periodic-inspection Case Commentaries

Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies

Date: Mar 8, 2025

Revisiting Group Conspiracy Sentencing: Clarifying Culpability and Mitigation in Conspiracies Introduction The Judgment in Okunola, R. v ([2025] EWCA Crim 350) presents a significant development in...

Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365)

Date: Mar 8, 2025

Clarifying the Continuing Nature of Kidnap by Deception and the Independence of Verdicts ([2025] EWCA Crim 365) Introduction Yellambai & Ors, R v [2025] EWCA Crim 365 is an appeal brought by three...

Coley v R [2025] EWCA Crim 418 – The “Coley Escalation Principle”: When Multiple Category-2 Harm Factors Justify Elevation to Category-1 in Rape Sentencing

Date: Mar 8, 2025

Coley v R [2025] EWCA Crim 418 – The “Coley Escalation Principle”: Elevating a Rape Offence to Category 1 Where Several Category 2 Harm Factors Co-exist Introduction Coley v R concerns the appeal of...

R v Stuttle [2025] EWCA Crim 256: Undisclosed Items Found Within Exhibits During Jury Deliberations as “New Evidence” Rendering Convictions Unsafe

Date: Mar 8, 2025

R v Stuttle [2025] EWCA Crim 256: Undisclosed Items Found Within Exhibits During Jury Deliberations as “New Evidence” Rendering Convictions Unsafe 1. Introduction The decision in R v Stuttle [2025]...

Strict Limits on Costs for Unsuccessful Public-Interest Appellants in Statutory-Interpretation Appeals

Date: Mar 8, 2025

Strict Limits on Costs for Unsuccessful Public-Interest Appellants in Statutory-Interpretation Appeals 1. Introduction This ruling concerns costs following the Supreme Court’s substantive judgment in...

Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases

Date: Mar 8, 2025

Establishing the Standard for “Settlement” and Valid Consent in International Child Abduction Cases Introduction The judgment in Z v S (Approved) ([2025] IEHC 136) delivered by Mr. Justice Barry...

Standards for Renewal of Leave to Appeal and Extension of Time in Sexual Offences Appeals: Clarification under Begbie, R v [2025] EWCA Crim 289

Date: Mar 8, 2025

Standards for Renewal of Leave to Appeal and Extension of Time in Sexual Offences Appeals: Clarification under Begbie, R v [2025] EWCA Crim 289 Introduction R v Begbie ([2025] EWCA Crim 289) comes...

“A Category Apart” – R v Hussain [2025] EWCA Crim 419 and the Rule that Prison-Drug Supply Warrants Consecutive Sentencing

Date: Mar 8, 2025

“A Category Apart” – R v Hussain [2025] EWCA Crim 419 and the Rule that Prison-Drug Supply Warrants Consecutive Sentencing 1. Introduction The Court of Appeal (Criminal Division) in Hussain...

Establishing Continuous Dependency and the Essential Nature of Education in Extended Family Member Cases: Tipu v Secretary of State for the Home Department

Date: Mar 7, 2025

Establishing Continuous Dependency and the Essential Nature of Education in Extended Family Member Cases Introduction The case of Tipu v Secretary of State for the Home Department ([2025] EWCA Civ...

New Precedent on FRAND Licensing Jurisdiction for 5G SEPs in the Avanci Platform

Date: Mar 7, 2025

New Precedent on FRAND Licensing Jurisdiction for 5G SEPs in the Avanci Platform Introduction This commentary examines the decision rendered in the case of Tesla Inc & Anor v IDAC Holdings Inc & Ors...

Balancing Expediency and Uncertainty: New Precedents on Permanent Placement Orders in Child Care Proceedings

Date: Mar 7, 2025

Balancing Expediency and Uncertainty: New Precedents on Permanent Placement Orders in Child Care Proceedings Introduction The case of M (A Child) (Placement Order) ([2025] EWCA Civ 214) before the...

R v Gholami: Court of Appeal Re-affirms Trial Judges’ Discretion on Hearsay and Clarifies the “Wholly” Direction for Bad-Character Evidence

Date: Mar 7, 2025

R v Gholami: Court of Appeal Re-affirms Trial Judges’ Discretion on Hearsay and Clarifies the “Wholly” Direction for Bad-Character Evidence 1. Introduction The decision in Gholami, R. v ([2025] EWCA...

“Sun Clarification”: Judicial Latitude in Expanding Self-Defence Directions to Juries

Date: Mar 7, 2025

“Sun Clarification”: Judicial Latitude in Expanding Self-Defence Directions to Juries 1. Introduction Case: R v Sun ([2025] EWCA Crim 422) Court: Court of Appeal (Criminal Division) Judgment date: 6...

R v Baja ([2025] EWCA Crim 967): Judicial Autonomy, Mental Disorder & the Proper Use of Hospital Orders

Date: Mar 7, 2025

R v Baja ([2025] EWCA Crim 967): Judicial Autonomy, Mental Disorder & the Proper Use of Hospital Orders 1. Introduction R v Baja concerned His Majesty’s Solicitor General’s reference of an ostensibly...

Balancing Mitigation and Aggravation: New Precedents in Sentencing for Domestic Violence and Wounding with Intent

Date: Mar 7, 2025

Balancing Mitigation and Aggravation: New Precedents in Sentencing for Domestic Violence and Wounding with Intent Introduction The case of Gomez, R. v ([2025] EWCA Crim 342) before the England and...

The Separation of Present Representations and Future Warranties in Insurance Contracts: A New Precedent under the Insurance Act 2015

Date: Mar 6, 2025

The Separation of Present Representations and Future Warranties in Insurance Contracts: A New Precedent under the Insurance Act 2015 Introduction The judgment in Lonham Group Ltd v Scotbeef Ltd &...

Clarifying the Proportionality Standard and Timeliness in Subsidy Control: British Gas Trading Ltd & Ors v Secretary of State for Energy Security and Net Zero

Date: Mar 6, 2025

Clarifying the Proportionality Standard and Timeliness in Subsidy Control: British Gas Trading Ltd & Ors v Secretary of State for Energy Security and Net Zero Introduction The judgment in British Gas...

Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity

Date: Mar 6, 2025

Preservation of Life Over Autonomy: Establishing Inherent Jurisdiction in Cases of Impaired Capacity Introduction The case of The Governor of a Prison v A ([2025] IEHC 147) addresses a highly...

Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne

Date: Mar 6, 2025

Exclusive Jurisdiction in Trust Administration: Establishing Boundaries in Dunne v Dunne Introduction This commentary examines the High Court of Ireland’s judgment in Dunne [A Bankrupt] & Ors v Dunne...

Establishing a Modular Trial Framework in Complex Medical Negligence Litigation

Date: Mar 6, 2025

Establishing a Modular Trial Framework in Complex Medical Negligence Litigation Introduction The case of Thompson [A Minor] v Health Service Executive (Approved) ([2025] IEHC 156) represents a...