periodic-inspection Case Commentaries

Immigration Bail Is Not “Detention” for Habeas Corpus Unless Conditions Amount to a Significant Curtailment of Liberty

Date: Mar 6, 2026

Immigration Bail Is Not “Detention” for Habeas Corpus Unless Conditions Amount to a Significant Curtailment of Liberty 1. Introduction CHK, R (On the Application Of) v Secretary of State for the Home...

Sequential-Sale Injunctions in Receiver/Mortgagee Sales: Postponing Sale of One Charged Asset Where Another May Discharge the Debt

Date: Mar 6, 2026

Sequential-Sale Injunctions in Receiver/Mortgagee Sales: Postponing Sale of One Charged Asset Where Another May Discharge the Debt Introduction This High Court judgment (O’Connell J, 3 March 2026)...

Townsend v Epsom and St Helier University Hospitals NHS Trust: No “Clinical Decision” Carve‑Out—Life‑Sustaining Treatment for Incapacitous Adults Must Be Determined Under MCA Best Interests, with Court of Protection Resolution Where Disputed

Date: Mar 6, 2026

Townsend v Epsom and St Helier University Hospitals NHS Trust: No “Clinical Decision” Carve‑Out—Life‑Sustaining Treatment for Incapacitous Adults Must Be Determined Under MCA Best Interests, with...

“Highly Consistent” Psychiatric Findings Must Be Weighed on Credibility and Persecution: Limits of Mere Quotation of Medico-Legal Reports (and a Multi-Factor Approach to s.5(2) Extensions)

Date: Mar 6, 2026

“Highly Consistent” Psychiatric Findings Must Be Weighed on Credibility and Persecution: Limits of Mere Quotation of Medico-Legal Reports (and a Multi-Factor Approach to s.5(2) Extensions) 1....

Hadsh, R. v [2026] EWCA Crim 365 — Appellate Restraint on Unduly Lenient Sentence References Where the Judge Remains Within the Guideline Range

Date: Mar 6, 2026

Appellate Restraint on Unduly Lenient Sentence References Where the Judge Remains Within the Guideline Range (Category 2B Sexual Assault) 1. Introduction R v Hadsh concerned an application by His...

When Intoxication Directions Are Unnecessary: Admissions of Intent Can Neutralise the Sheehan and Moore/Aidid Requirement

Date: Mar 6, 2026

When Intoxication Directions Are Unnecessary: Admissions of Intent Can Neutralise the Sheehan and Moore/Aidid Requirement Case: R EX - v - MATTEO BOTTARELLI Citation: [2026] EWCA Crim 383 Court:...

Closing Speeches Are Not Evidence: No Duty to Rehearse Defence Submissions When Jury Requests Copies

Date: Mar 6, 2026

Closing Speeches Are Not Evidence: No Duty to Rehearse Defence Submissions When Jury Requests Copies 1) Introduction Case: Mohammed, R. v [2026] EWCA Crim 340 (CA (Crim Div)) Date: 5 March 2026...

Wynne v The Office Of The Ombudsman: Judicial Review Leave Refused Where Ombudsman Confined to Administrative-Process Review and Barred from Reassessing Legal Opinions Obtained by the Legal Aid Board

Date: Mar 6, 2026

Judicial Review Leave Refused Where Ombudsman Is Confined to Administrative-Process Review and Cannot Reassess Legal Opinions Underlying Legal Aid Board Refusals 1) Introduction Wynne v The Office Of...

Same-Level High Court Judge Bound by Prior Strike-Out Ruling Unless a Genuinely New, Credible Expert Basis (“Air of Reality”) Emerges

Date: Mar 5, 2026

Same-Level High Court Judge Bound by Prior Strike-Out Ruling Unless a Genuinely New, Credible Expert Basis (“Air of Reality”) Emerges 1) Introduction This High Court ruling (Charleton J, ex tempore,...

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...