material-prejudice-as-the-touchstone-of-procedural-fairness Case Commentaries

Foreign-Judgment Issue Estoppel Is Governed by the Lex Fori, Not Rome II

Date: Oct 6, 2026

Foreign-Judgment Issue Estoppel Is Governed by the Lex Fori, Not Rome II Case: Aviator LLC & Ors v Spribe OÜ [2026] EWCA Civ 1224 Court: Court of Appeal of England and Wales (Civil Division) Date: 2...

Fiduciary Non-Disclosure Is Not a Freestanding Wrong: Informed Consent Requires Material Understanding, Not Exhaustive Detail

Date: Oct 5, 2026

Fiduciary Non-Disclosure Is Not a Freestanding Wrong: Informed Consent Requires Material Understanding, Not Exhaustive Detail Case: GI Globinvestment Ltd & Anor v XY ERS UK Ltd Citation: [2026] EWCA...

Blind-Eye Dishonesty Requires Targeted Suspicion and a Deliberate Decision Not to Inquire

Date: Oct 5, 2026

Blind-Eye Dishonesty Requires Targeted Suspicion and a Deliberate Decision Not to Inquire Case: Grosvenor Property Developers Ltd v Portner Law Ltd Citation: [2026] EWCA Civ 1238 Court: Court of...

Collective Dock-Owner Limitation Funds Fall Outside Schedule 8 and Require Prior Legal Proceedings

Date: Oct 3, 2026

Collective Dock-Owner Limitation Funds Fall Outside Schedule 8 and Require Prior Legal Proceedings Case: Dales Marine Services LTD against The United States of America and others Court: Outer House,...

Child Focused Courts Change Procedure, Not Domestic-Abuse Safeguards: Fact-Finding Must Be Driven by Welfare Necessity

Date: Oct 1, 2026

Child Focused Courts Change Procedure, Not Domestic-Abuse Safeguards: Fact-Finding Must Be Driven by Welfare Necessity Case: Re C (Child Arrangements Orders; Domestic Abuse; Child Focused Court)...

Competing Extradition Requests: Section 179 Does Not Require Representations on the Requested Person’s Private Interests

Date: Oct 1, 2026

Competing Extradition Requests: Section 179 Does Not Require Representations on the Requested Person’s Private Interests Case: Coelho, R (On the Application Of) v Secretary of State for the Home...

Digital Evidence Already Tested at Trial Does Not Permit an Appellate Retrial of Credibility

Date: Sep 30, 2026

Digital Evidence Already Tested at Trial Does Not Permit an Appellate Retrial of Credibility Case: Rafter, R. v Citation: [2026] EWCA Crim 1225 Court: Court of Appeal (Criminal Division) Date: 29...

Neutral Evidence of Penetration Can Corroborate the Whole Allegation of Rape

Date: Sep 30, 2026

Neutral Evidence of Penetration Can Corroborate the Whole Allegation of Rape Case: Majesty's Advocate v PK Citation: [2026] HCJAC 42 Court: Appeal Court, High Court of Justiciary Date: 25 September...

Greater Foreign Connection Does Not Justify Sisting an Advanced Scottish Divorce Action Where the Foreign Proceedings Are Uncertain and Delay Would Cause Unfairness

Date: Sep 30, 2026

Greater Foreign Connection Does Not Justify Sisting an Advanced Scottish Divorce Action Where the Foreign Proceedings Are Uncertain and Delay Would Cause Unfairness Case: NS against PSC Citation:...

A Non-Party Whose Legal Interests Are Directly Prejudiced by an Order May Seek Its Reversal Under CPR 40.9

Date: Sep 30, 2026

A Non-Party Whose Legal Interests Are Directly Prejudiced by an Order May Seek Its Reversal Under CPR 40.9 Case: Jones v Persons Unknown Citation: [2026] EWCA Civ 1212 Court: Court of Appeal of...

Immigration Guidance Expressly Subject to Change and the Rules Cannot Found a Contrary Legitimate Expectation

Date: Sep 25, 2026

Immigration Guidance Expressly Subject to Change and the Rules Cannot Found a Contrary Legitimate Expectation Citation: [2026] CSOH 91 Court: Outer House, Court of Session Judge: Lord Harrower Date:...

Contractual Cure Notices Must Identify the Material Obligation Breached and Strictly Comply Where Termination Consequences Are Drastic

Date: Sep 25, 2026

Contractual Cure Notices Must Identify the Material Obligation Breached and Strictly Comply Where Termination Consequences Are Drastic Case: William Campbell Recycling LTD against Scottish Society...

Minimum-Term Reviews for Childhood Murder May Be Limited by Age at Sentencing

Date: Sep 23, 2026

Minimum-Term Reviews for Childhood Murder May Be Limited by Age at Sentencing R (on the application of Quaye) v Secretary of State for Justice [2026] UKSC 34, United Kingdom Supreme Court, 22...

Delay and Procedural Irregularity: When an Appellate Judgment Will Not Be Set Aside Absent “Unsafe” Conclusions

Date: Sep 23, 2026

Delay and Procedural Irregularity: When an Appellate Judgment Will Not Be Set Aside Absent “Unsafe” Conclusions Introduction Patel v General Optical Council [2026] EWCA Civ 1206 is a Court of Appeal...

PD 6B “Enactment Gateway” does not permit service out of free-standing freezing order applications relying on s.37 Senior Courts Act 1981

Date: Sep 23, 2026

PD 6B “Enactment Gateway” does not permit service out of free-standing freezing order applications relying on s.37 Senior Courts Act 1981 Case: Gilbert & Anor v Broadoak Private Finance Ltd [2026]...

Part 18 Cannot Be Used in a Solicitor-and-Own-Client Assessment to Investigate ATE Commissions: Certification Under s.70(7) Is Limited to Payments/Set-Off Relevant to the Assessed Bill

Date: Sep 23, 2026

Part 18 Cannot Be Used in a Solicitor-and-Own-Client Assessment to Investigate ATE Commissions: Certification Under s.70(7) Is Limited to Payments/Set-Off Relevant to the Assessed Bill Case: Turner v...

Negligent Acceleration of Death Satisfies Section 3 of the Damages (Scotland) Act 2011

Date: Sep 19, 2026

Negligent Acceleration of Death Satisfies Section 3 of the Damages (Scotland) Act 2011 Court: Outer House, Court of Session Judge: Lord Harrower Neutral citation: [2026] CSOH 89 Date: 18 September...

A CFA-Lite Can Support Recovery Above Criminal Legal Aid Rates in High Court Contempt Proceedings

Date: Sep 19, 2026

A CFA-Lite Can Support Recovery Above Criminal Legal Aid Rates in High Court Contempt Proceedings Case: McGivern v MBR Acres Ltd & Ors [2026] EWCA Civ 1202 Court: Court of Appeal (Civil Division) |...

Extended Licence Terms Are Upheld Where Public Protection Justifies a Sentence Within the Reasonable Range

Date: Sep 19, 2026

Extended Licence Terms Are Upheld Where Public Protection Justifies a Sentence Within the Reasonable Range Case: R v McKenna (Rev1) [2026] NICA 39 Court: Court of Appeal in Northern Ireland | Date:...

Costs against the Parole Board for administrative parole delay: Davies/Gourlay neutrality protection does not apply to HRA damages claims

Date: Sep 18, 2026

Costs against the Parole Board for administrative parole delay: Davies/Gourlay neutrality protection does not apply to HRA damages claims Case: Fitzgerald, R (On the Application Of) v Parole Board...