periodic-inspection Case Commentaries

Campbell v R [2026] EWCA Crim 51 — Commentary

Date: Feb 9, 2026

Guideline Selection for Section 30 Hate Criminal Damage: Higher-Value Guideline Applies Absent a Section 22 Value Determination Case: Campbell v R Citation: [2026] EWCA Crim 51 Court: Court of Appeal...

Encumbering a Company’s Equitable Land Interest as “Conversion” for LA 1980 s21(1)(b), and a Purchaser-Only, Knowledge-Sensitive Reading of CA 2006 s44(5)

Date: Feb 9, 2026

Encumbering a Company’s Equitable Land Interest as “Conversion” for LA 1980 s21(1)(b), and a Purchaser-Only, Knowledge-Sensitive Reading of CA 2006 s44(5) 1. Introduction South Bank Hotel Management...

CPR 19.6(3)(b) “Second Gateway” Does Not Cure Mistaken Defendant Identity Where Liability Is Not Transferred

Date: Feb 9, 2026

CPR 19.6(3)(b) “Second Gateway” Does Not Cure Mistaken Defendant Identity Where Liability Is Not Transferred Case: Adcamp LLP v Office Properties PL Ltd & Ors (conjoined with Mark William Lee and...

Clarke, R. v [2026] EWCA Crim 184 — Commentary

Date: Feb 7, 2026

Trial Judges May Revoke a “No Case to Answer” Terminatory Ruling During a Section 58 CJA 2003 Adjournment: A Second Ruling Is a Negation, Not a “Step in Consequence” 1. Introduction In Clarke, R. v...

Non-Defendant Bad Character (CJA 2003 s.100): Excluding Hearsay Allegations and Policing “State of Mind” Evidence to Prevent Backdoor Propensity Proof

Date: Feb 7, 2026

Non-Defendant Bad Character (CJA 2003 s.100): Excluding Hearsay Allegations and Policing “State of Mind” Evidence to Prevent Backdoor Propensity Proof 1) Introduction R v Horswill ([2026] EWCA Crim...

HEF, R. v — Cannabis Evidence and “Capacity to Consent”: No Duty to Direct on Capacity (or Require Expert Evidence) Where Capacity Is Not Put in Issue

Date: Feb 7, 2026

Cannabis Evidence and “Capacity to Consent”: No Duty to Direct on Capacity (or Require Expert Evidence) Where Capacity Is Not Put in Issue 1. Introduction HEF, R. v [2026] EWCA Crim 172 is a Court of...

Garner, R. v — Lead Concurrent Sentence Must Reflect Overall Criminality; “No Separate Penalty” Wrong for Serious Weapon Possession in Unduly Lenient Sentence References

Date: Feb 7, 2026

Lead Concurrent Sentence Must Reflect Overall Criminality; “No Separate Penalty” Wrong for Serious Weapon Possession in Unduly Lenient Sentence References 1) Introduction R v Garner ([2026] EWCA Crim...

Spud Legs as “Deposited Objects” and the “Normal Navigation” Exemption: Richards v R [2026] EWCA Crim 178

Date: Feb 7, 2026

Spud Legs as “Deposited Objects” and the “Normal Navigation” Exemption under the Marine and Coastal Access Act 2009 1. Introduction Richards, R. v [2026] EWCA Crim 178 is a decision of the England...

Assumed Assistance-to-Police Discount Will Not Found Leave Where a Totality-Adjusted Drug Sentence Is Not Arguably Excessive

Date: Feb 7, 2026

Assumed Assistance-to-Police Discount Will Not Found Leave Where a Totality-Adjusted Drug Sentence Is Not Arguably Excessive 1. Introduction In R v GEE [2026] EWCA Crim 447, the Court of Appeal...

Section 15 Sale Orders for Closely-Held Company Shares: Co-operation Duties, Neutral Oversight, and Conditional Escalation to Share Transfer

Date: Feb 7, 2026

Section 15 Sale Orders for Closely-Held Company Shares: Co-operation Duties, Neutral Oversight, and Conditional Escalation to Share Transfer 1. Introduction A.B. v C.B. (proper provision; sale of...

Post‑Conviction “Attribution” Material and Safety of Conviction: No Unfairness Where the Defence Already Had the Evidential Building Blocks at Trial (R v Howard [2026] EWCA Crim 227)

Date: Feb 7, 2026

Post‑Conviction “Attribution” Material and Safety of Conviction: No Unfairness Where the Defence Already Had the Evidential Building Blocks at Trial Case: Rex v Howard Neutral citation: [2026] EWCA...

“Confusion Clause” as a Contractual Hierarchy: MRC Slip Prevails Over Later MURA Arbitration and Governing Law Terms Where the Two Documents Conflict

Date: Feb 6, 2026

“Confusion Clause” as a Contractual Hierarchy: MRC Slip Prevails Over Later MURA Arbitration and Governing Law Terms Where the Two Documents Conflict Case: Tyson International Company Ltd v GIC RE,...

Contact-Driven Refusal of Placement Orders: When a Stable Foster Home and “Necessary” Direct Parental Contact Mean Adoption Is Not “Required”

Date: Feb 6, 2026

Contact-Driven Refusal of Placement Orders: When a Stable Foster Home and “Necessary” Direct Parental Contact Mean Adoption Is Not “Required” 1. Introduction S, Re (Foster Care or Placement for...

NRSWA 1991: Section 82 “Shall Compensate” Claims Fall Outside Mandatory Arbitration Under Section 96(3)

Date: Feb 6, 2026

NRSWA 1991: Section 82 “Shall Compensate” Claims Fall Outside Mandatory Arbitration Under Section 96(3) 1. Introduction Cadent Gas Ltd v CityFibre Ltd ([2026] EWCA Civ 46) concerns a targeted but...

Bad Character Not “Bolstering” Where Identification Is Supported by Substantial Independent Evidence; Discretionary Life Sentences for Dangerous Young Offenders in Public Revenge Stabbings

Date: Feb 6, 2026

Bad Character Not “Bolstering” Where Identification Is Supported by Substantial Independent Evidence; Discretionary Life Sentences for Dangerous Young Offenders in Public Revenge Stabbings 1....

Compatibility of Rebutting the “Safe Country of Origin” Presumption with a Finding of Effective State Protection (and the High Threshold for COI “Cherry-Picking” Challenges)

Date: Feb 6, 2026

Compatibility of Rebutting the “Safe Country of Origin” Presumption with a Finding of Effective State Protection (and the High Threshold for COI “Cherry-Picking” Challenges) 1) Introduction A.B. v...

Undisclosed Police-Interview Evidence and Social-Work Retraction Entries as McInnes “Stage 2” Material; Retrial Authority Granted Despite Crown Fault

Date: Feb 6, 2026

Undisclosed Police-Interview Evidence and Social-Work Retraction Entries as McInnes “Stage 2” Material; Retrial Authority Granted Despite Crown Fault Case: Appeal against Conviction by YZ against His...

R v Chapman [2026] EWCA Crim 175 — Totality Requires a Substantial Uplift on the Lead Rape Count Where There Is Prolonged Child Sexual Abuse and Grooming; Immaturity Mitigation Must Not Drive Sentences Outside Guideline Norms

Date: Feb 6, 2026

Totality Requires a Substantial Uplift on the Lead Rape Count Where There Is Prolonged Child Sexual Abuse and Grooming; Immaturity Mitigation Must Not Drive Sentences Outside Guideline Norms 1....

Chief Executive’s Summary as Sufficient “Consideration” of Public Submissions in Section 31 Ministerial Directions

Date: Feb 5, 2026

Chief Executive’s Summary as Sufficient “Consideration” of Public Submissions in Section 31 Ministerial Directions Case: Duffy v The Minister For Housing, Local Government and Heritage and Anor...

Modern Slavery Appeals After Guilty Pleas: The “Line in the Sand” Limiting Abuse of Process and the Materiality of Section 45 Advice

Date: Feb 5, 2026

Modern Slavery Appeals After Guilty Pleas: The “Line in the Sand” Limiting Abuse of Process and the Materiality of Section 45 Advice 1. Introduction Kwiatkowska, R. ([2026] EWCA Crim 45) concerned...