periodic-inspection Case Commentaries

Self-Induced Drug Psychosis as Aggravation (Not Mitigation) in Domestic Abuse Violence Sentencing; Totality and 5-Year EDS Extension Upheld — Miah [2025] EWCA Crim 1784

Date: Dec 17, 2025

Self-Induced Drug Psychosis as Aggravation (Not Mitigation) in Domestic Abuse Violence Sentencing; Totality and 5-Year EDS Extension Upheld 1. Introduction R v Miah ([2025] EWCA Crim 1784) is an...

R v Hibbert [2025] EWCA Crim 1730 — Contextual Digital Communications Can Amount to a Case to Answer for Secondary Liability in a Planned Murder

Date: Dec 17, 2025

Contextual Digital Communications Can Amount to a Case to Answer for Secondary Liability in a Planned Murder (R v Hibbert) Case: Hibbert, R. v Citation: [2025] EWCA Crim 1730 Court: England and Wales...

Attempted “Inciting” Sexual Activity with a Decoy Child: Category Harm by Intended Act, and Only a Small Downward Adjustment (No Extra Discount for Attempt)

Date: Dec 17, 2025

Attempted “Inciting” Sexual Activity with a Decoy Child: Category Harm by Intended Act, and Only a Small Downward Adjustment (No Extra Discount for Attempt) 1. Introduction Shaw, R. v ([2025] EWCA...

R v Thornton [2025] EWCA Crim 1734 — Serious Domestic Abuse (Coercive Control + Strangulation) Normally Requires Immediate Custody; Community Order Can Be “Outside the Range”

Date: Dec 17, 2025

R v Thornton [2025] EWCA Crim 1734 — Serious Domestic Abuse (Coercive Control + Strangulation) Normally Requires Immediate Custody; Community Order Can Be “Outside the Range” 1) Introduction This was...

Immediate Custody Required for Serious Domestic Abuse: Category A Coercive Control and Intentional Strangulation Cannot Properly Attract a Community Order

Date: Dec 17, 2025

Immediate Custody Required for Serious Domestic Abuse: Category A Coercive Control and Intentional Strangulation Cannot Properly Attract a Community Order 1. Introduction Thornton, R. v ([2025] EWCA...

Change in Penal Policy Does Not Reopen IPP Sentences: Refusing Very Late IPP Appeals Absent Arguable Sentencing Error

Date: Dec 17, 2025

Change in Penal Policy Does Not Reopen IPP Sentences: Refusing Very Late IPP Appeals Absent Arguable Sentencing Error 1) Introduction R v Thorpe ([2025] EWCA Crim 1758) concerns two renewed...

Regulatory Oversight and Commissioned Agency Models: When Discrimination Tribunal Jurisdiction Ends Because the Claimant Is Not an “Employee”

Date: Dec 16, 2025

Regulatory Oversight and Commissioned Agency Models: When Discrimination Tribunal Jurisdiction Ends Because the Claimant Is Not an “Employee” Case: McGreevy v NFU Mutual Insurance Society LTD [2025]...

Bare Assertions and Historic Delay Are No Defence: Summary Judgment on a Personal Guarantee after Kirwan v Connors – Commentary on Credebt Exchange Ltd v Doran [2025] IEHC 740

Date: Dec 16, 2025

Bare Assertions and Historic Delay Are No Defence: Summary Judgment on a Personal Guarantee after Kirwan v Connors – Commentary on Credebt Exchange Ltd v Philip Doran [2025] IEHC 740 1. Introduction...

Rowland Threshold Applied to University Student Discipline: Injunction Refused Absent Irremediable Flaw or Objective Bias

Date: Dec 16, 2025

Rowland Threshold Applied to University Student Discipline: Injunction Refused Absent Irremediable Flaw or Objective Bias Court: High Court of Ireland Judge: Ms Justice Bolger Date: 28 January 2026...

True Justice Demands Proportionality Between Legal Costs and Claim Value: Commentary on Putniene v McDonald & Ors [2025] IEHC 682

Date: Dec 16, 2025

True Justice Demands Proportionality Between Legal Costs and Claim Value: Commentary on Putniene v McDonald & Ors [2025] IEHC 682 1. Introduction The High Court judgment in Regina Putniene v Brendan...

Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform: Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64

Date: Dec 15, 2025

Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform: Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64 1. Introduction This Court of Appeal...

R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality

Date: Dec 15, 2025

R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality 1. Introduction The decision in R v Cox [2025]...

Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v HMRC [2025] EWCA Civ 1615

Date: Dec 15, 2025

Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v Revenue and Customs [2025] EWCA Civ 1615 1. Introduction The Court of Appeal’s...

Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR v First‑tier Tribunal (SEC) [2025] EWCA Civ 1608

Date: Dec 15, 2025

Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR, R (on the application of) v First‑tier...

Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612

Date: Dec 15, 2025

Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612 1. Introduction Cobden v Cobden is a...

Gain, R. v — Sentencing and Mental Disorder: Structured Approach Required, but Mitigation Depends on a Proven Offence-Link

Date: Dec 13, 2025

Gain, R. v — Sentencing and Mental Disorder: Structured Approach Required, but Mitigation Depends on a Proven Offence-Link Court: England and Wales Court of Appeal (Criminal Division) | Citation:...

Strict Order 84C Compliance and Point-of-Law Pleading in s.46 Workplace Relations Act Appeals (and Default Costs Under s.169 LSRA 2015)

Date: Dec 13, 2025

Strict Order 84C Compliance and Point-of-Law Pleading in s.46 Workplace Relations Act Appeals (and Default Costs Under s.169 LSRA 2015) 1) Introduction Jaroslaw Nowak v Moorehall Disability Services...

Derivative Use of Lawfully Obtained Digital Evidence in Garda Disciplinary Proceedings: Commentary on Hyland v Commissioner of An Garda Síochána [2025] IESC 54

Date: Dec 13, 2025

Derivative Use of Lawfully Obtained Digital Evidence in Garda Disciplinary Proceedings: Commentary on Hyland v The Commissioner of An Garda Síochána [2025] IESC 54 1. Introduction This commentary...

R v MEK [2025] EWCA Crim 1743 — Adverse Inference Where “Scope of Interview” Is Asserted Without Evidence; and Sentencing Double‑Counting of Age Disparity in Category A2

Date: Dec 13, 2025

Adverse Inference Where “Scope of Interview” Is Asserted Without Evidence; and Sentencing Double‑Counting of Age Disparity in Category A2 1. Introduction In R v MEK ([2025] EWCA Crim 1743), the Court...

Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611

Date: Dec 12, 2025

Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611 1. Introduction This commentary examines the...