periodic-inspection Case Commentaries

R v MAK [2025] EWCA Crim 1138: Fresh “evidence” from family opinion and pressured retractions held non-probative; ABE editing and social worker as appropriate adult endorsed; pre‑sentence recommendations not binding

Date: Jul 11, 2025

R v MAK [2025] EWCA Crim 1138: Fresh “Evidence” from Family Opinion and Pressured Retractions Held Non‑Probative; ABE Editing and Social Worker as Appropriate Adult Endorsed; Pre‑Sentence...

Bench Technology and Procedural Fairness: The UV Decision on Judges’ Limited Use of Electronic Devices During Evidence

Date: Jul 10, 2025

Bench Technology and Procedural Fairness: UV v Locality Reporter Manager & WX ([2025] CSIH 19) — A New Touchstone on Judicial In-Court Use of Electronic Devices 1. Introduction The Inner House of the...

“Apparent” Means Plainly Visible: Ruby Properties (Scotland) Ltd v Watt and the Limits of Companies-House Disclosure

Date: Jul 10, 2025

“Apparent” Means Plainly Visible: The New Threshold for General Disclosure in Share-Purchase Agreements Introduction In Ruby Properties (Scotland) Ltd (formerly ARB Aviation Ltd) v James Alistair...

Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction

Date: Jul 10, 2025

Rocep-Lusol v Lindal Dispenser: Post-Expiry Patent Royalties and the Modern Approach to Contractual Construction 1. Introduction Citation: Rocep-Lusol Holdings Ltd v Lindal Dispenser GmbH (First...

Enduring Mental Disorder and the Substitution of Hospital Orders for Legacy IPP Sentences: A Commentary on Osmond v R [2025] EWCA Crim 835

Date: Jul 10, 2025

Enduring Mental Disorder and the Substitution of Hospital Orders for Legacy IPP Sentences A Commentary on Osmond v R [2025] EWCA Crim 835 Introduction The Court of Appeal’s decision in Osmond v R...

ANZ v R: Mandatory Means Inquiry & Restrictive Use of Compensation Orders in Criminal Sentencing

Date: Jul 10, 2025

ANZ v R: Mandatory Means Inquiry & Restrictive Use of Compensation Orders in Criminal Sentencing Introduction ANZ v R ([2025] EWCA Crim 778) is a Court of Appeal (Criminal Division) decision that...

JAH v R: Clarifying the “Lurking-Doubt” Threshold and the De-Minimis Rule for Procedural Irregularities on Criminal Appeal

Date: Jul 10, 2025

JAH v R: Clarifying the “Lurking-Doubt” Threshold and the De-Minimis Rule for Procedural Irregularities on Criminal Appeal Introduction In JAH, R v ([2025] EWCA Crim 1020) the Criminal Division of...

Montanari, R. v — Correct Plea Credit and a Staged RTA 1988 Disqualification Calculation (ss.35A–35B)

Date: Jul 10, 2025

Montanari, R. v — Correct Plea Credit and a Staged RTA 1988 Disqualification Calculation (ss.35A–35B) 1. Introduction Montanari, R. v [2025] EWCA Crim 996 is a Court of Appeal (Criminal Division)...

“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) v. Glasgow City Council

Date: Jul 9, 2025

“Obvious Age” Decisions: Sufficiency of Brief Reasons after Duy Bach Tai (FE/LA) for Judicial Review [2025] CSOH 60 1. Introduction The Outer House of the Scottish Court of Session, per Lord Lake,...

Sutton v DPP (No. 2): High Court Clarifies that Previously-Disclosed Material Cannot Constitute “New Evidence” in Successive Prohibition Applications

Date: Jul 9, 2025

Sutton v Director of Public Prosecutions & Ors [2025] IEHC 375: Clarifying the Non-Applicability of “Date of Knowledge” and Reinforcing the One-Proceeding Rule in Criminal Judicial Review...

“Will Not Be Issued” v. “Cannot Be Issued”: Singh v. Minister for Enterprise, Trade and Employment and the Proper Exercise of Ministerial Discretion under s.12(1)(i) of the Employment Permits Act 2006

Date: Jul 9, 2025

“Will Not Be Issued” v. “Cannot Be Issued” Singh v. Minister for Enterprise, Trade and Employment ([2025] IEHC 383) Introduction In Singh v. Minister for Enterprise, Trade and Employment the High...

“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964

Date: Jul 9, 2025

“Occupation Is Not a Shield”: Planetwhite Ltd v Hogan & Anor and the Limits of Section 72(1)(j) of the Registration of Title Act 1964 1. Introduction Planetwhite Ltd v Hogan & Anor ([2025] IEHC 378)...

Mars Capital v Kane & Anor – High Court Clarifies Business-Record Evidence and Parallel Proceedings in Mortgage Debt Litigation

Date: Jul 9, 2025

Mars Capital Finance Ireland DAC v Kane & Anor [2025] IEHC 379 High Court confirms: (1) business-record evidence under the 2020 Act is admissible through a transferee’s deponent, and (2) a lender may...

“Developers First in Line” – Court of Appeal Confirms Retrospective Reach of Remediation Contribution Orders and the “Public-Purse-as-Last-Resort” Principle under the Building Safety Act 2022

Date: Jul 9, 2025

“Developers First in Line” – Court of Appeal Confirms Retrospective Reach of Remediation Contribution Orders and the “Public-Purse-as-Last-Resort” Principle under the Building Safety Act 2022...

Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings – Comment on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC 381

Date: Jul 9, 2025

Independent Admissibility of Business Records and Deponent Credibility in Summary Possession Proceedings Commentary on EBS Mortgage Finance & Mars Capital Finance DAC v. Bedford (No.3) [2025] IEHC...

Finite, Not Fleeting: Court of Appeal Clarifies ‘Temporary’ Agency Work and Agency-Employer Status – Commentary on Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849

Date: Jul 9, 2025

Finite, Not Fleeting: Court of Appeal Clarifies ‘Temporary’ Agency Work and Agency-Employer Status Commentary on Lutz v Ryanair DAC & Anor [2025] EWCA Civ 849 1. Introduction The Court of Appeal’s...

Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point – The Post-Commencement Bar on Service Charges for Pre-Existing Building-Safety Legal Costs

Date: Jul 9, 2025

“No Service Charge Is Payable”: The Court of Appeal Confirms a Post-Commencement Bar on Passing Historic Building-Safety Legal Costs to Leaseholders (Adriatic Land 5 Ltd v Long Leaseholders at...

R v Miah [2025] EWCA Crim 1100: When remand, licence and post‑sentence supervision already satisfy punishment — Conditional discharge as the just disposal for a youth under s.8(4) Sentencing Act 2020

Date: Jul 9, 2025

R v Miah [2025] EWCA Crim 1100: When remand, licence and post‑sentence supervision already satisfy punishment — Conditional discharge as the just disposal for a youth under s.8(4) Sentencing Act 2020...

Humphreys v R: Clarifying the Evidential Threshold for Harm Category 1 in Dangerous-Driving Sentencing

Date: Jul 9, 2025

Humphreys v R: Clarifying the Evidential Threshold for Harm Category 1 in Dangerous-Driving Sentencing 1. Introduction Humphreys, R. v ([2025] EWCA Crim 997) presented the Court of Appeal (Criminal...

R v ACP [2025] EWCA Crim 1140: Court of Appeal Mandates an Express “Notional Adult Overall Sentence” Followed by Youth/Vulnerability Discount at the Totality Stage

Date: Jul 9, 2025

R v ACP [2025] EWCA Crim 1140: Court of Appeal Mandates an Express “Notional Adult Overall Sentence” Followed by Youth/Vulnerability Discount at the Totality Stage Introduction This commentary...