periodic-inspection Case Commentaries

AI-Assisted Witness Coaching: Stay for Abuse Is Exceptional and Usually Curable by Trial Process

Date: Jun 5, 2026

AI-Assisted Witness Coaching: Stay for Abuse Is Exceptional and Usually Curable by Trial Process 1) Introduction In R. v FGD [2026] EWCA Crim 918, the Court of Appeal (Criminal Division) (Lady...

Sentencing for Rape: Youth/Immaturity Must Be Addressed as Mitigation and Explained in the Final Term

Date: Jun 5, 2026

Sentencing for Rape: Youth/Immaturity Must Be Addressed as Mitigation and Explained in the Final Term 1. Introduction In R v EMP [2026] EWCA Crim 750, the Court of Appeal (Criminal Division) reviewed...

“Significant Degree of Planning” Sets a High Threshold for Culpability A in Sexual Activity with a Child Sentencing

Date: Jun 5, 2026

“Significant Degree of Planning” Sets a High Threshold for Culpability A in Sexual Activity with a Child Sentencing 1) Introduction In R v James [2026] EWCA Crim 767, the Court of Appeal (Criminal...

Judicial Review Cannot Circumvent a Bespoke Statutory Appeal: Alternative Remedy and Order 53 Time Runs When Grounds First Arise

Date: Jun 4, 2026

Judicial Review Cannot Circumvent a Bespoke Statutory Appeal: Alternative Remedy and Order 53 Time Runs When Grounds First Arise 1. Introduction McAteer v Solicitors Disciplinary Tribunal for...

[2026] EWCA Civ 698 — Certainty Remains Essential for an Hourly-Rate Contentious Business Agreement

Date: Jun 4, 2026

Hourly-Rate Litigation Retainers Are Not Contentious Business Agreements Unless the Remuneration Is Sufficiently Certain Case: Broadfield Law UK LLP v Barnes Citation: [2026] EWCA Civ 698 (Court of...

Section 53 FOISA: Late Compliance with an Unappealed Decision Notice Can Justify Contempt-Equivalent Disposal

Date: Jun 4, 2026

Section 53 FOISA: Late Compliance with an Unappealed Decision Notice Can Justify Contempt-Equivalent Disposal Case: Petition of The Scottish Information Commissioner against the Scottish Ministers...

Abuse of Process (Second Limb): An Inconsistent Basis of Plea in Related Youth Court Proceedings Will Not Usually Bar Prosecution of Co-Defendants Where Public Confidence Favours Trial

Date: Jun 4, 2026

Abuse of Process (Second Limb): An Inconsistent Basis of Plea in Related Youth Court Proceedings Will Not Usually Bar Prosecution of Co-Defendants Where Public Confidence Favours Trial 1....

Article 46 GDPR Requires Demonstrable Transfer Compliance: Inadequate DTAs Can Ground Infringement Without a Supervisory Authority Re‑trying Third‑Country Law

Date: Jun 4, 2026

Article 46 GDPR Requires Demonstrable Transfer Compliance: Inadequate DTAs Can Ground Infringement Without a Supervisory Authority Re‑trying Third‑Country Law 1. Introduction In Tiktok Technology Ltd...

Sentencing Young Adult Class A Supply: Mandatory Consideration of Maturity, Mitigation, and Suspension (R v Berry [2026] EWCA Crim 747)

Date: Jun 4, 2026

Sentencing Young Adult Class A Supply: Mandatory Consideration of Maturity, Mitigation, and Suspension 1) Introduction In Rex v Jayden Berry [2026] EWCA Crim 747, the Court of Appeal (Criminal...

Out-of-time Service of a Notice of Appeal: No Waiver by Alternative Relief, and No Extension Where the Appeal Depends on New, Fact-sensitive, Contradictory Grounds

Date: Jun 4, 2026

Out-of-time Service of a Notice of Appeal: No Waiver by Alternative Relief, and No Extension Where the Appeal Depends on New, Fact-sensitive, Contradictory Grounds 1. Introduction In Kirkpatrick &...

Consumer Protection Act 1987: No inferred “defect” from seatbelt unfastening where regulatory scheme contemplates inadvertent release and claimant cannot prove the safety shortfall

Date: Jun 4, 2026

Consumer Protection Act 1987: No inferred “defect” from seatbelt unfastening where regulatory scheme contemplates inadvertent release and claimant cannot prove the safety shortfall 1. Introduction...

Section 274(1)(c) Bars “Custody-Dispute Motive” Questioning Without a Section 275 Application and an Evidential Basis

Date: Jun 4, 2026

Section 274(1)(c) Bars “Custody-Dispute Motive” Questioning Without a Section 275 Application and an Evidential Basis Case: Appeal against Conviction by KB against His Majesty's Advocate Court: High...

Local Authority Age Assessments Under Nationality and Borders Act 2022 s50: No Declarator of Age in Judicial Review; Brief Enquiry Can Be the Statutory Age Assessment

Date: Jun 3, 2026

Local Authority Age Assessments Under Nationality and Borders Act 2022 s50: No Declarator of Age in Judicial Review; Brief Enquiry Can Be the Statutory Age Assessment 1. Introduction Petition of Qan...

Loss of Time Directions in Northern Ireland Criminal Appeals: s.29(2) Power Confirmed and Future Use Flagged for Unmeritorious Appeals

Date: Jun 3, 2026

Loss of Time Directions in Northern Ireland Criminal Appeals: s.29(2) Power Confirmed and Future Use Flagged for Unmeritorious Appeals 1. Introduction The King v Bui [2026] NICA 26 is a decision of...

Article 5 Deprivation of Liberty Requires a Concrete, Multifactorial Assessment: Cheshire West Acid Test Overruled

Date: Jun 3, 2026

Article 5 Deprivation of Liberty Requires a Concrete, Multifactorial Assessment: Cheshire West Acid Test Overruled 1. Introduction In A Reference by the Attorney General for Northern Ireland of a...

Target duties under the Care Act 2014 are not “mandatory relevant considerations” for discretionary service-closure decisions unless the governing power requires it

Date: Jun 3, 2026

Target duties under the Care Act 2014 are not “mandatory relevant considerations” for discretionary service-closure decisions unless the governing power requires it Case: Gould, R (On the Application...

Non‑mechanistic application of Schedule 21 youth murder starting points and “ought to be obvious” culpability for child manslaughter offenders

Date: Jun 2, 2026

Non‑mechanistic application of Schedule 21 youth murder starting points and “ought to be obvious” culpability for child manslaughter offenders Case: VGT & Ors [2026] EWCA Crim 919 (CACD) Procedure:...

Solar Farms, Access Tracks and EIA: “Private Road” Arguments Rejected; Judicial Review Confined to Pleaded, Process-Engaged Points

Date: May 30, 2026

Solar Farms, Access Tracks and EIA: “Private Road” Arguments Rejected; Judicial Review Confined to Pleaded, Process-Engaged Points 1. Introduction Breen and Ors v An Coimisiun Pleanala and Anor...

Group Proceedings for Hernia Mesh Claims: “Similar or Related” Commonality and a Holistic Suitability Test at Permission Stage

Date: May 30, 2026

Group Proceedings for Hernia Mesh Claims: “Similar or Related” Commonality and a Holistic Suitability Test at Permission Stage 1. Introduction In Stuart McKenzie v Covidien LP [2026] CSOH 48 (Outer...

Allocated “Housing” in City Plan 2030 Means Mainstream Housing, Not PBSA: PBSA Treated as Commercial Development on Housing Allocations

Date: May 30, 2026

Allocated “Housing” in City Plan 2030 Means Mainstream Housing, Not PBSA: PBSA Treated as Commercial Development on Housing Allocations Court: Scottish Court of Session, Inner House (First Division)...