periodic-inspection Case Commentaries

Derby CC v UYR [2025] EWCA Civ 1648: Interim Relief in Age Assessment Judicial Review and the Role of Competing Section 20 Duties

Date: Dec 19, 2025

Derby City Council v UYR [2025] EWCA Civ 1648: No “Strong Prima Facie Case” Threshold for Interim Relief in Age Assessment Judicial Review, and the Effect of Existing Section 20 Accommodation 1....

HMRC v Sintra Global Inc: Clarifying the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals

Date: Dec 19, 2025

HMRC v Sintra Global Inc & Parul Malde [2025] EWCA Civ 1661: The Court of Appeal Clarifies the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals 1. Introduction The decision in...

Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ 1652

Date: Dec 19, 2025

Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ...

Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd

Date: Dec 19, 2025

Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd [2025] EWCA Civ 1662 1. Introduction The Court of Appeal’s...

Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Commentary on Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633

Date: Dec 19, 2025

Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Abbott v Dexcom [2025] EWCA Civ 1633 1. Introduction This commentary examines the Court of Appeal decision in...

Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49

Date: Dec 19, 2025

Fairness Through Statutory Appeal: The Merits-Based Nature of Deprivation of Citizenship Appeals in Secretary of State for the Home Department v Kolicaj [2025] UKSC 49 1. Introduction In Secretary of...

Evans v Barclays: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings

Date: Dec 19, 2025

Evans v Barclays Bank Plc & Ors [2025] UKSC 48: Merits, Practicability and Third‑Party EU Decisions in Competition Collective Proceedings 1. Introduction This Supreme Court decision is now a leading...

R v Andrews: Appellate Restraint on Unduly Lenient Sentence References Where a Minimising Basis of Plea Was Accepted

Date: Dec 19, 2025

R v Andrews: Appellate Restraint on Unduly Lenient Sentence References Where a Minimising Basis of Plea Was Accepted 1. Introduction Andrews, R. v ([2025] EWCA Crim 1735) is a reference by the...

Reasonable Steps Beyond the Etridge Certificate in Spousal Suretyship: Fact-Specific Compliance and the Need for Transaction-by-Transaction Warnings

Date: Dec 19, 2025

Reasonable Steps Beyond the Etridge Certificate in Spousal Suretyship: Fact-Specific Compliance and the Need for Transaction-by-Transaction Warnings 1. Introduction Excel-A-Rate Business Services Ltd...

Over-Optimistic Sentencing Advice Does Not Normally Vitiate a Guilty Plea: Refusal of Late Conviction Appeal in R v McEvoy

Date: Dec 19, 2025

Over-Optimistic Sentencing Advice Does Not Normally Vitiate a Guilty Plea: Refusal of Late Conviction Appeal in R v McEvoy [2025] EWCA Crim 1747 1. Introduction R v McEvoy concerned a renewed...

Yellow Card Proportionality: Live Ammunition Unjustified Against a Bottle-Throwing Youth in Public Disorder (Inquest into Desmond Healey)

Date: Dec 19, 2025

Yellow Card Proportionality: Live Ammunition Unjustified Against a Bottle-Throwing Youth in Public Disorder (Inquest into Desmond Healey) 1. Introduction This decision is a published summary of the...

Refusal to Extend Time to Appeal under Regulation 4(4) Is Not a “s.5 Decision”: No Certificate to Appeal Required

Date: Dec 19, 2025

Refusal to Extend Time to Appeal under Regulation 4(4) Is Not a “s.5 Decision”: No Certificate to Appeal Required 1) Introduction GB v The International Protection Appeals Tribunal and Ors ([2025]...

Pre-Leave Amendments Cannot Evade Section 50 Time Limits: No “Holding” Statement of Grounds in Planning Judicial Review

Date: Dec 19, 2025

Pre-Leave Amendments Cannot Evade Section 50 Time Limits: No “Holding” Statement of Grounds in Planning Judicial Review 1. Introduction Moore and Anor v An Coimisiún Pleanála (Approved) [2025] IEHC...

Section 49(7) “Reasons” and the “Something More” Threshold: Training/Community Contribution Arguments May Be Lawfully Rejected Where the Decision Engages and Balances the Common Good

Date: Dec 19, 2025

Section 49(7) “Reasons” and the “Something More” Threshold: Training/Community Contribution Arguments May Be Lawfully Rejected Where the Decision Engages and Balances the Common Good 1) Introduction...

Acquittal on Aggravated Burglary Does Not Undermine Conviction for Conspiracy to Rob Where the Offences Have Distinct Mental Elements

Date: Dec 19, 2025

Acquittal on Aggravated Burglary Does Not Undermine Conviction for Conspiracy to Rob Where the Offences Have Distinct Mental Elements 1. Introduction Thomas, R. v ([2025] EWCA Crim 1755, 18 December...

Spousal Surety Guarantees in Northern Ireland: Strict “Etridge” Compliance for Enforceability and Priority

Date: Dec 19, 2025

Spousal Surety Guarantees in Northern Ireland: Strict “Etridge” Compliance for Enforceability and Priority Case: Bunting & Excel - A Rate Business Services Ltd v Blaney & Anor Neutral citation:...

Brown, R. v — Pre-offence Messaging as “Facts of the Offence” (CJA 2003, s.98) and “Significant Contribution” Causation in Mixed Trauma/Drug Deaths

Date: Dec 19, 2025

Brown, R. v — Pre-offence Messaging as “Facts of the Offence” (CJA 2003, s.98) and “Significant Contribution” Causation in Mixed Trauma/Drug Deaths Citation: [2025] EWCA Crim 1779 | Court: England...

Totality Must Still Be Applied to Consecutive Sentences for In‑Custody Drug Trafficking Despite Minimal Late Plea Credit

Date: Dec 19, 2025

Totality Must Still Be Applied to Consecutive Sentences for In‑Custody Drug Trafficking Despite Minimal Late Plea Credit 1) Introduction R v Finnegan ([2025] EWCA Crim 1817) concerns sentencing for...

Noori: Deterrent Uplift in False-ID Sentencing Amid Asylum-System Pressures; Full Guilty-Plea Credit Despite Procedural Defects; Deportation Recommendations to Be Used Sparingly

Date: Dec 19, 2025

Noori: Deterrent Uplift in False-ID Sentencing Amid Asylum-System Pressures; Full Guilty-Plea Credit Despite Procedural Defects; Deportation Recommendations to Be Used Sparingly 1. Introduction R. v...

Procedural unfairness in Industrial Tribunal appeals: appellate determination de novo and “panoramic” assessment of overall fairness

Date: Dec 19, 2025

Procedural unfairness in Industrial Tribunal appeals: appellate determination de novo and “panoramic” assessment of overall fairness Case: DD v TT Neutral citation: [2025] NICA 75 (Court of Appeal in...