periodic-inspection Case Commentaries

Costs against the Parole Board for administrative parole delay: Davies/Gourlay neutrality protection does not apply to HRA damages claims

Date: Sep 18, 2026

Costs against the Parole Board for administrative parole delay: Davies/Gourlay neutrality protection does not apply to HRA damages claims Case: Fitzgerald, R (On the Application Of) v Parole Board...

Transferred Loss in Scots Contract Law Requires a Defined Exception, Not General Fairness

Date: Sep 18, 2026

Transferred Loss in Scots Contract Law Requires a Defined Exception, Not General Fairness Case: Forthwell Ltd v Pontegadea UK Ltd Citation: [2026] UKSC 33 Court: United Kingdom Supreme Court Date: 17...

Mitigation for “Steps Taken to Address Addiction” Requires a Causal Link to the Offending (Drug Supply Sentencing)

Date: Sep 18, 2026

Mitigation for “Steps Taken to Address Addiction” Requires a Causal Link to the Offending (Drug Supply Sentencing) 1. Introduction In R v Salmon [2026] EWCA Crim 1201, the Court of Appeal (Criminal...

Abandonment Under s104(4A) Is an Excluded “Preliminary Decision”: No Upper Tribunal Jurisdiction

Date: Sep 17, 2026

Abandonment Under s104(4A) Is an Excluded “Preliminary Decision”: No Upper Tribunal Jurisdiction Case: Guerrero v Secretary of State for Home Department Citation: [2026] EWCA Civ 953 (Court of Appeal...

Interpreting the s277A Presumption: “Exceptional Circumstances” and the 12‑Month Custody Boundary

Date: Sep 17, 2026

Interpreting the s277A Presumption: “Exceptional Circumstances” and the 12‑Month Custody Boundary 1) Introduction In Hodge & Ors v R [2026] EWCA Crim 1181, the Court of Appeal (Criminal Division)...

Loss of Support in Scots Fatal Claims: No Compensable Loss Where Passive Investment Income Seamlessly Passes to the Dependant

Date: Sep 16, 2026

Loss of Support in Scots Fatal Claims: No Compensable Loss Where Passive Investment Income Seamlessly Passes to the Dependant Court: Outer House, Court of Session | Judge: Lord Malcolm | Citation:...

Section 275 After Daly & Keir: Post‑Allegation Intimacy Evidence, Dignity/Privacy Limits, and No Miscarriage Where the Jury Already Heard the Essence

Date: Sep 16, 2026

Section 275 After Daly & Keir: Post‑Allegation Intimacy Evidence, Dignity/Privacy Limits, and No Miscarriage Where the Jury Already Heard the Essence 1) Introduction In CS v His Majesty’s Advocate...

[2026] NICA 37 — Latimer is not a freestanding ground: fact-specific scrutiny of historic confession convictions

Date: Sep 16, 2026

Latimer Is Not a Freestanding Basis to Quash Historic Confession Convictions: Safety Turns on Case-Specific Link to Reliability Case: McDevitt, R. v Neutral citation: [2026] NICA 37 (Court of Appeal...

Care Act Needs Assessments: Mandatory MCA Capacity Assessment Where Capacity is in Doubt

Date: Sep 16, 2026

Care Act Needs Assessments: Mandatory MCA Capacity Assessment Where Capacity is in Doubt Introduction In R (TDB) v London Borough of Haringey [2026] EWCA Civ 1184, the Court of Appeal (Bean LJ, Baker...

Post‑Inquiry Updates and the Tameside Duty: Materiality Threshold for Section 36 Decisions Where ADLS Deliverability is Uncertain

Date: Sep 16, 2026

Post‑Inquiry Updates and the Tameside Duty: Materiality Threshold for Section 36 Decisions Where ADLS Deliverability is Uncertain Introduction In ScottishPower Renewables (UK) Ltd v The Scottish...

Unilateral Promise by an Optionholder Can Extinguish or Curtail Option Rights, and Waiver/Personal Bar Cannot Revive Them

Date: Sep 16, 2026

Unilateral Promise by an Optionholder Can Extinguish or Curtail Option Rights, and Waiver/Personal Bar Cannot Revive Them 1. Introduction In Kirkwood Homes Limited against Cameron [2026] CSOH 88,...

Disclosure Failure and Third-Party Bad Character: Later Rape Conviction Not “Substantially Probative” of Responsibility for a No-Body Murder (s.100 CJA 2003)

Date: Sep 16, 2026

Disclosure Failure and Third-Party Bad Character: Later Rape Conviction Not “Substantially Probative” of Responsibility for a No-Body Murder (s.100 CJA 2003) 1. Introduction Osment v R [2026] EWCA...

Contractual Indemnities “While Performing Duties Under This Agreement” Are Prospective Only; Regulatory PPI Redress Is Not a Contribution Act “Liability” Without an Actionable Private-Law Cause

Date: Sep 16, 2026

Contractual Indemnities “While Performing Duties Under This Agreement” Are Prospective Only; Regulatory PPI Redress Is Not a Contribution Act “Liability” Without an Actionable Private-Law Cause 1)...

SGO in Care Proceedings: Proportionality Required and Threshold Typically Determined Before Permanently Placing a Child with a Foster Carer

Date: Sep 11, 2026

SGO in Care Proceedings: Proportionality Required and Threshold Typically Determined Before Permanently Placing a Child with a Foster Carer Case: Re E (A Child) (Special Guardianship Order: Public...

Children’s Views Are Relevant but Not Decisive Across the Article 13(b) Grave-Risk Inquiry

Date: Sep 10, 2026

Children’s Views Are Relevant but Not Decisive Across the Article 13(b) Grave-Risk Inquiry Case: In the Petition of DM Citation: [2026] UKSC 32 Court: United Kingdom Supreme Court Date: 9 September...

No Damages for Trade Mark Infringement Without Proved Loss: Iniuria Sine Damno Applied in Scots IP Litigation

Date: Sep 10, 2026

No Damages for Trade Mark Infringement Without Proved Loss: Iniuria Sine Damno Applied in Scots IP Litigation 1) Introduction In McCandlish Farmhouse Confectionery Ltd against Michael Malone and...

Schedule of Condition as a Non‑Exclusive Evidential Cap on Yielding-Up: Repair and Decoration Obligations in Long Commercial Sub-Leases

Date: Sep 10, 2026

Schedule of Condition as a Non‑Exclusive Evidential Cap on Yielding-Up: Repair and Decoration Obligations in Long Commercial Sub-Leases Court: Scottish Court of Session, First Division (Inner House)...

Supervisory Complaints about Curators ad Litem: No Legitimate Expectation of Investigation and No Judicial Review Where the Complaint Seeks to Re-open Litigation Merits

Date: Sep 10, 2026

Supervisory Complaints about Curators ad Litem: No Legitimate Expectation of Investigation and No Judicial Review Where the Complaint Seeks to Re-open Litigation Merits 1. Introduction In Petition of...

Interim aliment may include prospective legal fees in exceptional cases despite section 22 of the Family Law (Scotland) Act 1985

Date: Sep 10, 2026

Interim aliment may include prospective legal fees in exceptional cases despite section 22 of the Family Law (Scotland) Act 1985 1. Introduction In JK against LAK [2026] CSOH 83 (Outer House, Court...

Procedural Fairness and Section 31(2A) in Sponsor Licence Revocations: “Genuine Vacancy” and “Threat to Immigration Control” under Home Office Sponsor Guidance

Date: Sep 9, 2026

Procedural Fairness and Section 31(2A) in Sponsor Licence Revocations: “Genuine Vacancy” and “Threat to Immigration Control” under Home Office Sponsor Guidance Case: J's Supermarket Ltd, R (On the...