periodic-inspection Case Commentaries

Asylum Claims Rarely Justify Adjournment of Extradition Appeals: Section 39(3) Stays Removal Without Staying the Appeal

Date: Jan 21, 2026

Asylum Claims Rarely Justify Adjournment of Extradition Appeals: Section 39(3) Stays Removal Without Staying the Appeal Introduction This decision of the Appeal Court, High Court of Justiciary...

UKSC Rating Decisions Do Not Constitute a Scottish “Material Change of Circumstances” (and Cardtronics Is Not a New-Valuation-Principle Trigger)

Date: Jan 21, 2026

UKSC Rating Decisions Do Not Constitute a Scottish “Material Change of Circumstances” (and Cardtronics Is Not a New-Valuation-Principle Trigger) 1) Introduction This Lands Valuation Appeal Court...

Limits of Government “Comfort Letter” Liability: No Assumed Responsibility to Disclose Regulatory Approval Risks (Biffa v Scottish Ministers)

Date: Jan 21, 2026

Limits of Government “Comfort Letter” Liability: No Assumed Responsibility to Disclose Regulatory Approval Risks Introduction Court: Outer House, Court of Session (Commercial Action) Judge: Lord...

R v TPD [2026] EWCA Crim 16 — Sentencing for TPIM Breach: Harm is Inherently “Very Serious” and Culpability Turns on the Breach, Not Ideology

Date: Jan 21, 2026

Sentencing for TPIM Breach: Harm is Inherently “Very Serious” and Culpability Turns on the Breach, Not Ideology 1. Introduction Case: TPD, R. v [2026] EWCA Crim 16 (Court of Appeal (Criminal...

Sands, R. v [2026] EWCA Crim 15 — S.98 “Relationship-History” Evidence and the Limits of Mandatory Jury Directions in Consent Trials

Date: Jan 21, 2026

S.98 “Relationship-History” Evidence and the Limits of Mandatory Jury Directions in Consent Trials (R v Sands) 1. Introduction R v Sands ([2026] EWCA Crim 15, CA (Crim Div), 20 January 2026) concerns...

Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface

Date: Jan 21, 2026

Certified-Point Appeals under s.38 Broadcasting Act 2009: Exceptional Public Importance and the DSA–AVMSD Interface 1) Introduction This “No. 2” judgment concerns X Internet Unlimited Company (the...

Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach

Date: Jan 21, 2026

Conditional Release of a Contemnor to Secure Fair Access to Litigation, with Swift Re-committal for Renewed Breach 1. Introduction The Board of Management of Wilson's Hospital School v Burke [No. 4]...

Windrush Compensation Scheme Claims Are Capable of “Civil Rights” Under Article 6—But Article 6 Is Not Engaged Absent a “Dispute”

Date: Jan 20, 2026

Windrush Compensation Scheme Claims Are Capable of “Civil Rights” Under Article 6—But Article 6 Is Not Engaged Absent a “Dispute” Case: Oji, R (On the Application Of) v The Director of Legal Aid...

Upper Tribunal May Issue Weighting Guidance on Statutory Time-Extension Discretions: Martland/Katib Confirmed for VAT Act 1994 s 83G(6)

Date: Jan 20, 2026

Upper Tribunal May Issue Weighting Guidance on Statutory Time-Extension Discretions: Martland/Katib Confirmed for VAT Act 1994 s 83G(6) 1. Introduction Revenue And Customs v Medpro Healthcare Ltd &...

Part 36 Liability-Only Percentage Offers Can Engage CPR 36.17 in Principle (Overruling Mundy), But Not Where Liability Is Never Determined

Date: Jan 19, 2026

Part 36 Liability-Only Percentage Offers Can Engage CPR 36.17 in Principle (Overruling Mundy), But Not Where Liability Is Never Determined 1) Introduction Smithstone v Tranmoor Primary School [2026]...

Dock Placement and Fair Trial: Refusal to Allow a Litigant-in-Person to Sit at Counsel’s Bench Will Not Normally Render a Conviction Unsafe Absent Material Prejudice

Date: Jan 17, 2026

Dock Placement and Fair Trial: Refusal to Allow a Litigant-in-Person to Sit at Counsel’s Bench Will Not Normally Render a Conviction Unsafe Absent Material Prejudice Case: Luckhurst-Matthews, R. v...

Misstated Indictment Dates/Age Are Not “Material Averments” Where Time/Age Is Not an Element: Convictions Remain Safe

Date: Jan 17, 2026

Misstated Indictment Dates/Age Are Not “Material Averments” Where Time/Age Is Not an Element: Convictions Remain Safe 1. Introduction BDZ v R ([2026] EWCA Crim 10) concerned an appeal against...

R v Bashir: Qualifying Curfew Credit Cannot Be Used to Reduce a Custodial Term to Enable Suspension

Date: Jan 17, 2026

R v Bashir: Qualifying Curfew Credit Cannot Be Used to Reduce a Custodial Term to Enable Suspension Case: Bashir, R. v | Citation: [2026] EWCA Crim 272 | Court: Court of Appeal (Criminal Division) |...

R v McBrearty [2026] NICA 4 — Sentencing Article 7 Sexual Assault: Proportionality, Flexibility Beyond Article 6 Benchmarks, and the Bar on “Sentencing for Left-on-the-Books” Counts

Date: Jan 17, 2026

R v McBrearty [2026] NICA 4 — Sentencing Article 7 Sexual Assault: Proportionality, Flexibility Beyond Article 6 Benchmarks, and the Bar on “Sentencing for Left-on-the-Books” Counts 1. Introduction...

Strike-Out and Joinder Thresholds in Mortgage Possession Proceedings: Evidence, Proper Procedure, and Costs in Circuit Court Appeals

Date: Jan 17, 2026

Strike-Out and Joinder Thresholds in Mortgage Possession Proceedings: Evidence, Proper Procedure, and Costs in Circuit Court Appeals 1. Introduction Larkin v Start Mortgages Designated Activity...

Lakeman, R. v — In‑Game Virtual Currency as “Property” Under s.4 Theft Act 1968

Date: Jan 16, 2026

Old School RuneScape “Gold Pieces” Are “Other Intangible Property” Capable of Being Stolen Under s.4 Theft Act 1968 Case: Lakeman, R. v | Citation: [2026] EWCA Crim 4 | Court: Court of Appeal...

Rule 55 Limits Post‑Draft Representations: New Issues Cannot Be Introduced to Found a Rule 68(2)(c) “Serious Irregularity” Appeal

Date: Jan 16, 2026

Rule 55 Limits Post‑Draft Representations: New Issues Cannot Be Introduced to Found a Rule 68(2)(c) “Serious Irregularity” Appeal 1. Introduction In Arbitration No.1 of 2025 ([2026] CSOH 2), Lord...

“Let Out” in LGFA 1988 s.64(2) Means Simply the Conferral of an Advertising Right: No Paramountcy/Control Test

Date: Jan 16, 2026

“Let Out” in LGFA 1988 s.64(2) Means Simply the Conferral of an Advertising Right: No Paramountcy/Control Test Case: Network Rail Infrastructure Ltd v List (Valuation Officer) Citation: [2026] EWCA...

Habile Title and Multi-Level Plans: Inset Plans and “As Presently Occupied” Can Found Prescription and Register Rectification

Date: Jan 16, 2026

Habile Title and Multi-Level Plans: Inset Plans and “As Presently Occupied” Can Found Prescription and Register Rectification 1. Introduction Elizabeth Pirnie against Douglas Rarity (Court of...

Rubery v Ministry of Defence: Section 121 Equality Act 2010—No Article 14/6 Incompatibility and No HRA s.3 “Rewrite” to Cure an Interlocking Scheme

Date: Jan 16, 2026

Rubery v Ministry of Defence: Section 121 Equality Act 2010—No Article 14/6 Incompatibility and No HRA s.3 “Rewrite” to Cure an Interlocking Scheme Court: England and Wales Court of Appeal (Civil...