periodic-inspection Case Commentaries

Mandatory Life Sentences for Dangerous Child-Rape Offenders (Sentencing Act 2020 s.285): The “Seriousness” Gateway and Appellate Control of Minimum Terms

Date: Mar 12, 2026

Mandatory Life Sentences for Dangerous Child-Rape Offenders (Sentencing Act 2020 s.285): The “Seriousness” Gateway and Appellate Control of Minimum Terms Case: R. v Morris & Anor Neutral citation:...

Pre‑Proof Dismissal for “Fundamental Dishonesty” in Scotland: Only Where Dishonesty Makes a Fair Proof Impossible (and the Motion May Be Refused In Hoc Statu)

Date: Mar 11, 2026

Pre‑Proof Dismissal for “Fundamental Dishonesty” in Scotland: Only Where Dishonesty Makes a Fair Proof Impossible (and the Motion May Be Refused In Hoc Statu) 1) Introduction Scott McSeveney v Aviva...

Objective Evaluation Required for Relocation Fears in s.117C(6) Deportation Appeals

Date: Mar 11, 2026

Objective Evaluation Required for Relocation Fears in s.117C(6) Deportation Appeals: Subjective Fear is Relevant but Not Determinative Case: Secretary of State for the Home Department v AB (Rev1)...

Security of Tenure for Showpeople’s Yards: Mobile Homes Act 1983 Applies to Council Leases of Ground and Survives Tenant Sequestration

Date: Mar 11, 2026

Security of Tenure for Showpeople’s Yards: Mobile Homes Act 1983 Applies to Council Leases of Ground and Survives Tenant Sequestration 1) Introduction In Glasgow City Council against James J R...

Section 289 TCPA Appeals to the Court of Appeal Are Governed by the CPR 52.6 (First-Appeal) Permission Test

Date: Mar 11, 2026

Section 289 TCPA Appeals to the Court of Appeal Are Governed by the CPR 52.6 (First-Appeal) Permission Test Case: Dharmeshkumar v Secretary of State for Housing, Communities and Local Government &...

Denial is Not an Automatic Bar to Rehabilitation, but Article 5 Does Not Require Denier-Specific Courses Where Unsuitability is a Professional Risk/Responsivity Judgment

Date: Mar 11, 2026

Denial is Not an Automatic Bar to Rehabilitation, but Article 5 Does Not Require Denier-Specific Courses Where Unsuitability is a Professional Risk/Responsivity Judgment 1. Introduction Case:...

Article 5 ECHR and OLR Prisoners: Assessment Alone Is Not a “Real Opportunity” for Rehabilitation

Date: Mar 11, 2026

Article 5 ECHR and OLR Prisoners: Assessment Alone Is Not a “Real Opportunity” for Rehabilitation Court: Scottish Court of Session (Outer House), Lord Colbeck Citation: [2026] CSOH 21 Date: 6 March...

Post‑contract Conduct Admissible to Prove Terms of Oral Contract (Not to Interpret It) — BPL Contracts (Scotland) Ltd v Beattie FRC Ltd [2026] CSOH 22

Date: Mar 11, 2026

Post‑contract Conduct Admissible to Prove Terms of Oral Contract (Not to Interpret It): Profit‑Share Oral Subcontracts, “Overheads”, and the Factual Substratum for Expert Quantum Evidence 1....

Aksahin v London Borough of Enfield [2026] EWCA Civ 231 — Effective Service Bars “No Knowledge” Defences to Persons-Unknown Street-Cruising Injunctions (and Passengers Can “Participate”)

Date: Mar 11, 2026

Effective Service Bars “No Knowledge” Defences to Persons-Unknown Street-Cruising Injunctions (and Passengers Can “Participate”) 1. Introduction Aksahin v London Borough of Enfield [2026] EWCA Civ...

Appellate Restraint in Non-Accidental Injury Perpetrator Findings: Credibility, Propensity Evidence, and “Pool” Analysis — A, B & C (Children: Perpetrator Finding) [2026] EWCA Civ 219

Date: Mar 11, 2026

Appellate Restraint in Non-Accidental Injury Perpetrator Findings: Credibility, Propensity Evidence, and “Pool” Analysis Case: A, B & C (Children: Perpetrator Finding) [2026] EWCA Civ 219 Court:...

Three-Strikes Dwelling Burglary: Indictable-Only Jurisdictional Nullity and Divisional Court “Reset”

Date: Mar 11, 2026

Three-Strikes Dwelling Burglary: Indictable-Only Jurisdictional Nullity and Divisional Court “Reset” Introduction In Latty, R. v [2026] EWCA Crim 538 (CA (Crim Div), 10 March 2026), the Court of...

Objective Conflict of Interest Bars Family Co‑Decision-Maker Appointment; Court May Seek DSS Nominations for a DMR Under s.38(7)(a)

Date: Mar 11, 2026

Objective Conflict of Interest Bars Family Co‑Decision-Maker Appointment; Court May Seek DSS Nominations for a DMR Under s.38(7)(a) 1. Introduction This ex tempore ruling of the High Court (Wards of...

Renewed Sentence Appeals: OPC Omissions, Limited Mitigation for Delay/Ill-Health, and Robust Loss of Time Orders

Date: Mar 11, 2026

Renewed Sentence Appeals: OPC Omissions, Limited Mitigation for Delay/Ill-Health, and Robust Loss of Time Orders Case: Basra, R. v [2026] EWCA Crim 613 Court: England and Wales Court of Appeal...

Material Non-Disclosure of Parallel Foreign Proceedings as a Ground to Set Aside Service Out of the Jurisdiction

Date: Mar 10, 2026

Material Non-Disclosure of Parallel Foreign Proceedings as a Ground to Set Aside Service Out of the Jurisdiction 1. Introduction Libyan Blue Bird For Air Transport Co LLC v Executive Authority For...

Pre-s.15C Naturalisation Refusals: Duty to Give Intelligible Reasons and to Consider Exceptional Circumstances in “Continuous Residence”

Date: Mar 10, 2026

Pre-s.15C Naturalisation Refusals: Duty to Give Intelligible Reasons and to Consider Exceptional Circumstances in “Continuous Residence” Case: Ozkaya v The Minister For Justice (Approved) Citation:...

Academic EHCP Appeals: No Appellate Determination Where No Practical Relief and No Jurisdiction for Hypothetical Declarations

Date: Mar 7, 2026

Academic EHCP Appeals: No Appellate Determination Where No Practical Relief and No Jurisdiction for Hypothetical Declarations 1) Introduction London Borough of Hillingdon v AP & Anor ([2026] EWCA Civ...

Denial of Index Offence Does Not Itself Defeat “Real Opportunity for Rehabilitation” Under Article 5: Suitability-Based Access to SCP and No Duty to Create Innocence-Specific Courses

Date: Mar 7, 2026

Denial of Index Offence Does Not Itself Defeat “Real Opportunity for Rehabilitation” Under Article 5: Suitability-Based Access to SCP and No Duty to Create Innocence-Specific Courses 1. Introduction...

Kay v Martineau Johnson (a firm) [2026] EWCA Civ 224 — Constructive Knowledge Under s.14A Limitation Act 1980: The Proviso, Independent Advice, and the Limited Role of Impecuniosity

Date: Mar 7, 2026

Kay v Martineau Johnson (a firm) [2026] EWCA Civ 224 — Constructive Knowledge Under s.14A Limitation Act 1980: The Proviso, Independent Advice, and the Limited Role of Impecuniosity Court: England...

Res gestae admission of prisoners’ spontaneous denials to prison officers; no automatic need for s 49C(2) “reasonable excuse” directions on a bare evidential footing

Date: Mar 7, 2026

Res gestae admission of prisoners’ spontaneous denials to prison officers; no automatic need for s 49C(2) “reasonable excuse” directions on a bare evidential footing 1) Introduction This is an appeal...

Screening Decisions Unlawful Where Landscape “Magnitude” is Narrowly Calculated and Identified Priority Species Risks Are Not Properly Informed or Reasoned

Date: Mar 7, 2026

Screening Decisions Unlawful Where Landscape “Magnitude” is Narrowly Calculated and Identified Priority Species Risks Are Not Properly Informed or Reasoned Court: Scottish Court of Session (Outer...