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

Mandamus to Enforce Statutory Planning Duties: Resource Constraints Excuse Only Impossibility (Brady Exceptional)

Date: Jan 28, 2026

Mandamus to Enforce Statutory Planning Duties: Resource Constraints Excuse Only Impossibility (Brady Exceptional) Case: Protect East Meath Ltd v Meath County Council Court: Supreme Court of Ireland...

Serial Judicial Review as Abuse of Process: Res Judicata, Non‑Reviewability of High Court Decisions, and “Arguability” as the Gateway to Legal Aid (Custody Issues Scheme)

Date: Jan 28, 2026

Serial Judicial Review as Abuse of Process: Res Judicata, Non‑Reviewability of High Court Decisions, and “Arguability” as the Gateway to Legal Aid (Custody Issues Scheme) 1. Introduction Rogers v The...

Late PIA Invocation Will Not Deflect Bankruptcy: Full Disclosure and Credible Evidence Required Under s.14(2)

Date: Jan 28, 2026

Late PIA Invocation Will Not Deflect Bankruptcy: Full Disclosure and Credible Evidence Required Under s.14(2) 1. Introduction Gradual Investments Limited v Conor Clarkson (Re: Clarkson [A Bankrupt]...

Challenge to Receiver Appointment Is Not “a Claim to an Estate or Interest in Land” for Lis Pendens Purposes (s.121(2)(a) LCLRA 2009)

Date: Jan 28, 2026

Challenge to Receiver Appointment Is Not “a Claim to an Estate or Interest in Land” for Lis Pendens Purposes (s.121(2)(a) LCLRA 2009) Case: Goldstein Property ICAV v RELM Loan Opportunities 2...

POCA s.3 “Mixed Asset” Rule: Entire Property May Be Frozen Where Partly Crime-Funded, With Equity Managed at Disposal

Date: Jan 28, 2026

POCA s.3 “Mixed Asset” Rule: Entire Property May Be Frozen Where Partly Crime-Funded, With Equity Managed at Disposal Case: Criminal Assets Bureau v Humphreys (Approved) [2026] IEHC 20 Court: High...

Legally Aided Parents in Special Care Proceedings: Costs Must Be Determined “As If” No Legal Aid (s.33 Civil Legal Aid Act 1995)

Date: Jan 28, 2026

Legally Aided Parents in Special Care Proceedings: Costs Must Be Determined “As If” No Legal Aid (s.33 Civil Legal Aid Act 1995) Case: The Child and Family Agency v D and Ors (Approved) | Citation:...

Nationwide Reach of District/Circuit Isaac Wunder Orders and the High Court’s Inherent Anti‑Vexation Injunction (Not a “Protective” Jurisdiction)

Date: Jan 28, 2026

Nationwide Reach of District/Circuit Isaac Wunder Orders and the High Court’s Inherent Anti‑Vexation Injunction (Not a “Protective” Jurisdiction) Case: M v M (Approved) | Court: Supreme Court of...

Isaac Wunder Orders in Child Access and Maintenance Cases: Proportionate “Filtering” and the (Limited) Power of the District and Circuit Courts

Date: Jan 28, 2026

Isaac Wunder Orders in Child Access and Maintenance Cases: Proportionate “Filtering” and the (Limited) Power of the District and Circuit Courts Case: M v M (Approved) | Court: Supreme Court of...

IPAT Late-Appeal Extensions: No Duty to Invite Further Particulars and No Power to Reopen a Refusal

Date: Jan 28, 2026

IPAT Late-Appeal Extensions: No Duty to Invite Further Particulars and No Power to Reopen a Refusal 1. Introduction YSA v The International Protection Appeals Tribunal and Anor [2026] IEHC 39 is a...

No implied 28-day minimum in s.51(2) deportation orders; short “leave period” lawful if reasonable and effective remedy remains available

Date: Jan 28, 2026

No implied 28-day minimum in s.51(2) deportation orders; short “leave period” lawful if reasonable and effective remedy remains available Case: T.M. (South Africa) v The Minister For Justice and...

Totality in Multi-Count Child Sexual Offences: Standalone Lead-Offence Calibration and Proportionate Uplift (R v Stuber)

Date: Jan 28, 2026

Totality in Multi-Count Child Sexual Offences: Standalone Lead-Offence Calibration and Proportionate Uplift (R v Stuber) 1. Introduction R v Stuber ([2026] EWCA Crim 115) is a Court of Appeal...

Cross-Examination in Judicial Review Confined to Genuine Factual Conflicts or Credibility/Reliability Challenges (Not Interpretations or Inferences)

Date: Jan 28, 2026

Cross-Examination in Judicial Review Confined to Genuine Factual Conflicts or Credibility/Reliability Challenges (Not Interpretations or Inferences) 1) Introduction Ethical Farming Ireland v Minister...

“Obvious Reasons” and the Mandatory “Shall Not Extend” Threshold: IPAT Time-Extension Refusals Upheld Where Solicitor Oversight Is Not “Special Circumstances”

Date: Jan 28, 2026

“Obvious Reasons” and the Mandatory “Shall Not Extend” Threshold: IPAT Time-Extension Refusals Upheld Where Solicitor Oversight Is Not “Special Circumstances” 1. Introduction SMMZ v The International...

Totality Requires a Real Uplift Where Multiple Child Sexual Offences Are Sentenced Concurrently (R v Morgan [2026] EWCA Crim 94)

Date: Jan 28, 2026

Totality Requires a Real Uplift Where Multiple Child Sexual Offences Are Sentenced Concurrently R v Morgan [2026] EWCA Crim 94 (CA (Crim Div), 27 January 2026) 1. Introduction R v Morgan is an unduly...

Mercy Not “Undue Leniency”: Youth (18–25) and Genuine Rehabilitation Can Justify a Suspended Sentence in an Exceptional Position-of-Trust Sexual Offending Case

Date: Jan 28, 2026

Mercy Not “Undue Leniency”: Youth (18–25) and Genuine Rehabilitation Can Justify a Suspended Sentence in an Exceptional Position-of-Trust Sexual Offending Case 1. Introduction This judgment of the...

Majid, R. v — Sentencing Limits Where a Jury Acquits on a Bladed-Article Count: Consistency, “Taking a Weapon to the Scene,” and Premeditation under Schedule 21

Date: Jan 28, 2026

Majid, R. v — Sentencing Limits Where a Jury Acquits on a Bladed-Article Count: Consistency, “Taking a Weapon to the Scene,” and Premeditation under Schedule 21 1. Introduction This appeal concerned...

Undue Leniency and Extended Sentences: “Bell” Deference, Guideline Flexibility, and Scrutiny of Risk Assessments

Date: Jan 27, 2026

Undue Leniency and Extended Sentences: “Bell” Deference, Guideline Flexibility, and Scrutiny of Risk Assessments 1. Introduction His Majesty’s Advocate v Michael Patrick Harvey ([2026] HCJAC 3) is a...

EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches)

Date: Jan 27, 2026

EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches) 1. Introduction Hampshire...

Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay

Date: Jan 27, 2026

Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay 1. Introduction The Federal Republic of Nigeria v VR Global Partners...

Foran v An Coimisiún Pleanála: Evidence, “Have Regard”, and Climate-Consistency Challenges in Planning JR

Date: Jan 24, 2026

Foran v An Coimisiún Pleanála: Evidence, “Have Regard”, and Climate-Consistency Challenges in Planning Judicial Review 1) Introduction Foran v An Coimisiún Pleanála & Glenveagh [2026] IEHC 23 is a...