periodic-inspection Case Commentaries

Charging-Date Defects and Totality Uplifts in Indecent Images Sentencing: No Need to Amend Where Basis Is Agreed

Date: Jun 27, 2026

Charging-Date Defects and Totality Uplifts in Indecent Images Sentencing: No Need to Amend Where Basis Is Agreed 1. Introduction In Bornes, R. v [2026] EWCA Crim 808, the Court of Appeal (Criminal...

Collateral Attacks and Procedural Defects in Committal Appeals: Adequate Notice Defeats Unfairness

Date: Jun 27, 2026

Collateral Attacks and Procedural Defects in Committal Appeals: Adequate Notice Defeats Unfairness 1. Introduction Wood & Anor v Fleming [2026] EWCA Civ 780 is a Court of Appeal decision arising from...

No Vicarious Liability for Torts by an Independent Contractor’s Employees Absent a Hawley-Type Transfer of Control

Date: Jun 27, 2026

No Vicarious Liability for Torts by an Independent Contractor’s Employees Absent a Hawley-Type Transfer of Control Introduction In Burger v Risk Solutions BG Ltd & Anor [2026] EWCA Civ 804, the Court...

[2026] CSIH 32 — Group Proceedings: Authorisation Refusals Are Reclaimable Without Leave; Superiority/Efficiency Is a Discretionary, Early-Stage Assessment

Date: Jun 27, 2026

[2026] CSIH 32 — Group Proceedings: Authorisation Refusals Are Reclaimable Without Leave; Superiority/Efficiency Is a Discretionary, Early-Stage Assessment 1. Introduction In Michelle Donnelly...

Unsafe Legal Rights Payments by a Judicial Factor: Revaluation, “Circular” Company Loans, and Quinquennial Prescription of Beneficiary Claims

Date: Jun 27, 2026

Unsafe Legal Rights Payments by a Judicial Factor: Revaluation, “Circular” Company Loans, and Quinquennial Prescription of Beneficiary Claims Court: Outer House, Court of Session (Scottish Court of...

Leave to Appeal in Planning JR: Proposed Questions Must Properly Arise from Pleadings, Record and Findings (Friends of the Irish Environment v An Coimisiún Pleanála [No. 2])

Date: Jun 27, 2026

Leave to Appeal in Planning JR: Proposed Questions Must Properly Arise from Pleadings, the Administrative Record and the Trial Court’s Findings Case Friends of the Irish Environment v An Coimisiún...

Respite-Cost Vouching Not Required and Compensatory Payments for Missed Access in Section 37 Family Appeals

Date: Jun 27, 2026

Respite-Cost Vouching Not Required and Compensatory Payments for Missed Access in Section 37 Family Appeals Case: L.M. v N.O. (Circuit Court Appeal, ancillary orders, vouching) (Approved) Citation:...

[2026] EWCA Crim 928 — Communicourt Intermediary Reports Are Not “Expert” Proof of Cognitive Impairment for Fair-Trial Applications

Date: Jun 27, 2026

Communicourt Intermediary Reports Are Not “Expert” Proof of Cognitive Impairment for Fair-Trial Applications: R v Simmons [2026] EWCA Crim 928 1) Introduction In R v Simmons [2026] EWCA Crim 928, the...

Generic “Coercive Control” Expert Evidence and Irrelevant Third‑Party Records: Focus, Relevance, and Myth‑Directions in Murder Appeals

Date: Jun 27, 2026

Generic “Coercive Control” Expert Evidence and Irrelevant Third‑Party Records: Focus, Relevance, and Myth‑Directions in Murder Appeals 1. Introduction R v Rawle [2026] EWCA Crim 912 concerns a...

Immediate Custody for Sexual Communication with a Child: When Seriousness Justifies Refusing Suspension Despite Rehabilitation Prospects

Date: Jun 27, 2026

Immediate Custody for Sexual Communication with a Child: When Seriousness Justifies Refusing Suspension Despite Rehabilitation Prospects 1) Introduction In R v Farooq [2026] EWCA Crim 901, the...

Material Contravention on Appeal: No Implied “Exceptional Reasons” Test, and SEA Does Not Regulate Project-Level Departures from SEA-Assessed Plans

Date: Jun 27, 2026

Material Contravention on Appeal: No Implied “Exceptional Reasons” Test, and SEA Does Not Regulate Project-Level Departures from SEA-Assessed Plans Case: Kimmage Dublin Residents Alliance Company Ltd...

Development Plan Objectives Are Enabling, Not Prohibitory: Interpreting “Rural Enterprise” and “Dependent on Locality” under Objective EDO 54

Date: Jun 27, 2026

Development Plan Objectives Are Enabling, Not Prohibitory: Interpreting “Rural Enterprise” and “Dependent on Locality” under Objective EDO 54 Case: Rocket Pyrotechnics (Ireland) Ltd v An Coimisiun...

Section 160 PDA 2000: Performance Bonds, Detailed Method Statements, and Conditional Surrender of Possession as Tools of Mandatory Remediation

Date: Jun 27, 2026

Section 160 PDA 2000: Performance Bonds, Detailed Method Statements, and Conditional Surrender of Possession as Tools of Mandatory Remediation 1) Introduction This decision of the High Court...

Brief Neck Compression in Assault by Penetration: Category 2B Harm and Dangerousness Justifying an Extended Sentence

Date: Jun 27, 2026

Brief Neck Compression in Assault by Penetration: Category 2B Harm and Dangerousness Justifying an Extended Sentence 1. Introduction In R v Smith [2026] EWCA Crim 915, the Court of Appeal (Criminal...

Interrogatories in s.56 Family Reunification Delay Challenges: “Security checks” must be concretised where relied upon to justify prolonged delay

Date: Jun 27, 2026

Interrogatories in s.56 Family Reunification Delay Challenges: “Security checks” must be concretised where relied upon to justify prolonged delay Case: S.M. v The Minister For Justice, Home Affairs...

Standard “Remand Counts” Remarks Do Not Disapply s 240ZA CJA 2003 Where Custody Also Relates to Recall/Other Matters

Date: Jun 27, 2026

Standard “Remand Counts” Remarks Do Not Disapply s 240ZA CJA 2003 Where Custody Also Relates to Recall/Other Matters 1) Introduction In R v Worrell [2026] EWCA Crim 893, the Court of Appeal (Criminal...

[2026] EWCA Crim 880 — Youth-to-Adult Sentencing for Rape: Proper Use of Adult Guidelines and the “Half to Two-Thirds” Approach

Date: Jun 26, 2026

Youth-to-Adult Sentencing for Rape: Proper Use of Adult Guidelines and the “Half to Two-Thirds” Approach Introduction In R v Khalaf [2026] EWCA Crim 880, the England and Wales Court of Appeal...

Sentencing Guidelines: Harm Categories Must Follow Listed Factors; Psychological Harm Treated as Aggravation (and Victim Surcharge Time-Limit)

Date: Jun 26, 2026

Sentencing Guidelines: Harm Categories Must Follow Listed Factors; Psychological Harm Treated as Aggravation (and Victim Surcharge Time-Limit) 1. Introduction In R v AGY [2026] EWCA Crim 882 (CA...

Using Adult Sentencing Guidelines as a Benchmark for Child Offenders in Grave Violence, with a Discretionary Youth Reduction

Date: Jun 26, 2026

Using Adult Sentencing Guidelines as a Benchmark for Child Offenders in Grave Violence, with a Discretionary Youth Reduction 1) Introduction In Jhangha & Anor, R. v [2026] EWCA Crim 897, the Court of...

R v Tamoev [2026] EWCA Crim 896 — Double Counting and Uplifts from Guideline Starting Points in Serious Injury by Careless Driving

Date: Jun 26, 2026

Double Counting and Uplifts from Guideline Starting Points in Serious Injury by Careless Driving Case: R v Tamoev [2026] EWCA Crim 896 (CA (Crim Div)) Date: 25 June 2026 Court: England and Wales...