periodic-inspection Case Commentaries

Commercial Receiver-Sale Injunctions: Even Where a Receiver’s Contractual Power of Sale Is Arguably Absent, Damages and the “Least Risk of Injustice” May Defeat Interlocutory Relief

Date: Apr 10, 2026

Commercial Receiver-Sale Injunctions: Even Where a Receiver’s Contractual Power of Sale Is Arguably Absent, Damages and the “Least Risk of Injustice” May Defeat Interlocutory Relief 1) Introduction...

Article 21 Hague Access in Scotland: Welfare-Based Recasting of a Foreign Contact Regime, Limits on Open-Ended “Extra Days”, and Resident-Parent Passport Retention

Date: Apr 9, 2026

Article 21 Hague Access in Scotland: Welfare-Based Recasting of a Foreign Contact Regime, Limits on Open-Ended “Extra Days”, and Resident-Parent Passport Retention 1. Introduction GNO (Petitioner) v...

Early Learning & Childcare Agreements as “Public Contracts” Only on Uptake, but Procurement Time Limits Run from Sufficient Knowledge (Not Disclosure of Contract Terms)

Date: Apr 9, 2026

Early Learning & Childcare Agreements as “Public Contracts” Only on Uptake, but Procurement Time Limits Run from Sufficient Knowledge (Not Disclosure of Contract Terms) Case: St Margarets Nursery LTD...

Reid v MCM Building & Civil Engineering Construction Ltd: Apportionment in Mesothelioma by “Fibre/ml-Years” Where Exposure Intensity Differs

Date: Apr 4, 2026

Reid v MCM Building & Civil Engineering Construction Ltd: Apportionment in Mesothelioma by “Fibre/ml-Years” Where Exposure Intensity Differs 1. Introduction John Reid sued two former employers—MCM...

Jones & Anor v R: No “Masih” Jury Direction Requirement and No Probative Weight in Absence of Police Intelligence

Date: Apr 4, 2026

Jones & Anor v R: No “Masih” Jury Direction Requirement and No Probative Weight in Absence of Police Intelligence 1. Introduction Jones & Anor v R concerned two appellants, Jordan Jones (driver) and...

British Citizens Returning to Scotland for Safety Are Not “Excepted Students” Comparable to Refugees for Home-Fee Eligibility

Date: Apr 4, 2026

British Citizens Returning to Scotland for Safety Are Not “Excepted Students” Comparable to Refugees for Home-Fee Eligibility 1. Introduction Leo Bruce Huisman against University of the Highlands and...

Section 6(4) Induced Error Requires Proof of Actual Reliance; Silence Unknown to the Creditor Cannot Suspend Prescription

Date: Apr 4, 2026

Section 6(4) Induced Error Requires Proof of Actual Reliance; Silence Unknown to the Creditor Cannot Suspend Prescription 1. Introduction Greater Glasgow Health Board (“GGHB”) reclaimed (appealed) a...

Foreign-property litigation can bar later Scottish damages claims where the same alleged agreement is the “foundation” of both cases (res judicata by substance, not remedy)

Date: Apr 4, 2026

Foreign-property litigation can bar later Scottish damages claims where the same alleged agreement is the “foundation” of both cases (res judicata by substance, not remedy) 1) Introduction Case:...

Metcalf v R [2026] EWCA Crim 412 — Solicitor Presence and Admissibility of Vulnerable-Suspect Interviews; Limits on Psychiatric Fresh Evidence

Date: Apr 3, 2026

Metcalf v R [2026] EWCA Crim 412 — Solicitor Presence and Admissibility of Vulnerable-Suspect Interviews; Limits on Psychiatric Fresh Evidence Court: England and Wales Court of Appeal (Criminal...

Van Buuren v Cambridgeshire Constabulary & Ors [2026] EWCA Civ 391 — Commentary

Date: Apr 3, 2026

Triable-Issue Threshold in Police Misfeasance Claims: Alleged Falsification and Failure to Seek Witness Evidence Makes Summary Judgment Inappropriate 1. Introduction Van Buuren v Cambridgeshire...

DFB, R. v [2026] EWCA Crim 399 — Procedural Fairness and CrimPR 31 Compliance for s.5A Restraining Orders on Acquittal

Date: Apr 3, 2026

Restraining Orders on Acquittal Must Comply with CrimPR 31 Evidence/Hearsay Notice Requirements (and Procedural Unfairness Will Quash the Order) 1) Introduction DFB, R. v [2026] EWCA Crim 399 is a...

Section 8(3) Disability Act 2005: NCSE Must Retain Case-by-Case Nomination Discretion; HSE Bears the Non‑Delegable “Gold Standard” Assessment Duty

Date: Apr 3, 2026

Section 8(3) Disability Act 2005: NCSE Must Retain Case-by-Case Nomination Discretion; HSE Bears the Non‑Delegable “Gold Standard” Assessment Duty 1) Introduction This combined judgment of the High...

Singh v Bains & Anor: Appellate Deference on Findings of Fact and the “Compelling Evidence” Threshold Despite Misplaced Reliance on Burden-of-Proof Last-Resort Principles

Date: Apr 3, 2026

Singh v Bains & Anor: Appellate Deference on Findings of Fact and the “Compelling Evidence” Threshold Despite Misplaced Reliance on Burden-of-Proof Last-Resort Principles 1. Introduction Singh v...

Merits-Style Complaints Against Judges Are Inadmissible Under s.53(3) Judicial Council Act 2019: No Right to an Oral Hearing or to Minutes of CRC Deliberations at Admissibility Stage

Date: Apr 3, 2026

Merits-Style Complaints Against Judges Are Inadmissible Under s.53(3) Judicial Council Act 2019: No Right to an Oral Hearing or to Minutes of CRC Deliberations at Admissibility Stage 1. Introduction...

Competition Damages: No “Err on the Side of Under-Compensation” When Using the Broad Axe (and Appellate Correction Where It Is Applied)

Date: Apr 3, 2026

Competition Damages: No “Err on the Side of Under-Compensation” When Using the Broad Axe (and Appellate Correction Where It Is Applied) 1. Introduction Granville Technology Group Ltd & Ors v LG...

Battery Needs No “Hostile Intent”: School Restraint and Seclusion Judged by Statutory Reasonableness (s.93 Education and Inspections Act 2006)

Date: Apr 3, 2026

Battery Needs No “Hostile Intent”: School Restraint and Seclusion Judged by Statutory Reasonableness (s.93 Education and Inspections Act 2006) 1) Introduction FXS (Through His Father And Litigation...

Appeal “Brought” on Delivery of Appellant’s Notice Despite Non‑Payment of Fee: Eskander v GMC

Date: Apr 3, 2026

Appeal “Brought” on Delivery of Appellant’s Notice Despite Non‑Payment of Fee (External Statutory Appeals) Case: Eskander v General Medical Council Citation: [2026] EWCA Civ 372 Court: England and...

Legal Title Holder May Enforce Securitised Mortgages; Delay and Acquiescence Defeat Interlocutory Sale Injunction

Date: Apr 3, 2026

Legal Title Holder May Enforce Securitised Mortgages; Delay and Acquiescence Defeat Interlocutory Sale Injunction 1) Introduction O'Callaghan v Pepper Finance Corporation (Ireland) Designated...

Currie v Soho Theatre Company Ltd [2026] EWCA Civ 400 — Commentary

Date: Apr 3, 2026

Imputed Motive in Defamation: “Antisemitic” May Imply “Because They Were Jewish” Yet Remain Opinion in Meaning 1) Introduction Currie v Soho Theatre Company Ltd [2026] EWCA Civ 400 is a Court of...

Delegation of “Conduct of Litigation” Tasks: “Carry On” Requires Responsibility, Not Mere Performance

Date: Apr 3, 2026

Delegation of “Conduct of Litigation” Tasks: “Carry On” Requires Responsibility, Not Mere Performance Case: Chartered Institute of Legal Executive (CILEX) & Ors v Mazur & Ors Citation: [2026] EWCA...