periodic-inspection Case Commentaries

Commission and Diligence in Criminal Cases: Documents Must Be Material to a Stated Defence, Not a Speculative Challenge to Value

Date: May 3, 2025

Commission and Diligence in Criminal Cases: Documents Must Be Material to a Stated Defence, Not a Speculative Challenge to Value 1) Introduction In [2026] HCJAC 23, the Appeal Court of the High Court...

Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence

Date: May 3, 2025

Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence Introduction Bratt v Jones [2025] EWCA Civ 562 is a landmark decision of the England and Wales Court of Appeal that...

Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts

Date: May 3, 2025

Discretionary Lot Allocation Under the Light-Touch Regime: Permissible Limits and Equal Treatment in Multi-Lot Public Contracts 1. Introduction This commentary examines the judgment of the Scottish...

Ensuring Precision and Proportionality in Criminal Behaviour Orders: Al Magloub v. R [2025] EWCA Crim 640

Date: May 2, 2025

Ensuring Precision and Proportionality in Criminal Behaviour Orders: Al Magloub v. R [2025] EWCA Crim 640 Introduction This commentary examines the Court of Appeal’s decision in Al Magloub v. R,...

Establishing a FRAND Floor for Parallel Foreign Judgments: Optis v Apple

Date: May 2, 2025

Establishing a FRAND Floor for Parallel Foreign Judgments: Optis v Apple Introduction Optis Cellular Technology LLC, Optis Wireless Technology LLC and Unwired Planet International Ltd (“Optis”)...

“The Owen Extension”: When Persistent, High-Value Theft Justifies Departure from the Sentencing Guidelines

Date: May 2, 2025

“The Owen Extension”: When Persistent, High-Value Theft Justifies Departure from the Sentencing Guidelines Introduction Owen, R. v  ([2025] EWCA Crim 780) delivers a significant clarification on the...

Aggravated damages for abusive litigation conduct and no “backdoor” reopening of liability on assessment-only appeal: Commentary on AB v MW [No.1] [2025] IEHC 242

Date: May 2, 2025

Aggravated damages for abusive litigation conduct and no “backdoor” reopening of liability on assessment-only appeal Commentary on AB v MW [No.1] (Approved) [2025] IEHC 242, High Court of Ireland...

R v Farebrother ([2025] EWCA Crim 672): A New Emphasis on Pregnant Offenders’ Mitigation and the Threshold for Suspending Class-A Drug Sentences

Date: May 2, 2025

R v Farebrother ([2025] EWCA Crim 672): A New Emphasis on Pregnant Offenders’ Mitigation and the Threshold for Suspending Class-A Drug Sentences 1. Introduction R v Farebrother is a Court of Appeal...

Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders

Date: May 2, 2025

Effective Notice and Right to Challenge in Enforcement of UAE Payment Orders Introduction In Papel Payment Services Provider LLC v Monitox Ltd [2025] CSOH 41, the Outer House of the Scottish Court of...

Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions

Date: May 2, 2025

Clarifying Discretion for KOLL Exemptions under the British Nationality Act 1981: Distinguishing Test Failure from Underlying Medical Conditions Introduction In Petition of Shorshi Mohammadi for...

Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences

Date: May 2, 2025

Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences 1. Introduction R v Emmerson ([2025] EWCA Crim 756) is an Attorney-General’s Reference in...

R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion

Date: May 2, 2025

R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion 1. Introduction R v Mulhern ([2025] EWCA Crim 757) is a...

Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R

Date: May 1, 2025

Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R Introduction Gustavson & Ors v R ([2025] EWCA Crim 493) was decided by the England and Wales Court of Appeal (Criminal Division)...

Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department

Date: May 1, 2025

Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department Introduction EI v Secretary of State for the Home Department ([2025] EWCA Civ 556) is a...

Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims

Date: May 1, 2025

Kirby v Hotel Kilkenny: Burden on Occupier to Prove Reasonable Cleaning Protocols in Slip-and-Fall Claims 1. Introduction This commentary examines the High Court’s decision in Kirby v Hotel Kilkenny...

Interpretation of Defence Statements is a Question of Fact, Not Law – Commentary on Perry v R [2025] UKSC 17

Date: May 1, 2025

“From Law to Fact”: Supreme Court Confirms that Construing a Defence Statement Is Normally a Question of Fact – A Commentary on Perry v R ([2025] UKSC 17) 1. Introduction On 30 April 2025 the United...

Exception 1 of Section 117C(4): “Very Significant Obstacles to Integration” – Adequacy of Reasons for Deportation of EU Nationals to EU States

Date: May 1, 2025

Exception 1 of Section 117C(4): “Very Significant Obstacles to Integration” – Adequacy of Reasons for Deportation of EU Nationals to EU States Introduction This case, Ackom v Secretary of State for...

Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995

Date: Apr 30, 2025

Threshold for Fresh Evidence Appeals: Reasonable Explanation and Significance under Section 106(3) of the Criminal Procedure (Scotland) Act 1995 Introduction The case of Marshall v His Majesty’s...

Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board

Date: Apr 30, 2025

Rational and Proportionate Revocation of Civil Legal Aid Certificates: Prendergast v Legal Aid Board Introduction Prendergast v Legal Aid Board [2025] IEHC 257 is a High Court judicial review arising...

Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials

Date: Apr 30, 2025

Counsel’s Discretion and the Narrow Scope of Defective Representation Appeals in Sexual Offence Trials Introduction This commentary examines the Scottish High Court of Justiciary’s decision in...