periodic-inspection Case Commentaries

Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules

Date: May 24, 2025

Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules Introduction This case, Secretary of State for Health and Social Care & Ors v Lundbeck Ltd &...

Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R

Date: May 24, 2025

Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R Introduction De Zoysa v R ([2025] EWCA Crim 668) is a landmark Court...

“May Not” Is Not Enough: Burden of Disproving Self‑Defence for Secondary Parties and the Decisive Role of Route‑to‑Verdict Directions — Cunningham & Ors v R [2025] EWCA Crim 662

Date: May 24, 2025

“May Not” Is Not Enough: Burden of Disproving Self‑Defence for Secondary Parties and the Decisive Role of Route‑to‑Verdict Directions — Cunningham & Ors v R [2025] EWCA Crim 662 Note on reporting...

Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29

Date: May 24, 2025

Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29 1. Introduction R v Beckett [2025] NICA 29 concerns a reference brought by the Director of...

“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence

Date: May 24, 2025

“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence 1. Introduction R v Humphreys ([2025] EWCA Crim 743) is the latest...

Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS)

Date: May 24, 2025

Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS) Introduction Mustaj v Secretary of State for the Home Department ([2025] EWCA Civ 663) is a Court of Appeal decision...

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified

Date: May 24, 2025

Upholding Ministerial Discretion under Article 17(1) Dublin III Regulation: Rationality Threshold for Judicial Review Clarified Introduction This commentary examines the High Court’s decision in...

De Novo Review and Oral-Hearing Discretion in International Protection Appeals: M.M.S. v IPAT [2025] IEHC 294

Date: May 24, 2025

De Novo Review and Oral-Hearing Discretion in International Protection Appeals Introduction M.M.S. v International Protection Appeals Tribunal & Ors [2025] IEHC 294 is a High Court judgment of Mr...

Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the HRA

Date: May 24, 2025

Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the Human Rights Act 1998 Introduction This commentary examines the Court of Appeal decision in Tortoise...

Limitation on Credit for Post-Sentence Bail under Qualifying Curfew Conditions – Layden v R [2025] EWCA Crim 659

Date: May 24, 2025

Limitation on Credit for Post-Sentence Bail under Qualifying Curfew Conditions Introduction Layden v R [2025] EWCA Crim 659 is a decision of the England and Wales Court of Appeal (Criminal Division)...

Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766

Date: May 24, 2025

Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766 Introduction Payne v R is a Court of Appeal (Criminal Division) decision that...

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act

Date: May 24, 2025

Clarifying Evidence of “Intent to Sell” for Valid Termination under Section 34(a)(3) of the Residential Tenancies Act Introduction In Pszonka v Residential Tenancies Board (Approved) [2025] IEHC 291,...

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289

Date: May 23, 2025

Jurisdictional Primacy of Tax Appeals in Debt Collection and Delay Excusability: Howley v S & Ors [2025] IEHC 289 1. Introduction In the High Court judgment of Howley v S & Ors ([2025] IEHC 289), Mr...

Rationality and Proportionality in Certificate of Travel Decisions: KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675)

Date: May 23, 2025

Rationality and Proportionality in Certificate of Travel Decisions: KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675) Introduction KH, R (On the Application Of) v Secretary of State for the...

No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018

Date: May 23, 2025

No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018 1. Introduction AY, a child with additional learning needs (“ALN”), challenged the Vale of Glamorgan County...

Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723

Date: May 23, 2025

Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723 1. Introduction The Court of Appeal...

Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences

Date: May 23, 2025

Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences Introduction The judgment in Hudson, R. v ([2025] EWCA Crim...

First‑Opportunity Plea Credit Applies to an Upgraded Charge: ADHD‑Reduced Culpability and the Limits of the Unduly Lenient Jurisdiction in R v Ibbotson [2025] EWCA Crim 1221

Date: May 23, 2025

First‑Opportunity Plea Credit Applies to an Upgraded Charge: ADHD‑Reduced Culpability and the Limits of the Unduly Lenient Jurisdiction in R v Ibbotson [2025] EWCA Crim 1221 Introduction This...

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces

Date: May 23, 2025

The Habitable Room Principle: Limiting Rent-Pressure Zone Exemptions to Compliant Living Spaces Introduction Doran v Residential Tenancies Board [2025] IEHC 290 is a High Court decision delivered by...

Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions

Date: May 23, 2025

Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions Introduction Bunyan (Valuation Officer) v Fridays Ltd ([2025] EWCA Civ 666) is an appeal concerning the scope of...