periodic-inspection Case Commentaries

Historic Sexual Offending Committed as a Child: Sentencing Must Reflect Youthful Culpability Despite Adult Conviction (Applying R v Ahmed and Others)

Date: Apr 30, 2026

Historic Sexual Offending Committed as a Child: Sentencing Must Reflect Youthful Culpability Despite Adult Conviction (Applying R v Ahmed and Others) Introduction In R v Christie [2026] EWCA Crim...

Totality in Domestic Abuse: Lead Sentence Must Reflect Distinct Offending Against Children and Partners

Date: Apr 30, 2026

Totality in Domestic Abuse: Lead Sentence Must Reflect Distinct Offending Against Children and Partners 1) Introduction In R v Jennings [2026] EWCA Crim 644, the Court of Appeal (Criminal Division)...

European Arrest Warrant: “Interrupted” Sentence Enforcement Remains Enforceable; Abuse of Process Must Undermine the Irish Surrender Inquiry

Date: Apr 30, 2026

European Arrest Warrant: “Interrupted” Sentence Enforcement Remains Enforceable; Abuse of Process Must Undermine the Irish Surrender Inquiry Case: Minister For Justice, Home Affairs and Migration v...

R v Brown [2026] EWCA Crim 596 — Driving Disqualification Must Be Calculated by Reference to Time to Release (Not the Extended Sentence Term)

Date: Apr 30, 2026

Driving Disqualification Must Be Calculated by Reference to Time to Release (Not the Extended Sentence Term): R v Brown [2026] EWCA Crim 596 1) Introduction In Brown, R. v [2026] EWCA Crim 596, the...

Retaining an English Domicile of Choice After Relocation: Subjective Intention, “Permanent or Indefinite” Residence, and Part III MFPA 1984 as a Powerful Anti-Stay Factor

Date: Apr 30, 2026

Retaining an English Domicile of Choice After Relocation: Subjective Intention, “Permanent or Indefinite” Residence, and Part III MFPA 1984 as a Powerful Anti-Stay Factor Case: Ferrara v Ferrara...

Threshold for Leaving Self-Defence to the Jury: No Direction Where the Evidential Basis Would Invite Speculation

Date: Apr 30, 2026

Threshold for Leaving Self-Defence to the Jury: No Direction Where the Evidential Basis Would Invite Speculation Case: R v Hussain [2026] EWCA Crim 699 Court: England and Wales Court of Appeal...

Self-Defence Directions in “Knife-Fight” Cases and When Omission of an Express Manslaughter Mens Rea Direction Will Not Render a Conviction Unsafe

Date: Apr 30, 2026

Self-Defence Directions in “Knife-Fight” Cases and When Omission of an Express Manslaughter Mens Rea Direction Will Not Render a Conviction Unsafe 1) Introduction In Hedges, R. v [2026] EWCA Crim...

Accrual of the s.45 Limitation Period for Specific Devises: “Right to Receive” Does Not Arise on Death

Date: Apr 30, 2026

Accrual of the s.45 Limitation Period for Specific Devises: “Right to Receive” Does Not Arise on Death Case: Doyle v Doyle and Anor (Approved) [2026] IEHC 285 (High Court, Stack J, 29 April 2026)...

Business Email Compromise Losses: Fraudsters as the Effective Cause Where a Confidentiality Clause Does Not Assume Responsibility for Payment Fraud

Date: Apr 30, 2026

Business Email Compromise Losses: Fraudsters as the Effective Cause Where a Confidentiality Clause Does Not Assume Responsibility for Payment Fraud 1) Introduction Logix Aero Ireland Ltd v Siam Aero...

Totality for Repeat Drug-Line Dealing: Separate “Tranches” Must Be Reflected by Uplift or Consecutivity

Date: Apr 30, 2026

Totality for Repeat Drug-Line Dealing: Separate “Tranches” Must Be Reflected by Uplift or Consecutivity 1) Introduction In Hamid, R. v [2026] EWCA Crim 651, the Court of Appeal (Criminal Division)...

Section 106 “Intends to Occupy” Test and Contextual Validity of Payless Notices under the 1996 Act

Date: Apr 30, 2026

Section 106 “Intends to Occupy” Test and Contextual Validity of Payless Notices under the 1996 Act 1. Introduction RBH Building Contractors Ltd v James & Anor [2026] EWCA Civ 511 is a Court of Appeal...

Naturalisation refusals: “absolute discretion” wording does not vitiate a decision where the accompanying submission makes clear refusal is for failure to meet the good-character condition; no obligation to specify when convictions will cease to matter

Date: Apr 30, 2026

Naturalisation refusals: “absolute discretion” wording does not vitiate a decision where the accompanying submission makes clear refusal is for failure to meet the good-character condition; no...

Recoverability of Probable Loss of Means-Tested Disability Allowance Triggered by a Damages Award

Date: Apr 30, 2026

Recoverability of Probable Loss of Means-Tested Disability Allowance Triggered by a Damages Award Case: Duggan v Logan and Anor (Approved) [2026] IEHC 266 Court: High Court of Ireland Judge: Quinn J....

Section 58(9) Asset Transfers: Data-Protection Liabilities “in respect of” a Mortgage Account Move with the Account

Date: Apr 29, 2026

Section 58(9) Asset Transfers: Data-Protection Liabilities “in respect of” a Mortgage Account Move with the Account Case: O'Toole v EBS Designated Activity Company and Anor (Approved) [2026] IEHC 247...

Section 5 “Causer/Allower” Liability: the Act Itself Can Supply the “Significant Risk”, and the Crown Need Not Prove Which Alternative Applies

Date: Apr 29, 2026

Section 5 “Causer/Allower” Liability: the Act Itself Can Supply the “Significant Risk”, and the Crown Need Not Prove Which Alternative Applies 1) Introduction In R. v SGQ [2026] EWCA Crim 649, the...

Conway v O'Connell [2026] IEHC 260 — Negligence in Driving Through Pedestrian Crowds and Heightened Pedestrian Care When Walking on the Road

Date: Apr 29, 2026

Negligence in Driving Through Pedestrian Crowds While Towing a Trailer, and Heightened Pedestrian Care When Walking on the Road 1) Introduction In Conway v O'Connell [2026] IEHC 260, the High Court...

Proving the Competent Authority’s “Sufficient Expertise” in EIA: Evidential Burden, Pleading Discipline, and the Limits of Candour

Date: Apr 29, 2026

Proving the Competent Authority’s “Sufficient Expertise” in EIA: Evidential Burden, Pleading Discipline, and the Limits of Candour 1) Introduction In Rogers v An Coimisiun Pleanala and Anor...

Article 8 and Concurrent Family Proceedings: No Automatic Right to Remain Pending Child-Arrangements Litigation

Date: Apr 29, 2026

Article 8 and Concurrent Family Proceedings: No Automatic Right to Remain Pending Child-Arrangements Litigation Case: Ahmed v The Secretary of State for the Home Department Citation: [2026] EWCA Civ...

Severe Punishment Parts for Premeditated Knife Murder by a 21-Year-Old: Individualised “Young People” Assessment and Limited Value of Cross-Case Comparisons

Date: Apr 29, 2026

Severe Punishment Parts for Premeditated Knife Murder by a 21-Year-Old: Individualised “Young People” Assessment and Limited Value of Cross-Case Comparisons Court: High Court of Justiciary (Appeal...

Misrepresentation Claims Against a Main Contract Do Not Defeat a Separately Valid Arbitration Clause (Model Law Arts 8 & 16)

Date: Apr 29, 2026

Misrepresentation Claims Against a Main Contract Do Not Defeat a Separately Valid Arbitration Clause (Model Law Arts 8 & 16) Introduction In O'Callaghan v O'Callaghan and Ors (Approved) [2026] IEHC...