periodic-inspection Case Commentaries

Lahoora, R. v — PTSD Expert Evidence in Self-Defence Must Be Tethered to the Live Issues and the Defendant’s Account

Date: Jan 31, 2026

PTSD Expert Evidence in Self-Defence Must Be Tethered to the Live Issues and the Defendant’s Account: R v Lahoora [2026] EWCA Crim 150 1. Introduction R v Lahoora concerned a renewed attempt to rely...

Extreme Section 18 Assaults on Infants: Sentences May Properly Exceed the Fegan Range (with Reasons) and Totality Must Be Made Transparent

Date: Jan 31, 2026

Extreme Section 18 Assaults on Infants: Sentences May Properly Exceed the R v Darren Fegan [2018] NICA 2 Range (with Reasons) and Totality Must Be Made Transparent Case: Fulton & Anor, R. v Neutral...

R v Mullen: Youth and Delay Do Not Justify Totality Reductions Below the Guideline Range for Multiple Category 2B Rapes

Date: Jan 31, 2026

Youth and Delay Do Not Justify Totality Reductions Below the Guideline Range for Multiple Category 2B Rapes (Unduly Lenient Sentence Reference) Introduction R v Mullen ([2026] EWCA Crim 133) is a...

Time for Appeal Runs from the UT Determination Where the UT Refuses an Extension: Late Permission Only on Strict Costs Conditions

Date: Jan 31, 2026

Time for Appeal Runs from the UT Determination Where the UT Refuses an Extension: Late Permission Only on Strict Costs Conditions 1) Introduction Hakim-Hashemi v Secretary of State for the Home...

Neurodiversity (ADHD), Intermediary Measures, and the “Unsafe Conviction” Test: No Appeal Without Demonstrable Trial Unfairness

Date: Jan 31, 2026

Neurodiversity (ADHD), Intermediary Measures, and the “Unsafe Conviction” Test: No Appeal Without Demonstrable Trial Unfairness Case: Ahmad, R. v | Citation: [2026] EWCA Crim 156 | Court: Court of...

Wysokinski v OCS Security Ltd: Procedural Irregularity Will Not Defeat an Inevitable Transfer of a Part 53 Claim to the County Court

Date: Jan 30, 2026

Procedural Irregularity Will Not Defeat an Inevitable Transfer of a Part 53 Claim to the County Court (CPR 53.4 / CPR 3.3) 1. Introduction Wysokinski v OCS Security Ltd [2026] EWCA Civ 26 is a Court...

Positive Acts of “Grooming” and Introduction to Adult Venues May Bring Subsequent Third‑Party Sexual Abuse Within the Scope of Duty (Relevancy at Debate)

Date: Jan 30, 2026

Positive Acts of “Grooming” and Introduction to Adult Venues May Bring Subsequent Third‑Party Sexual Abuse Within the Scope of Duty (Relevancy at Debate) Case: JWE v LGBT Youth Scotland (Court of...

DBAK v The Governors of the Fettes Trust: Patrimonial Loss for Childhood Sexual Abuse Requires Proof of a But‑For Career Path, Not Aspirational Reconstruction

Date: Jan 30, 2026

DBAK v The Governors of the Fettes Trust: Patrimonial Loss for Childhood Sexual Abuse Requires Proof of a But‑For Career Path, Not Aspirational Reconstruction Court: Scottish Court of Session (Outer...

Section 22(4) 1973 Act: Jury Trial Bar Applies Only Where the Pursuer Relies on Section 17(2)(b) or 18(2)(b) (Not Merely Because the Deceased Would Have Needed Section 17(2)(b))

Date: Jan 30, 2026

Section 22(4) 1973 Act: Jury Trial Bar Applies Only Where the Pursuer Relies on Section 17(2)(b) or 18(2)(b) (Not Merely Because the Deceased Would Have Needed Section 17(2)(b)) 1) Introduction...

Molnar/Vargova: Withdrawal Agreement Article 20(2) disapplies CRD proportionality for post‑transition offending; “stage 1” automatic deportation notice is a residence-rights restriction

Date: Jan 30, 2026

Withdrawal Agreement Article 20(2) disapplies CRD proportionality for post‑transition offending; “stage 1” automatic deportation notice is a residence-rights restriction 1. Introduction Molnar v...

Navid, R. v [2026] EWCA Crim 163 — Disqualification Runs from Sentence Date and Interim Disqualification Is Credited Automatically

Date: Jan 30, 2026

Disqualification for Causing Death by Careless Driving Runs from the Date of Sentence, with Automatic Credit for Interim Disqualification (Needham Applied on Appeal) Case: Navid, R. v Citation:...

Linked Protection Claims: Different Outcomes Justified by Divergent Credibility Findings and COI Scope

Date: Jan 30, 2026

Linked Protection Claims: Different Outcomes Justified by Divergent Credibility Findings and COI Scope 1. Introduction In L.A. v The International Protection Appeals Tribunal and Anor (Approved)...

R v Ball [2026] EWCA Crim 121 — “Unduly Lenient” Restraint and the Discretionary (Non-Formulaic) Treatment of Recall Time

Date: Jan 30, 2026

R v Ball [2026] EWCA Crim 121 — “Unduly Lenient” Restraint and the Discretionary (Non-Formulaic) Treatment of Recall Time 1. Introduction R v Ball concerns an application by His Majesty’s Solicitor...

Miah, R. v [2026] EWCA Crim 129 — SHPO Duration Must Be Individually Justified (Not Set to Mirror Notification Period)

Date: Jan 30, 2026

SHPO Duration Must Be Individually Justified (Not Set to Mirror Notification Period) 1. Introduction Miah, R. v [2026] EWCA Crim 129 is an appeal against sentence in the England and Wales Court of...

Ultra-High Quantity Cocaine Conspiracies: Justifying 20+ Year Starting Points and Limiting Guilty Plea Credit Where Quantity Is Contested Late

Date: Jan 30, 2026

Ultra-High Quantity Cocaine Conspiracies: Justifying 20+ Year Starting Points and Limiting Guilty Plea Credit Where Quantity Is Contested Late 1. Introduction R. v Sajad & Anor ([2026] EWCA Crim 125)...

Inferring Category B Unlawful Act Manslaughter Despite Uncertain Medical Cause of Death

Date: Jan 30, 2026

Inferring Category B Unlawful Act Manslaughter Despite Uncertain Medical Cause of Death Introduction In R v Metcalfe [2026] EWCA Crim 144, the Court of Appeal (Criminal Division) (Lord Justice Singh,...

Permission to Appeal in Homelessness JR: “Realistic Prospect” and Academic Appeals Reserved for Salem Consideration

Date: Jan 30, 2026

Permission to Appeal in Homelessness JR: “Realistic Prospect” and Academic Appeals Reserved for Salem Consideration 1. Introduction Birmingham City Council v Fowell concerns the interface between (i)...

Underwood, R. v [2026] EWCA Crim 122 — Commentary

Date: Jan 30, 2026

Decoy “Child” Incitement Attempts: Category 1A Classification and Immediate Custody as the Norm (Underwood) 1. Introduction R v Underwood concerned an Attorney General/Solicitor General reference for...

Assignation Transfers Rights, Not the Assignor’s Liability: Limits of “assignatus utitur” and the Preconditions for Rescission

Date: Jan 29, 2026

Assignation Transfers Rights, Not the Assignor’s Liability: Limits of “assignatus utitur” and the Preconditions for Rescission Case: Lorna McLean against Elderbridge Ltd (Court of Session, Outer...

Mulumba v Partners Group (UK) Ltd: Limits of the Ridley “Safety Valve” and Rule 37(5) for Late or Incomplete EAT Appeals

Date: Jan 29, 2026

Mulumba v Partners Group (UK) Ltd & Anor [2026] EWCA Civ 30: When Ridley and Rule 37(5) Cannot Rescue a Defective EAT Appeal 1. Introduction This Court of Appeal decision concerns the strict approach...