periodic-inspection Case Commentaries

When Unanimous Psychiatric Evidence Shows a Section 37/41 Regime Better Protects the Public, Sentencers Must Give Cogent, Evidence-Based Reasons to Prefer a Section 45A Hybrid Order

Date: Aug 26, 2026

When Unanimous Psychiatric Evidence Shows a Section 37/41 Regime Better Protects the Public, Sentencers Must Give Cogent, Evidence-Based Reasons to Prefer a Section 45A Hybrid Order Case: R v Coulson...

Foreseeability Is Not Breach in Highway-Design Negligence: A Structured Evaluative Assessment Is Required

Date: Aug 25, 2026

Foreseeability Is Not Breach in Highway-Design Negligence: A Structured Evaluative Assessment Is Required 1. Introduction Transport for London v Young & Anor [2026] EWCA Civ 1095 concerned two...

Deliberate “road rage” manoeuvres in dangerous driving: categorisation above guideline starting points and strong resistance to suspension

Date: Aug 22, 2026

Deliberate “road rage” manoeuvres in dangerous driving: categorisation above guideline starting points and strong resistance to suspension 1) Introduction R v Wood [2026] EWCA Crim 1177 (CA (Crim...

Drone-enabled Prison Contraband Conspiracies: Upper-end sentences for cannabis supply and near-maximum for phones/dongles, applying totality

Date: Aug 20, 2026

Drone-enabled Prison Contraband Conspiracies: Upper-end sentences for cannabis supply and near-maximum for phones/dongles, applying totality 1) Introduction In Dragovic, R. v [2026] EWCA Crim 1176...

RCS 63.6A Directions: Executors of a Lloyd’s “Name” May Distribute an Estate Without Retention Where Post‑1993 Liabilities Are Remote and Protected by RITC/Exeat/New Central Fund

Date: Aug 15, 2026

RCS 63.6A Directions: Executors of a Lloyd’s “Name” May Distribute an Estate Without Retention Where Post‑1993 Liabilities Are Remote and Protected by RITC/Exeat/New Central Fund 1. Introduction In...

Parole for Life Prisoners: Release Test Not Confined to “Life and Limb” Violence

Date: Aug 15, 2026

Parole for Life Prisoners: Release Test Not Confined to “Life and Limb” Violence 1. Introduction In Petition of Walter Thomson for Judicial Review of a decision of the Parole Board for Scotland dated...

Article 40 Habeas Corpus: Convicted Prisoners and Non‑Release Remedies Fall Outside the Inquiry Jurisdiction

Date: Aug 15, 2026

Article 40 Habeas Corpus: Convicted Prisoners and Non‑Release Remedies Fall Outside the Inquiry Jurisdiction 1. Introduction In Smyth v Governor Of Mountjoy Prison (Approved) [2026] IEHC 588, the...

NPF4 Renewable Energy Support Does Not Displace Geographically-Specific LDP “Countryside Around Towns” Policies: Policy 11’s Balance Is Proposal-Impact Focused, While Plan-Wide Balancing Sits Under Policy 1

Date: Aug 15, 2026

NPF4 Renewable Energy Support Does Not Displace Geographically-Specific LDP “Countryside Around Towns” Policies: Policy 11’s Balance Is Proposal-Impact Focused, While Plan-Wide Balancing Sits Under...

Interim GMC Orders: Post-Criminal Disposal Extensions Require Evidence-Based Risk and Proportionate, Focused Investigation

Date: Aug 15, 2026

Interim GMC Orders: Post-Criminal Disposal Extensions Require Evidence-Based Risk and Proportionate, Focused Investigation 1. Introduction In Petition of The General Medical Council for an order in...

R v Hossen [2026] EWCA Crim 1065 — Section 2(9) Terrorism Act 2006 defence: universally available, objectively assessed, and proved by the defendant

Date: Aug 14, 2026

Section 2(9) Terrorism Act 2006 defence: universally available, objectively assessed, and proved by the defendant Case: R v Hossen Neutral citation: [2026] EWCA Crim 1065 (CA (Crim Div), 7 August...

Case Management Pending a Supreme Court Jurisdiction Challenge: Extending CPR 11(7) Time While Requiring a Defence with Protective Undertakings and Cost Indemnity

Date: Aug 14, 2026

Case Management Pending a Supreme Court Jurisdiction Challenge: Extending CPR 11(7) Time While Requiring a Defence with Protective Undertakings and Cost Indemnity 1. Introduction Sucden Financial Ltd...

High Court: s.49 Permission-to-Remain Reviews Must Correctly Apprehend Employment, Treat 13 Years’ Residence as Requiring Genuine Proportionality Analysis, and Engage with “Common Good” Contributions

Date: Aug 14, 2026

High Court: s.49 Permission-to-Remain Reviews Must Correctly Apprehend Employment, Treat 13 Years’ Residence as Requiring Genuine Proportionality Analysis, and Engage with “Common Good” Contributions...

Exceptional Suspension of a Section 18 Sentence Where Immediate Custody Would Disproportionately Harm Children with Special Educational Needs

Date: Aug 14, 2026

Exceptional Suspension of a Section 18 Sentence Where Immediate Custody Would Disproportionately Harm Children with Special Educational Needs Introduction In R v Cahill [2026] EWCA Crim 1140, the...

Substitution (Not Remittal) Where an SLCC-Remitted Conduct Complaint Is “Totally Without Merit” and Procedural Fairness Is Breached

Date: Aug 14, 2026

Substitution (Not Remittal) Where an SLCC-Remitted Conduct Complaint Is “Totally Without Merit” and Procedural Fairness Is Breached 1. Introduction In Appeals by The Faculty of Advocates and XY...

No-Order Costs in Unsuccessful Public-Interest Judicial Review: Applying Little (No. 2) to Prison-Remission Litigation

Date: Aug 13, 2026

No-Order Costs in Unsuccessful Public-Interest Judicial Review: Applying Little (No. 2) to Prison-Remission Litigation 1) Introduction Kelleher v The Irish Prison Service and Ors (No. 3) (Costs)...

Part-Time Status Need Only Be an Effective Cause of Less Favourable Treatment

Date: Aug 13, 2026

Part-Time Status Need Only Be an Effective Cause of Less Favourable Treatment Case: Augustine v Data Cars Limited Citation: [2026] UKSC 30 Court: United Kingdom Supreme Court Date: 12 August 2026...

Strict expedition after registering a lis pendens and “special circumstances” limiting security for costs where an individual co-plaintiff remains on risk

Date: Aug 13, 2026

Strict expedition after registering a lis pendens and “special circumstances” limiting security for costs where an individual co-plaintiff remains on risk 1) Introduction In Kavanagh and Anor v...

Consent-to-judgment settlement clauses: summary judgment refused where implementation disputes (VAT allocation) raise a bona fide defence

Date: Aug 13, 2026

Consent-to-judgment settlement clauses: summary judgment refused where implementation disputes (VAT allocation) raise a bona fide defence 1) Introduction In Kavanagh and Anor v O'Neill and Anor...

Mixed WRC Proceedings: Private Industrial Relations Disputes Do Not Displace the Public Hearing Default for Statutory Complaints

Date: Aug 13, 2026

Mixed WRC Proceedings: Private Industrial Relations Disputes Do Not Displace the Public Hearing Default for Statutory Complaints—“Special Circumstances” Must Be Explained and Kept to What Is...

Permissible Judicial Intervention: Recalling a Defendant to Address a Live Evidential Inference Without Entering the Arena

Date: Aug 12, 2026

Permissible Judicial Intervention: Recalling a Defendant to Address a Live Evidential Inference Without Entering the Arena Case: R v Vaux Neutral citation: [2026] EWCA Crim 1129 Court: Court of...