Statutory Maximum Caps the Pre‑Plea “Notional” Sentence Even Where a Lead Offence Is Used to Achieve Totality 1. Introduction In Santos, R. v [2026] EWCA Crim 676, the Court of Appeal (Criminal...
Guilty Plea Credit Must Be Applied Even Where the Judge Adjusts for Time Already Served on Related Offending Case: R v Hall Neutral citation: [2026] EWCA Crim 636 Court: England and Wales Court of...
Affray Sentencing: Culpability A/Category 1 Harm May Still Warrant Suspension Where Rehabilitation Prospects and Impact on Others Justify It Case: R v Toon Citation: [2026] EWCA Crim 622 Court: Court...
Section 21A Proportionality Is Confined to “Accusation” EAWs: Article 8 and Section 25 Thresholds in Sentence-Enforcement Extradition Court: Appeal Court, High Court of Justiciary (Scotland) Neutral...
Refusing Long Extensions of Time Where No Arguable Appeal Ground Is Shown (CACD) Case: Rex v Izzet Kirmizigil [2026] EWCA Crim 638 Court: England and Wales Court of Appeal (Criminal Division) Date: 6...
Permission to appeal in heavy TCC litigation: “failure to engage” does not dilute appellate restraint on findings of fact and foreign law Case Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor...
Alternative Sites in National Landscape Cases: an Unconsidered Specific Option Is Not Material Where the Committee Granted Permission Knowing Other Alternatives May Exist Case: Hilltop Experiences...
Prosecution Purpose Must Be Clearly Established for EU‑Iceland Norway Agreement Surrender (and Can Be Cured by Section 20 Clarifications) 1. Introduction In Minister For Justice, Home Affairs and...
Mortgagee’s Summary Possession of Unregistered Land: Alleged Unlawful Receiver Entry and “Acquiesced” Occupation Do Not Amount to an Arguable Defence High Court of Ireland, Kenny and Ors v Fennell...
Prescription after the 2018 Act: “Awareness” still does not require knowledge of a defect, and remedial works are not an acknowledgement of a damages obligation Court: Outer House, Court of Session |...
HMRC Can Be “Crammed Down” Under Part 26A and the “No Worse Off” Test Focuses on the Creditor’s Rights Against the Plan Company Introduction Petition of Waldorf CNS (I) LTD for sanction of a...
Bankruptcy Litigation Control: Exclusive Standing of the Official Assignee and the “Extremely Compelling Reasons” Threshold for Annulment 1. Introduction Danske Bank A/S v Coyne and Anor (Approved)...
Costs Adjudication Reviews: “Error + Unjust” Threshold, Non-Formulaic Reasons, and Comparators as Residual Sense-Check Case: BC [A Minor] v Health Service Executive (Approved) [2026] IEHC 283 Court:...
Cancellation of a Registered Charge Under Land Registry Rule 101 Requires the Registered Owner’s Concurrence (and Any Fair-Procedures Complaint May Be Neutralised by a De Novo Statutory Appeal) Case:...
Extensions of Time to Appeal: “Operative Mistake” and Arguable Grounds Required Where a Registered Purchaser’s Title Is Protected by Statutory Mortgagee-Sale Provisions Case: Regan v Heffernan...
Interlocutory Mandatory Injunctions and “Keep Open” Clauses: No Compulsion to Trade at a Loss Absent Exceptional Circumstances 1) Introduction In Tesco Ireland Ltd v Multi-Home Retail Ltd [Trading as...
Mandatory Section 325 Sentencing Act 2020 Credit Declarations for Qualifying Curfew on Activation of Suspended Sentences (and Neutralising “Double Recovery” on Appeal) 1. Introduction In [2026] EWCA...
Subsequent Protection Applications (s. 22 IPA 2015): New Evidence Must Meaningfully Shift Prior Credibility and Risk Findings Case: Y.D. v The International Protection Appeals Tribunal and Ors...
Restraining Orders on Acquittal: Necessity, Future Risk, and Proper CrimPR Procedure (Not a Bargaining Chip) Case: Auguste, R. v Citation: [2026] EWCA Crim 710 (CACD) Date: 1 May 2026 Judges: Holgate...
Nominal-rent lettings and Scotland’s 2023 NDR anti-avoidance rules: comparator evidence can satisfy “significantly below open market rent” without precise valuation Court: Scottish Court of Session,...