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

Certification to Appeal Refused: Fact-Specific Oral-Hearing Fairness Findings in IPAT Appeals Do Not Meet the “Exceptional Public Importance” Threshold

Date: Jul 25, 2026

Certification to Appeal Refused: Fact-Specific Oral-Hearing Fairness Findings in IPAT Appeals Do Not Meet the “Exceptional Public Importance” Threshold 1) Introduction This decision of the High Court...

WFD “Best Available Monitoring Data” Duty and Re-examination of Ireland’s EIA “Preliminary Examination” for Sub-threshold Housing

Date: Jul 25, 2026

WFD “Best Available Monitoring Data” Duty and Re-examination of Ireland’s EIA “Preliminary Examination” for Sub-threshold Housing Case: Shorten v An Coimisiun Pleanala and Ors (Approved) [2026] IEHC...

Domestic abuse ABH sentencing: justified uplift and when failure to tick every suspension factor is cured by appellate cross-check

Date: Jul 25, 2026

Domestic abuse ABH sentencing: justified uplift and when failure to tick every suspension factor is cured by appellate cross-check 1) Introduction In R v Nagy [2026] EWCA Crim 1120, the Court of...

Section 117C(6): Severe Child Autism and Primary Care Realities Can Amount to “Very Compelling Circumstances”; Limited Role for OASys Risk Predictions

Date: Jul 24, 2026

Section 117C(6): Severe Child Autism and Primary Care Realities Can Amount to “Very Compelling Circumstances”; Limited Role for OASys Risk Predictions Case: Secretary of State for the Home Department...

Cross-examination in Judicial Review where Credibility Drives Standing and Extension of Time

Date: Jul 24, 2026

Cross-examination in Judicial Review where Credibility Drives Standing and Extension of Time 1) Introduction In Z. M. v The Minister for Justice, Home Affairs and Migration (Approved) [2026] IEHC...

Section 3 of the 2013 Act: Circuit Court Jurisdiction Turns on Principal Private Residence Status When Proceedings Issue

Date: Jul 24, 2026

Section 3 of the 2013 Act: Circuit Court Jurisdiction Turns on Principal Private Residence Status When Proceedings Issue 1) Introduction In [2026] IEHC 529, Ms Justice Marguerite Bolger determined a...

EUTM Online “Targeting” and Irish Jurisdiction: “Reasonable Presumption” Requires Active Conduct, Not Mere Accessibility

Date: Jul 24, 2026

EUTM Online “Targeting” and Irish Jurisdiction: “Reasonable Presumption” Requires Active Conduct, Not Mere Accessibility Case: Easy Group Ltd and Anor v Easy Fundraising Ltd and Anor (Approved)...

Use of a Prior Section 18 Guilty Plea in a Later Murder Trial: When a Special “Previous Conviction” Direction Is Unnecessary

Date: Jul 24, 2026

Use of a Prior Section 18 Guilty Plea in a Later Murder Trial: When a Special “Previous Conviction” Direction Is Unnecessary Case: Twigg, R. v Neutral citation: [2026] EWCA Crim 1052 Court: Court of...

Without-prejudice settlement communications do not restart the mortgage limitation period under the Statute of Limitations 1957

Date: Jul 24, 2026

Without-prejudice settlement communications do not restart the mortgage limitation period under the Statute of Limitations 1957 1) Introduction In Kelly v Fennell & Ors; Havbell Designated Activity...

Voluntary Drug Abuse, High “Retained Responsibility”, and the Appropriateness of a Section 45A Hybrid Life Sentence for Diminished-Responsibility Manslaughter

Date: Jul 24, 2026

Voluntary Drug Abuse, High “Retained Responsibility”, and the Appropriateness of a Section 45A Hybrid Life Sentence for Diminished-Responsibility Manslaughter 1) Introduction R v Bauld [2026] EWCA...

Mortgagee Exclusion in Section 106 Affordable Housing Obligations: Registered Provider Status Tested at Mortgage Creation, Not at Sale

Date: Jul 23, 2026

MORTGAGEE EXCLUSION IN SECTION 106 AFFORDABLE HOUSING OBLIGATIONS: REGISTERED PROVIDER STATUS TESTED AT MORTGAGE CREATION, NOT AT SALE Case: Westminster City Council v Gems House Residences Chiltern...

Extraterritorial ECHR Jurisdiction and Nationality Decisions: No Article 1 “Jurisdiction” Where an Overseas Applicant Has No UK-Based Private Life or UK Control Over the Person

Date: Jul 23, 2026

Extraterritorial ECHR Jurisdiction and Nationality Decisions: No Article 1 “Jurisdiction” Where an Overseas Applicant Has No UK-Based Private Life or UK Control Over the Person 1. Introduction In R...

Privilege-Hunting as an Abuse of Process: Covertly Targeting an Opponent’s Solicitor Justifies Discharge of Freezing Orders

Date: Jul 23, 2026

Privilege-Hunting as an Abuse of Process: Covertly Targeting an Opponent’s Solicitor Justifies Discharge of Freezing Orders Case: Salinas Pliego & Anor v Astor Asset Management 3 Ltd & Ors [2026]...

Moorwand Ltd v Hamblin & Ors [2026] EWCA Civ 942 — Appellate restraint in Quincecare “put on inquiry” findings and demand-based limits on s.35A interest for account reconstitution

Date: Jul 23, 2026

Appellate restraint in Quincecare “put on inquiry” findings and demand-based limits on s.35A interest for account reconstitution Case: Moorwand Ltd v Hamblin & Ors Citation: [2026] EWCA Civ 942...

Relevant-date valuation in Scottish divorce: rejecting forced-sale discounts and post-date market “prisms” for trading-stock companies

Date: Jul 23, 2026

Relevant-date valuation in Scottish divorce: no forced-sale discount or post-date market “prism” for share valuations in trading-stock companies Court: Outer House, Court of Session (Scotland)...

Part 5 “New Matter” Consent Limits the Tribunal’s Article 8 / s.117B(6) Assessment

Date: Jul 23, 2026

Part 5 “New Matter” Consent Limits the Tribunal’s Article 8 / s.117B(6) Assessment Case: Rahim & Anor v Secretary of State for the Home Department [2026] EWCA Civ 930 Court: Court of Appeal (Civil...

Appellate restraint and documentary “cogency”: discussions of profit share do not establish a redevelopment partnership without a concluded, certain agreement

Date: Jul 23, 2026

Appellate restraint and documentary “cogency”: discussions of profit share do not establish a redevelopment partnership without a concluded, certain agreement 1) Introduction In EJW Builders Ltd &...

Foreign-Judgment Res Judicata in Ireland: Material Change of Circumstances and Strict Proof of Corporate Privity

Date: Jul 23, 2026

Foreign-Judgment Res Judicata in Ireland: Material Change of Circumstances and Strict Proof of Corporate Privity 1) Introduction This decision of the High Court (Quinn J.) in Ryanair Designated...

Contextual “Life‑Sustaining Treatment” Test under s.89 Assisted Decision‑Making (Capacity) Act 2015 and Capacity-Based Invalidity of Advance Healthcare Directives

Date: Jul 23, 2026

Contextual “Life‑Sustaining Treatment” under s.89 ADM(C)A 2015: Jurisdiction, Interim Treatment, and Capacity as a Ground of AHD Invalidity Case: Health Service Executive v MM (A Person Lacking...

Common-law damages for non-penetrative childhood sexual abuse: cumulative injury, trust betrayal, and no separate aggravated award where factors are integrated

Date: Jul 23, 2026

Common-law damages for non-penetrative childhood sexual abuse: cumulative injury and trust betrayal, with no separate aggravated award where factors are integrated into compensation Case: Odumosu v...