consent-reaffirmed-as-no-defence-in-assault-occasioning-actual-bodily-harm:-hobday-v-r.-2025-ewca-crim-46 Case Commentaries

Oral Pronouncements of “Conviction” in Summary Appeals Have No Binding Effect Without a Final Composite Order (Conviction + Sentence)

Date: May 13, 2026

Oral Pronouncements of “Conviction” in Summary Appeals Have No Binding Effect Without a Final Composite Order (Conviction + Sentence) Case: McGuinness v The Director of Public Prosecutions (Approved)...

Age Assessment Appeals: The “Plainly Wrong” Threshold and the Limits of “Benefit of the Doubt” Where Cogent Evidence Establishes Adulthood

Date: May 13, 2026

Age Assessment Appeals: The “Plainly Wrong” Threshold and the Limits of “Benefit of the Doubt” Where Cogent Evidence Establishes Adulthood 1. Introduction In JR256, Appeal Against the Dismissal of an...

Improperly Indicted Summary Shoplifting: Guilty Plea a Nullity; Minimal Murder Plea Credit Where Responsibility Is Denied Pending Psychiatric Evidence

Date: May 13, 2026

Improperly Indicted Summary Shoplifting: Guilty Plea a Nullity; Minimal Murder Plea Credit Where Responsibility Is Denied Pending Psychiatric Evidence 1) Introduction In R v Blades [2026] EWCA Crim...

Stage 2 Equal Value Hearings: “Work” as Job Requirements, Appeal Particularisation, and the Bar on Revisiting Agreed Facts

Date: May 13, 2026

Stage 2 Equal Value Hearings: “Work” as Job Requirements, Appeal Particularisation, and the Bar on Revisiting Agreed Facts Case: Tesco Stores Ltd v Element & Ors Citation: [2026] EWCA Civ 580 Court:...

Naturalisation: No Automatic Duty to Consider a Section 16 Waiver Without a Request

Date: May 13, 2026

Naturalisation: No Automatic Duty to Consider a Section 16 Waiver Without a Request High Court of Ireland · [2026] IEHC 676 · Ms Justice Nessa Cahill · 12 May 2026 1. Introduction The High Court held...

Finality of Possession Orders: No Collateral Attack (or “Fraud” Plea) by Trespass Defence After Lawful Eviction

Date: May 12, 2026

Finality of Possession Orders: No Collateral Attack (or “Fraud” Plea) by Trespass Defence After Lawful Eviction 1. Introduction In KBC Bank NV v Smith & Ors [2026] IECA 80, the Court of Appeal (Allen...

Prospective adopters’ continuing duty of full and frank disclosure: non-disclosure of relationship breakdown and safeguarding risks justifies setting aside an adoption order

Date: May 12, 2026

Prospective adopters’ continuing duty of full and frank disclosure: non-disclosure of relationship breakdown and safeguarding risks justifies setting aside an adoption order Case: M (A Child:...

Reasons and “Engagement” in Invalid Skilled Worker Switching Applications: Arguable Duty to Explain Non-Waiver and LOTR Decisions

Date: May 12, 2026

Reasons and “Engagement” in Invalid Skilled Worker Switching Applications: Arguable Duty to Explain Non-Waiver and LOTR Decisions Case: Kalidasan & Ors v Secretary of State for the Home Department...

High Threshold for Setting Aside a Will: Independent Advice, Strong-Willed Testator, and No Inference of Undue Influence from Spousal Presence

Date: May 9, 2026

High Threshold for Setting Aside a Will: Independent Advice, Strong-Willed Testator, and No Inference of Undue Influence from Spousal Presence 1) Introduction In Nadeem-Ul Casim Haq and others...

Planning Judicial Review: Standing, Pleading Specificity, and Proof in Retention/AA Screening Challenges

Date: May 9, 2026

Planning Judicial Review: Standing, Pleading Specificity, and Proof in Retention/AA Screening Challenges 1. Introduction In Duffy v An Coimisiun Pleanala (Approved) [2026] IEHC 281, the High Court...

Workability Limits on Section 28(1B) “How” Statements and a Narrow, Substance-Based View of “De-zoning” in Development Plans

Date: May 9, 2026

Workability Limits on Section 28(1B) “How” Statements and a Narrow, Substance-Based View of “De-zoning” in Development Plans Case: MKN Properties Ltd & Anor v Fingal County Council (Approved) [2026]...

European Arrest Warrant: Updated Warrants, Section 20 Clarifications, and Case-Specific Medical Assurances as a Complete Answer to Articles 2–3 Risk

Date: May 9, 2026

European Arrest Warrant: Updated Warrants, Section 20 Clarifications, and Case-Specific Medical Assurances as a Complete Answer to Articles 2–3 Risk 1) Introduction In Minister for Justice v...

[2026] NICA 20 — Fair-trial safeguards when a vulnerable defendant becomes unrepresented mid-trial

Date: May 9, 2026

Unrepresented Vulnerable Defendants Mid‑Trial: Article 6 Fairness, Bain “Ready‑Reckoner” Duties, and the Limits of Intermediary Support 1. Introduction In Rodgers, R. v (Rev2) [2026] NICA 20 (Court...

Fraudulent “Breathing Space” Moratoria as Contempt: High-Culpability Interference with Justice Warrants Immediate Custody

Date: May 9, 2026

Fraudulent “Breathing Space” Moratoria as Contempt: High-Culpability Interference with Justice Warrants Immediate Custody 1. Introduction In Mavin v Wyatt [2026] EWCA Civ 585, the Court of Appeal...

When a Contract Is “Concluded” Anew for CJJA Consumer Jurisdiction: Only Variations Creating a New Legal Relationship Qualify

Date: May 9, 2026

When a Contract Is “Concluded” Anew for CJJA Consumer Jurisdiction: Only Variations Creating a New Legal Relationship Qualify 1) Introduction Alesayi v Bank Audi SAL [2026] EWCA Civ 551 is a...

Planning Permission and “Car‑Free” Proposals: Workability and Enforceability as a Mandatory Planning Consideration

Date: May 9, 2026

Planning Permission and “Car‑Free” Proposals: Workability and Enforceability as a Mandatory Planning Consideration Case: Walsh v An Coismisiun Pleanala (Approved) | Citation: [2026] IEHC 286 | Court:...

Object Restrictions Require a Four-Part Contextual Test: No Presumption from “Hardcore” Labels in Selective Distribution

Date: May 9, 2026

Object Restrictions Require a Four-Part Contextual Test: No Presumption from “Hardcore” Labels in Selective Distribution Case: Deckers UK Ltd v Up & Running (UK) Ltd (Rev1) [2026] EWCA Civ 553 Court:...

Safety of Conviction Where (i) No Section 41 Application and (ii) Neurodivergence/Intermediary Issues: Focus on Actual Trial Impact

Date: May 9, 2026

Safety of Conviction Where (i) No Section 41 Application and (ii) Neurodivergence/Intermediary Issues: Focus on Actual Trial Impact Case: Dickens, R. v Citation: [2026] EWCA Crim 542 Court: Court of...

Mandatory interlocutory pay/reinstatement relief is unavailable where the employee resigned and the dispute is governed by statutory employment remedies

Date: May 9, 2026

Mandatory interlocutory pay/reinstatement relief is unavailable where the employee resigned and the dispute is governed by statutory employment remedies Case: Murphy v ION Trading Ireland Ltd...

Employer Liability for Unassessed Manual-Handling Tasks and “Gross Carelessness” Contributory Negligence in a Kitchen Blender Injury

Date: May 9, 2026

Employer Liability for Unassessed Manual-Handling Tasks and “Gross Carelessness” Contributory Negligence in a Kitchen Blender Injury Case: Govers v Canurie Ltd trading as McGeoughs Bar and Restaurant...