periodic-inspection Case Commentaries

Refusing a Stay Against Digital Services Act Complaint-Information Referrals: Okunade Weighting Applies Undiluted Despite Novel/Systemic Challenges

Date: Mar 5, 2026

Refusing a Stay Against Digital Services Act Complaint-Information Referrals: Okunade Weighting Applies Undiluted Despite Novel/Systemic Challenges 1) Introduction This judgment of Ferriter J...

Johnston, R. v — Sentencing Limits: No “Production” Basis Where Creation Pre-dated Criminalisation and Conviction Is for Possession

Date: Mar 5, 2026

Sentencing Limits: No “Production” Basis Where Creation Pre-dated Criminalisation and Conviction Is for Possession 1) Introduction R v Johnston ([2026] EWCA Crim 341) concerned an application for...

Contempt in the Face of the Court: Custodial Sanctions, No DPP Referral Without Trial Findings, and Remote-Attendance Controls for Persistent Disruption

Date: Mar 5, 2026

Contempt in the Face of the Court: Custodial Sanctions, No DPP Referral Without Trial Findings, and Remote-Attendance Controls for Persistent Disruption Case: Burke v O'Longain and Ors [No. 2]...

Section 28 “Statutory Occupation” Cannot Be Ended by Self‑Help Re‑Entry: Termination Requires a Court Order (Exceptional Circumstances)

Date: Mar 5, 2026

Section 28 “Statutory Occupation” Cannot Be Ended by Self‑Help Re‑Entry: Termination Requires a Court Order (Exceptional Circumstances) Case: Verbenagrove Ltd v Evans and Anor (Approved) [2026] IEHC...

R v Mallinson & Brown [2026] EWCA Crim 358 — Requirement to Address Suspension Factors Where Custodial Term Is Two Years or Less

Date: Mar 5, 2026

R v Mallinson & Brown [2026] EWCA Crim 358 — Requirement to Address Suspension Factors Where Custodial Term Is Two Years or Less (and When Serious Breach of Trust Still Demands Immediate Custody) 1....

Section 49(7) Permission-to-Remain Reviews: A Brief “Best Interests” Conclusion Can Suffice Where Submissions Are Limited and Family Unity Is Preserved

Date: Mar 5, 2026

Section 49(7) Permission-to-Remain Reviews: A Brief “Best Interests” Conclusion Can Suffice Where Submissions Are Limited and Family Unity Is Preserved 1) Introduction In AAG-A and Anor v The...

Adequacy of Reasons in International Protection Appeals: The DVTS “Conflicting COI” Duty Arises Only Where COI is Genuinely in Conflict

Date: Mar 4, 2026

Adequacy of Reasons in International Protection Appeals: The D.V.T.S. “Conflicting COI” Duty Arises Only Where COI is Genuinely in Conflict 1) Introduction E.S. (Albania) v The International...

R v EGC [2026] EWCA Crim 342 — Mandatory doli incapax direction where the alleged offence may pre-date 30 September 1998

Date: Mar 4, 2026

R v EGC [2026] EWCA Crim 342 — Mandatory doli incapax direction where the alleged offence may pre-date 30 September 1998 1. Introduction This application for leave to appeal (referred by the...

Totality on Attorney-General References: Overall Sentence Controls the “Unduly Lenient” Assessment Even Where One Component Is Heavily Discounted

Date: Mar 4, 2026

Totality on Attorney-General References: Overall Sentence Controls the “Unduly Lenient” Assessment Even Where One Component Is Heavily Discounted Case: Mohammed & Anor, R. v [2026] EWCA Crim 389...

Suspension and Recalibration of Custodial Sentences for Police-Targeted Violence: “Empty” Threats to Kill as Category 3B and Discretionary Tag Credit

Date: Mar 4, 2026

Suspension and Recalibration of Custodial Sentences for Police-Targeted Violence: “Empty” Threats to Kill as Category 3B and Discretionary Tag Credit 1. Introduction R v Minter ([2026] EWCA Crim 359)...

Deception-Obtained Leave Is Not “Lawful Residence” for Section 117C(4)(a) Exception 1

Date: Mar 2, 2026

Deception-Obtained Leave Is Not “Lawful Residence” for Section 117C(4)(a) Exception 1 1. Introduction Bokqiu v Secretary of State for the Home Department concerns the meaning of “lawfully resident in...

Fresh Evidence on Appeal: Credibility, Materiality, and “Perfunctory” Diligence Under s.23 Criminal Appeal Act 1968

Date: Mar 2, 2026

Fresh Evidence on Appeal: Credibility, Materiality, and “Perfunctory” Diligence Under s.23 Criminal Appeal Act 1968 1. Introduction Ghaffar v R ([2026] EWCA Crim 194) concerns an application by Rasib...

Objective Justification for VAT on Private School Fees: No Convention Right to a Low-Cost Faith-School Exemption

Date: Mar 2, 2026

Objective Justification for VAT on Private School Fees: No Convention Right to a Low-Cost Faith-School Exemption 1. Introduction BYL & Anor, R (On the Application Of) v Chancellor of the Exchequer...

“Inside Job” Commercial Robberies: When Significant Planning Requires the Professionally Planned Robbery Guideline (and Why the Court of Appeal Will Rarely Re-categorise)

Date: Feb 28, 2026

“Inside Job” Commercial Robberies: When Significant Planning Requires the Professionally Planned Robbery Guideline (and Why the Court of Appeal Will Rarely Re-categorise) 1. Introduction Hussain &...

Adjournment for Absent Prosecuting Counsel: Balancing CrimPR 1.1 with Public Interest, Prior Listing History, and CPS Accountability

Date: Feb 28, 2026

Adjournment for Absent Prosecuting Counsel: Balancing CrimPR 1.1 with Public Interest, Prior Listing History, and CPS Accountability 1) Introduction OEM & Anor, R. v ([2026] EWCA Crim 411) is a...

“Continue Indefinitely” Means “Not Perpetual”: Indefinite-Duration Commercial Licences Are Terminable on Reasonable Notice

Date: Feb 28, 2026

“Continue Indefinitely” Means “Not Perpetual”: Indefinite-Duration Commercial Licences Are Terminable on Reasonable Notice 1) Introduction Zaha Hadid Ltd v The Zaha Hadid Foundation [2026] EWCA Civ...

Credibility in International Protection: “Full Picture” COI Analysis and Meaningful Assessment of Summonses Before Rejecting Documentary Reliability

Date: Feb 28, 2026

Credibility in International Protection: “Full Picture” COI Analysis and Meaningful Assessment of Summonses Before Rejecting Documentary Reliability Case: T [Algeria] v The International Protection...

Test-Passing Water Meters as Exclusive Proof of Volume Under Regulation 8: No Collateral Challenge by “Defect” Evidence

Date: Feb 27, 2026

Test-Passing Water Meters as Exclusive Proof of Volume Under Regulation 8: No Collateral Challenge by “Defect” Evidence 1. Introduction B & D Clays & Chemicals Ltd v Castle Water Ltd concerned a...

Stephan v Amazon.com Inc & Ors [2026] EWCA Civ 183 — Commentary

Date: Feb 27, 2026

No “Default Deferral” of Litigation Funder Return Scrutiny at CPO Certification: CAT’s Supervisory Control and a “Realistic Prospect” Threshold for Intra-Class Conflict 1. Introduction Stephan v...

Duffy v Birmingham City Council: A Defective (Uncertified) Indemnity Certificate Does Not Invalidate a Bill of Costs or Detailed Assessment Commencement

Date: Feb 27, 2026

Duffy v Birmingham City Council: A Defective (Uncertified) Indemnity Certificate Does Not Invalidate a Bill of Costs or Detailed Assessment Commencement Introduction Duffy v Birmingham City Council...