periodic-inspection Case Commentaries

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...

Conveyancing Advice on Missing Completion Certificates: Informed Client Instruction Defeats Breach, and “Scope of Duty” Limits Loss to the Certification Risk

Date: Mar 7, 2026

Conveyancing Advice on Missing Completion Certificates: Informed Client Instruction Defeats Breach, and “Scope of Duty” Limits Loss to the Certification Risk 1. Introduction In Karen Lamb against...

Siniakovich v Hassan-Soudey & Ors [2026] EWCA Civ 215 — Underpayment of Issue Fee Does Not Prevent an Action Being “Brought” for Limitation Purposes on Receipt of the Claim Form

Date: Mar 7, 2026

Underpayment of Issue Fee Does Not Prevent an Action Being “Brought” for Limitation Purposes on Receipt of the Claim Form Case: Siniakovich v Hassan-Soudey & Ors [2026] EWCA Civ 215 (CA (Civil...

Section 18(8) WIA as a Bar to Chapter II Competition Damages Where the Alleged Abuse Depends on Breach of Ofwat Licence Reporting Duties

Date: Mar 7, 2026

Section 18(8) WIA as a Bar to Chapter II Competition Damages Where the Alleged Abuse Depends on Breach of Ofwat Licence Reporting Duties 1. Introduction Roberts v Severn Trent Water Limited & Severn...

Outer-Ring Disclosure for “Crown Jewel” Supplier Lists Where Needed for Fair Conduct of Competition Proceedings

Date: Mar 7, 2026

Outer-Ring Disclosure for “Crown Jewel” Supplier Lists Where Needed for Fair Conduct of Competition Proceedings Case: Roadget Business PTE Ltd & Anor v Whaleco UK Ltd Citation: [2026] EWCA Civ 221...

Strict Hysaj-Style Discipline for UT Judicial Review and CPR 52.9 Appeals: Merits Matter Only if “Very Strong/Very Weak”, and “Serious Harm” Includes Societal Harm in Child-Sex Facilitation Offences

Date: Mar 7, 2026

Strict Hysaj-Style Discipline for UT Judicial Review and CPR 52.9 Appeals: Merits Matter Only if “Very Strong/Very Weak”, and “Serious Harm” Includes Societal Harm in Child-Sex Facilitation Offences...

Attersley v UK Insurance Ltd — Part 36.20 Fixes Costs by Reference to the Expiry of the Relevant Period, Not Later Multi-Track Allocation

Date: Mar 7, 2026

Part 36.20 Fixes Costs by Reference to the Expiry of the Relevant Period, Not Later Multi-Track Allocation 1. Introduction Attersley v UK Insurance Ltd ([2026] EWCA Civ 217, CA (Civ Div), 4 March...

ICSID Article 54(1) as a Treaty-Based Submission Waiving Adjudicative State Immunity for UK Registration and Enforcement

Date: Mar 7, 2026

ICSID Article 54(1) as a Treaty-Based Submission Waiving Adjudicative State Immunity for UK Registration and Enforcement Case: The Kingdom of Spain v Infrastructure Services Luxembourg S.A.R.L. &...

Examinership Not for Special-Purpose Property SPVs with Incidental Employment: Discretion to Refuse Confirmation Where No Community Benefit and Creditor Prejudice

Date: Mar 7, 2026

Examinership Not for Special-Purpose Property SPVs with Incidental Employment: Discretion to Refuse Confirmation Where No Community Benefit and Creditor Prejudice Case: KC Capital Property Group Ltd...

CBOs require timely notice and a proven, tailored link between the offending and harassment/alarm/distress

Date: Mar 7, 2026

CBOs require timely notice and a proven, tailored link between the offending and harassment/alarm/distress Introduction In R v Simms [2026] EWCA Crim 379, the Court of Appeal (Criminal Division)...

Singh, R. v [2026] EWCA Crim 345 — Commentary

Date: Mar 7, 2026

Attorney-General’s Reference: Insufficient “Totality” Uplift Makes a Concurrent Sentence Unduly Lenient 1. Introduction R v Govinder Singh concerns an Attorney-General’s Reference under section 36 of...

R v Brooks [2026] EWCA Crim 410 — Section 100 CJA 2003: “Substantial Probative Value” Requires More Than General Credibility Attacks and Must Avoid Satellite Litigation

Date: Mar 7, 2026

R v Brooks [2026] EWCA Crim 410 — Section 100 CJA 2003: “Substantial Probative Value” Requires More Than General Credibility Attacks and Must Avoid Satellite Litigation 1. Introduction In Brooks, R....