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

Political Change as an Extrinsic Reason for Refusing Costs: Commentary on PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644

Date: Dec 17, 2025

Political Change as an Extrinsic Reason for Refusing Costs: Commentary on Public and Commercial Services Union v Secretary of State for the Home Department [2025] EWCA Civ 1644 1. Introduction 1.1....

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v SSHD [2025] EWCA Civ 1646

Date: Dec 17, 2025

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v Secretary of State for the Home Department [2025] EWCA Civ 1646 1. Introduction This...

Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116

Date: Dec 17, 2025

Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116 1. Introduction This Outer House decision of...

JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting

Date: Dec 17, 2025

JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting 1. Introduction This opinion of Lord Braid in the Outer House of the Court of...

Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The NMC v Ibrahim [2025] EWCA Civ 1631

Date: Dec 17, 2025

Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The Nursing and Midwifery Council v Ibrahim [2025] EWCA Civ 1631 1. Introduction The...

Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise

Date: Dec 17, 2025

Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise 1. Introduction The decision in C (A Child)...

Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion – Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622

Date: Dec 17, 2025

Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion: Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622 1. Introduction This...

From “Have Regard” to “Accordance”: Flood‑Risk Zoning, NPO 57 and Ministerial Directions in Voyage Property Ltd v Limerick City & County Council [2025] IEHC 696

Date: Dec 17, 2025

From “Have Regard” to “Accordance”: Flood‑Risk Zoning, NPO 57 and Ministerial Directions in Voyage Property Ltd v Limerick City & County Council [2025] IEHC 696 Contents 1. Introduction 2. Summary of...

Daramy v The London Borough of Tower Hamlets & Ors [2025] EWCA Civ 1789 – Commentary

Date: Dec 17, 2025

“Minor Error” Under EAT Rule 37(5) Does Not Secure an Extension Where the Appeal Is (Practically) Academic: The Court’s Power to Refuse on Futility Grounds 1. Introduction In Daramy v The London...

Self-Induced Drug Psychosis as Aggravation (Not Mitigation) in Domestic Abuse Violence Sentencing; Totality and 5-Year EDS Extension Upheld — Miah [2025] EWCA Crim 1784

Date: Dec 17, 2025

Self-Induced Drug Psychosis as Aggravation (Not Mitigation) in Domestic Abuse Violence Sentencing; Totality and 5-Year EDS Extension Upheld 1. Introduction R v Miah ([2025] EWCA Crim 1784) is an...

R v Hibbert [2025] EWCA Crim 1730 — Contextual Digital Communications Can Amount to a Case to Answer for Secondary Liability in a Planned Murder

Date: Dec 17, 2025

Contextual Digital Communications Can Amount to a Case to Answer for Secondary Liability in a Planned Murder (R v Hibbert) Case: Hibbert, R. v Citation: [2025] EWCA Crim 1730 Court: England and Wales...

Attempted “Inciting” Sexual Activity with a Decoy Child: Category Harm by Intended Act, and Only a Small Downward Adjustment (No Extra Discount for Attempt)

Date: Dec 17, 2025

Attempted “Inciting” Sexual Activity with a Decoy Child: Category Harm by Intended Act, and Only a Small Downward Adjustment (No Extra Discount for Attempt) 1. Introduction Shaw, R. v ([2025] EWCA...

R v Thornton [2025] EWCA Crim 1734 — Serious Domestic Abuse (Coercive Control + Strangulation) Normally Requires Immediate Custody; Community Order Can Be “Outside the Range”

Date: Dec 17, 2025

R v Thornton [2025] EWCA Crim 1734 — Serious Domestic Abuse (Coercive Control + Strangulation) Normally Requires Immediate Custody; Community Order Can Be “Outside the Range” 1) Introduction This was...

Immediate Custody Required for Serious Domestic Abuse: Category A Coercive Control and Intentional Strangulation Cannot Properly Attract a Community Order

Date: Dec 17, 2025

Immediate Custody Required for Serious Domestic Abuse: Category A Coercive Control and Intentional Strangulation Cannot Properly Attract a Community Order 1. Introduction Thornton, R. v ([2025] EWCA...

Change in Penal Policy Does Not Reopen IPP Sentences: Refusing Very Late IPP Appeals Absent Arguable Sentencing Error

Date: Dec 17, 2025

Change in Penal Policy Does Not Reopen IPP Sentences: Refusing Very Late IPP Appeals Absent Arguable Sentencing Error 1) Introduction R v Thorpe ([2025] EWCA Crim 1758) concerns two renewed...

Regulatory Oversight and Commissioned Agency Models: When Discrimination Tribunal Jurisdiction Ends Because the Claimant Is Not an “Employee”

Date: Dec 16, 2025

Regulatory Oversight and Commissioned Agency Models: When Discrimination Tribunal Jurisdiction Ends Because the Claimant Is Not an “Employee” Case: McGreevy v NFU Mutual Insurance Society LTD [2025]...

Bare Assertions and Historic Delay Are No Defence: Summary Judgment on a Personal Guarantee after Kirwan v Connors – Commentary on Credebt Exchange Ltd v Doran [2025] IEHC 740

Date: Dec 16, 2025

Bare Assertions and Historic Delay Are No Defence: Summary Judgment on a Personal Guarantee after Kirwan v Connors – Commentary on Credebt Exchange Ltd v Philip Doran [2025] IEHC 740 1. Introduction...

Rowland Threshold Applied to University Student Discipline: Injunction Refused Absent Irremediable Flaw or Objective Bias

Date: Dec 16, 2025

Rowland Threshold Applied to University Student Discipline: Injunction Refused Absent Irremediable Flaw or Objective Bias Court: High Court of Ireland Judge: Ms Justice Bolger Date: 28 January 2026...

True Justice Demands Proportionality Between Legal Costs and Claim Value: Commentary on Putniene v McDonald & Ors [2025] IEHC 682

Date: Dec 16, 2025

True Justice Demands Proportionality Between Legal Costs and Claim Value: Commentary on Putniene v McDonald & Ors [2025] IEHC 682 1. Introduction The High Court judgment in Regina Putniene v Brendan...

Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform: Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64

Date: Dec 15, 2025

Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform: Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64 1. Introduction This Court of Appeal...