periodic-inspection Case Commentaries

TUPE Regulation 4(2)(a) Does Not Transfer an Employer’s Vicarious Liability to Third Parties

Date: Sep 9, 2026

TUPE Regulation 4(2)(a) Does Not Transfer an Employer’s Vicarious Liability to Third Parties Case: ABC v Huntercombe (No.12) Ltd & Ors Citation: [2026] EWCA Civ 1161 Court: Court of Appeal (Civil...

Security-Only Arrest Proceedings Do Not Stop the Hague-Visby Time Bar; Partial Deck Cargo Exclusion Requires Specific Identification Where Items Differ in Value

Date: Sep 9, 2026

Security-Only Arrest Proceedings Do Not Stop the Hague-Visby Time Bar; Partial Deck Cargo Exclusion Requires Specific Identification Where Items Differ in Value 1) Introduction In Batavia Eximp &...

Strangulation as an Inherently Grave Assault: Severe Sentencing, No Consent Defence, and Robust Use of Non-Harassment Orders

Date: Sep 4, 2026

Strangulation as an Inherently Grave Assault: Severe Sentencing, No Consent Defence, and Robust Use of Non-Harassment Orders Court: High Court of Justiciary (Appeal Court), Scotland Citation: [2026]...

Tailored Extensions of Time in Undefended Divorce Appeals: “Proper Provision” as a Counterweight to Non‑Engagement

Date: Sep 3, 2026

Tailored Extensions of Time in Undefended Divorce Appeals: “Proper Provision” as a Counterweight to Non‑Engagement Case: C.E.F. v G.H. (non-engagement, undefended hearing, Circuit Court Appeal)...

Section 1 Prevention of Crime Act 1953: “Instant arming” during an assault is not “having with him” an offensive weapon

Date: Sep 3, 2026

Section 1 Prevention of Crime Act 1953: “Instant arming” during an assault is not “having with him” an offensive weapon Case: Kalinga v R Neutral citation: [2026] EWCA Crim 1135 Court: England and...

Limits on Fresh-Evidence Appeals in Joint-Enterprise Murder: Intermediaries, ADHD Evidence, and Diminished Responsibility Where the Defendant Denies the Killing Role

Date: Sep 3, 2026

Limits on Fresh-Evidence Appeals in Joint-Enterprise Murder: Intermediaries, ADHD Evidence, and Diminished Responsibility Where the Defendant Denies the Killing Role Case: Richardson v R Citation:...

Suspended Sentences After Sentencing Act 2026: Extended Power to 3 Years Does Not Dilute the “Wrong in Principle / Manifestly Excessive” Test

Date: Sep 3, 2026

Suspended Sentences After Sentencing Act 2026: Extended Power to 3 Years Does Not Dilute the “Wrong in Principle / Manifestly Excessive” Test 1) Introduction In R v Davis & Anor [2026] EWCA Crim...

Failure to Serve a Notice of Invitation to Participate Does Not Defeat an Otherwise Valid Right-to-Manage Claim

Date: Aug 29, 2026

Failure to Serve a Notice of Invitation to Participate Does Not Defeat an Otherwise Valid Right-to-Manage Claim Case: Avon Freeholds Limited v Cresta Court E RTM Company Limited Citation: [2026] UKSC...

Pleading and Appellate Limits on GDPR “Least Restrictive Alternative” (Pseudonymisation) Claims in Litigation Disclosure

Date: Aug 28, 2026

Pleading and Appellate Limits on GDPR “Least Restrictive Alternative” (Pseudonymisation) Claims in Litigation Disclosure Case: Kul & Ors v DWF Law LLP Citation: [2026] EWCA Civ 1130 (Court of Appeal...

Eviction from Unauthorised Traveller Encampments: UNCRC 2024 Compatibility and Article 8 Proportionality Do Not Require “Culturally Appropriate” Alternative Accommodation Before Decree

Date: Aug 28, 2026

Eviction from Unauthorised Traveller Encampments: UNCRC 2024 Compatibility and Article 8 Proportionality Do Not Require “Culturally Appropriate” Alternative Accommodation Before Decree Court: Outer...

Enforcement of Adjudicators’ Awards: “Time at Large” as a Consequence of Rejecting a Party’s Case Does Not, Without More, Breach Natural Justice

Date: Aug 27, 2026

Enforcement of Adjudicators’ Awards: “Time at Large” as a Consequence of Rejecting a Party’s Case Does Not, Without More, Breach Natural Justice 1. Introduction In Entexol Ltd v Sked Construction Ltd...

Section 11A TCEA 2007: “Procedural Defect” Means Process Unfairness, Not Alleged Error of Law, and Requires a Genuinely Disputable Gateway Case

Date: Aug 27, 2026

Section 11A TCEA 2007: “Procedural Defect” Means Process Unfairness, Not Alleged Error of Law, and Requires a Genuinely Disputable Gateway Case Court: Outer House, Court of Session Judge: Lady...

Informal Non‑Goodyear Sentencing Indications Can Create a Legitimate Expectation Requiring Appellate Remedy

Date: Aug 27, 2026

Informal Non‑Goodyear Sentencing Indications Can Create a Legitimate Expectation Requiring Appellate Remedy 1) Introduction This Court of Appeal (Criminal Division) decision, Haslam, R. v [2026] EWCA...

Section 94 “Clearly Unfounded” Certification: Past Trafficking Alone Does Not Prevent Certification Without Specific Evidence of Future Risk or Protection Failures

Date: Aug 27, 2026

Section 94 “Clearly Unfounded” Certification: Past Trafficking Alone Does Not Prevent Certification Without Specific Evidence of Future Risk or Protection Failures Case: MB, R (On the Application Of)...

Parens patriae in Scotland: Court of Session may authorise urgent treatment despite parental refusal, but not routine immunisation

Date: Aug 27, 2026

Parens patriae in Scotland: Court of Session may authorise urgent treatment despite parental refusal, but not routine immunisation Court: Scottish Court of Session (Outer House) | Judge: Lord Braid |...

Refusal to Reassess Age: Minimal Reasons Suffice Absent New, Objectively Verifiable Evidence

Date: Aug 26, 2026

Refusal to Reassess Age: Minimal Reasons Suffice Absent New, Objectively Verifiable Evidence 1. Introduction In Thuyen Van Nguyen for Judicial Review ([2026] CSOH 78), the Outer House of the Court of...

Section 37 CPIA 1996: No Early Publication of an Appeal Judgment While Related Trials Remain Pending, but Controlled Professional Sharing Permitted

Date: Aug 26, 2026

Section 37 CPIA 1996: No Early Publication of an Appeal Judgment While Related Trials Remain Pending, but Controlled Professional Sharing Permitted 1) Introduction This decision of the England and...

Asset-stripping to connected companies when insolvency is “bordering” triggers creditor-duty breach and director unfitness under CDDA 1986 s6

Date: Aug 26, 2026

Asset-stripping to connected companies when insolvency is “bordering” triggers creditor-duty breach and director unfitness under CDDA 1986 s6 Court: Scottish Court of Session, Outer House Judge: Lord...

Judicial Review to Prevent Unfair Standards Commission Hearings and Limits on Excluding Relevant Evidence

Date: Aug 26, 2026

Judicial Review to Prevent Unfair Standards Commission Hearings and Limits on Excluding Relevant Evidence Introduction In Petition of Fiona Higgins for Judicial Review of decisions of the Standards...

Unlawful IPP for a Non‑“Serious Offence”: 20‑Year Extension of Time and Substitution with a Section 227 Extended Sentence

Date: Aug 26, 2026

Unlawful IPP for a Non‑“Serious Offence”: 20‑Year Extension of Time and Substitution with a Section 227 Extended Sentence 1. Introduction In Haycock v R [2026] EWCA Crim 1105, the Court of Appeal...