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

[2026] CSIH 11 — Commentary

Date: Mar 19, 2026

Exploiting an NHS Support Scheme “Within the Rules” Can Still Evidence Lack of Integrity and Professional Unsuitability Justifying Unconditional Disqualification Court Scottish Court of Session...

Civil Contemnors as “Prisoners”: Executive Power to Transfer Despite a Named Committal Prison

Date: Mar 19, 2026

Civil Contemnors as “Prisoners”: Executive Power to Transfer Despite a Named Committal Prison 1. Introduction The Board of Management of Wilson's Hospital School v Burke [No. 5] [2026] IEHC 171 is...

FOIA s.51 Information Notices: s.51(1)(a) Is Disjunctive from s.51(1)(b) and the Commissioner May Require Sight of Legally Privileged Material to Decide a s.50 Complaint

Date: Mar 19, 2026

FOIA s.51 Information Notices: s.51(1)(a) Is Disjunctive from s.51(1)(b) and the Commissioner May Require Sight of Legally Privileged Material to Decide a s.50 Complaint 1. Introduction Police...

Section 56 Terrorism Act 2000: Proving an Organisation is “Concerned in Acts of Terrorism” Through Non‑Defendant Conduct and Broad Statutory Definitions (with Co‑Defendant Hearsay Admissible with Caution)

Date: Mar 19, 2026

Section 56 Terrorism Act 2000: Proving an Organisation is “Concerned in Acts of Terrorism” Through Non‑Defendant Conduct and Broad Statutory Definitions (with Co‑Defendant Hearsay Admissible with...

Non-Party Discovery of a Garda Complaint in Defamation Proceedings: Discovery Distinguished from Privilege and SLAPP Defences

Date: Mar 19, 2026

Non-Party Discovery of a Garda Complaint in Defamation Proceedings: Discovery Distinguished from Privilege and SLAPP Defences Case: Keegan and Anor v Cummins (Approved) [2026] IEHC 239 (High Court)...

Finality in Possession Litigation: Plenary Proceedings Cannot Collaterally Attack a Concluded Summary Possession Order

Date: Mar 19, 2026

Finality in Possession Litigation: Plenary Proceedings Cannot Collaterally Attack a Concluded Summary Possession Order Case: Connaughton v Start Mortgages Designated Activity Company (Approved)...

Pathological Dependence and the “Weighing” Limb of Capacity: Inherent-Jurisdiction Detention Continued Only to Enable a Least-Restrictive Step-Down Transfer

Date: Mar 19, 2026

Pathological Dependence and the “Weighing” Limb of Capacity: Inherent-Jurisdiction Detention Continued Only to Enable a Least-Restrictive Step-Down Transfer Case: Health Service Executive v A.M....

Childhood Scarring: Lifelong Effects Can Justify Above-Band Damages and High Court Costs

Date: Mar 19, 2026

Childhood Scarring: Lifelong Effects Can Justify Above-Band Damages and High Court Costs High Court of Ireland: [2026] IEHC 199 Judge: Mr Justice Tony O’Connor Judgment delivered: 18 March 2026 1....

Hughes v Kirklees: Outdated Financial Figures and “Materially Misleading” Officer Advice in Local Authority JR

Date: Mar 18, 2026

Outdated Financial Comparators Do Not Render a Cabinet Decision Irrational Unless Officer Advice Is Materially Misleading in Context Case: Hughes, R (On the Application Of) v Kirklees Council...

Foreign Anti-Suit Relief as Criminal Contempt: Only “Exceptional” Cases Can Qualify Where Foreign Jurisdiction Is Invoked in Good Faith

Date: Mar 18, 2026

Foreign Anti-Suit Relief as Criminal Contempt: Only “Exceptional” Cases Can Qualify Where Foreign Jurisdiction Is Invoked in Good Faith Case: BHP Group (UK) Ltd & Anor v Municipio de Mariana & Ors...

Gilvarry v Maher [2026] IEHC 157 — Limitation Time in Estate Possession Claims Runs from Administrator’s Appointment and Post-Removal Trespass, Not from Death

Date: Mar 18, 2026

Limitation Time in Estate Possession Claims Runs from Administrator’s Appointment and Post-Removal Trespass, Not from Death Case: Gilvarry v Maher (Approved) [2026] IEHC 157 Court: High Court of...

Implied Incidental Power to Correct an Obviously Mistaken ILR Notification: Prompt Withdrawal and Replacement with Intended LLR

Date: Mar 18, 2026

Implied Incidental Power to Correct an Obviously Mistaken ILR Notification: Prompt Withdrawal and Replacement with Intended LLR 1) Introduction Case: YC, R (on the application of) v Secretary of...

Domestic Violence in International Protection Claims: Death Threats Treated Within the Domestic Violence Spectrum and “Women in Georgia” Not Automatically a Particular Social Group

Date: Mar 18, 2026

Domestic Violence in International Protection Claims: Death Threats Treated Within the Domestic Violence Spectrum and “Women in Georgia” Not Automatically a Particular Social Group Case: N.K. v The...

Section 5 Extensions Are a Broad, Proportionate Discretion (Not a Punishment): and IPAT “General Credibility” Findings Must Be Factually Accurate, Context-Sensitive, and COI-Correct

Date: Mar 18, 2026

Section 5 Extensions Are a Broad, Proportionate Discretion (Not a Punishment): and IPAT “General Credibility” Findings Must Be Factually Accurate, Context-Sensitive, and COI-Correct Case: G. (Angola)...

Section 50 “Unreasonable Interference” Test: Discharging a Freehold Restrictive Covenant Where It Sterilises Servient Land Despite Planning Permission and No Practical Benefit

Date: Mar 18, 2026

Section 50 “Unreasonable Interference” Test: Discharging a Freehold Restrictive Covenant Where It Sterilises Servient Land Despite Planning Permission and No Practical Benefit Case: GUIA Properties...

Doyle (No. 3): Climate Act s.15 “spectrum of options”, incorporation of CPPAs via conditions, and “probability not possibility” for bat derogation sequencing

Date: Mar 18, 2026

Doyle (No. 3): Climate Act s.15 “spectrum of options”, incorporation of CPPAs via conditions, and “probability not possibility” for bat derogation sequencing Court: High Court (Humphreys J.)...

Domestic Robbery Sentencing: Knowledge of a Handgun and Significant Planning Fix Category A Culpability Despite a “Driver” Role (and Newton Hearing Reduces Plea Credit)

Date: Mar 18, 2026

Domestic Robbery Sentencing: Knowledge of a Handgun and Significant Planning Fix Category A Culpability Despite a “Driver” Role (and Newton Hearing Reduces Plea Credit) Case: Ronan, R. v Court:...

Fraud Act sentencing: “greater harm” and immediate custody for driving theory test cheating

Date: Mar 18, 2026

Fraud Act sentencing: “greater harm” and immediate custody for driving theory test cheating despite guideline mismatch Case: Rex v Ali Samadi Rasul Neutral citation: [2026] EWCA Crim 453 Court: Court...

Totality in Historic Intra‑Familial Child Rape: Appellate Correction Where Consecutive Sentences Yield a Disproportionate Overall Term

Date: Mar 18, 2026

Totality in Historic Intra‑Familial Child Rape: Appellate Correction Where Consecutive Sentences Yield a Disproportionate Overall Term 1. Introduction In R. v VFT [2026] EWCA Crim 536, the Court of...

FSPO Decisions as Res Judicata: No Fresh Court Proceedings on the Same Complaint Absent Statutory Appeal

Date: Mar 17, 2026

FSPO Decisions as Res Judicata: No Fresh Court Proceedings on the Same Complaint Absent Statutory Appeal 1) Introduction Pysz v New Ireland Assurance Company PLC (Approved) [2026] IEHC 165 concerns...