court...

Limits of Government “Comfort Letter” Liability: No Assumed Responsibility to Disclose Regulatory Approval Risks (Biffa v Scottish Ministers)

Date: Jan 21, 2026

Limits of Government “Comfort Letter” Liability: No Assumed Responsibility to Disclose Regulatory Approval Risks Introduction Court: Outer House, Court of Session (Commercial Action) Judge: Lord...

R v TPD [2026] EWCA Crim 16 — Sentencing for TPIM Breach: Harm is Inherently “Very Serious” and Culpability Turns on the Breach, Not Ideology

Date: Jan 21, 2026

Sentencing for TPIM Breach: Harm is Inherently “Very Serious” and Culpability Turns on the Breach, Not Ideology 1. Introduction Case: TPD, R. v [2026] EWCA Crim 16 (Court of Appeal (Criminal...

Sands, R. v [2026] EWCA Crim 15 — S.98 “Relationship-History” Evidence and the Limits of Mandatory Jury Directions in Consent Trials

Date: Jan 21, 2026

S.98 “Relationship-History” Evidence and the Limits of Mandatory Jury Directions in Consent Trials (R v Sands) 1. Introduction R v Sands ([2026] EWCA Crim 15, CA (Crim Div), 20 January 2026) concerns...

Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface

Date: Jan 21, 2026

Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface 1) Introduction This “No. 2” judgment concerns X Internet Unlimited Company (the...

Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach

Date: Jan 21, 2026

Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach 1. Introduction The Board of Management of Wilson's Hospital School v Burke [No. 4]...

Windrush Compensation Scheme Claims Are Capable of “Civil Rights” Under Article 6—But Article 6 Is Not Engaged Absent a “Dispute”

Date: Jan 20, 2026

Windrush Compensation Scheme Claims Are Capable of “Civil Rights” Under Article 6—But Article 6 Is Not Engaged Absent a “Dispute” Case: Oji, R (On the Application Of) v The Director of Legal Aid...

Upper Tribunal May Issue Weighting Guidance on Statutory Time-Extension Discretions: Martland/Katib Confirmed for VAT Act 1994 s 83G(6)

Date: Jan 20, 2026

Upper Tribunal May Issue Weighting Guidance on Statutory Time-Extension Discretions: Martland/Katib Confirmed for VAT Act 1994 s 83G(6) 1. Introduction Revenue And Customs v Medpro Healthcare Ltd &...

Part 36 Liability-Only Percentage Offers Can Engage CPR 36.17 in Principle (Overruling Mundy), But Not Where Liability Is Never Determined

Date: Jan 19, 2026

Part 36 Liability-Only Percentage Offers Can Engage CPR 36.17 in Principle (Overruling Mundy), But Not Where Liability Is Never Determined 1) Introduction Smithstone v Tranmoor Primary School [2026]...

Dock Placement and Fair Trial: Refusal to Allow a Litigant-in-Person to Sit at Counsel’s Bench Will Not Normally Render a Conviction Unsafe Absent Material Prejudice

Date: Jan 17, 2026

Dock Placement and Fair Trial: Refusal to Allow a Litigant-in-Person to Sit at Counsel’s Bench Will Not Normally Render a Conviction Unsafe Absent Material Prejudice Case: Luckhurst-Matthews, R. v...

Misstated Indictment Dates/Age Are Not “Material Averments” Where Time/Age Is Not an Element: Convictions Remain Safe

Date: Jan 17, 2026

Misstated Indictment Dates/Age Are Not “Material Averments” Where Time/Age Is Not an Element: Convictions Remain Safe 1. Introduction BDZ v R ([2026] EWCA Crim 10) concerned an appeal against...