periodic-inspection Case Commentaries

Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour

Date: Feb 27, 2025

Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour Introduction The Judgment in Nesfield, R. v ([2025] EWCA Crim 233) presents a...

Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements

Date: Feb 27, 2025

Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements Introduction The case of Plymouth Community Homes Ltd v Crisplane Ltd ([2025] EWCA Civ 346) addresses a...

Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers

Date: Feb 26, 2025

Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers Introduction The Judgment in Revenue and Customs v The Applicants in the Post...

Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition

Date: Feb 26, 2025

Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition Introduction The case of Castellucci, R (On the Application Of) v Gender Recognition...

Boyd v Public Prosecution Service for Northern Ireland: Article 158A Allows “Variation by Addition” of the Sentencing Package, But Only Where Reopening is Prompt and in the Interests of Justice

Date: Feb 26, 2025

Boyd v Public Prosecution Service for Northern Ireland: Article 158A Allows “Variation by Addition” of the Sentencing Package, But Only Where Reopening is Prompt and in the Interests of Justice 1....

Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases

Date: Feb 26, 2025

Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases Introduction This commentary reviews the judgment of Mohamed, R. v ([2025] EWCA Crim 235) delivered by the England...

New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences

Date: Feb 26, 2025

New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences Introduction The judgment in BVQ, R. v ([2025] EWCA Crim 270), delivered by the England and Wales Court of...

New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences

Date: Feb 25, 2025

New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences Introduction The case of McGinley, R. v ([2025] NICA 11) before the Court of Appeal in Northern...

Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland

Date: Feb 25, 2025

Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland Introduction The case of Haughey, R. v ([2025] NICA 10) marks a significant development in...

Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases

Date: Feb 25, 2025

Establishing Temporal Limits on Corroborative Evidence of Distress in Sexual Offence Cases Introduction The Judgment in the case of Appeal against Conviction by Peter McGuiness against HMA ([2025]...

Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law

Date: Feb 25, 2025

Express Assumption of Liabilities in Business Conversions: A Landmark Clarification on Novation under Scots Law Introduction The case of Andrew Marr International Limited against Mackinnons...

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Date: Feb 24, 2025

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989 Introduction This commentary examines the Court of Appeal’s decision in M (Care Order: Risk: Family...

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Date: Feb 24, 2025

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments Introduction In Liberty Mutual Insurance Europe SE & Ors v Bath Racecourse Company Ltd &...

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Date: Feb 24, 2025

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation Introduction This commentary examines the Court of Appeal decision in Clarke v Guardian News &...

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate

Date: Feb 22, 2025

Effective Exercise of Break Clauses in Commercial Leases: The Landlord’s Duty to Cooperate Introduction This commentary offers an in-depth analysis of a comprehensive judgment concerning the exercise...

Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child

Date: Feb 22, 2025

Establishing the Grave Risk Defence in International Child Abduction: Balancing Domestic Violence, Rape Allegations, and the Best Interests of the Child 1. Introduction The Judgment in M.C.A. v...

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Date: Feb 22, 2025

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing Introduction The judgment in Boltaev, R. v ([2025] EWCA Crim 207) represents a significant development in the...

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Date: Feb 22, 2025

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C Introduction The case of Tudor, R. v ([2025] EWCA Crim 225) presents a...

Judicial Restraint After a Remedial Order: No “Levelling Up” Beyond Parliament’s Chosen Retrospective Date for Bereavement Benefits

Date: Feb 22, 2025

Judicial Restraint After a Remedial Order: No “Levelling Up” Beyond Parliament’s Chosen Retrospective Date for Bereavement Benefits 1. Introduction AD & Anor v Department for Communities [2025] NICA...

Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases

Date: Feb 22, 2025

Extradition under TCAWs: Establishing a New Standard of Good Faith in UK Surrender Cases Introduction The Judgment in Minister for Justice v Curtin (Approved) ([2025] IEHC 145) delivered by Mr....