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

Costs Where Return Order Judicial Review Becomes Moot by Ministerial Non-Execution Within s.51C(2): “Unilateral Inaction” as the Costs-Triggering Event

Date: Jul 22, 2026

Costs Where Return Order Judicial Review Becomes Moot by Ministerial Non-Execution Within s.51C(2): “Unilateral Inaction” as the Costs-Triggering Event 1) Introduction In A.I. v The Minister For...

Publicly Funded Employers: Internal Employment Grievances Are Not Readily Amenable to Judicial Review and Statutory Remedies Must Be Exhausted

Date: Jul 22, 2026

Publicly Funded Employers: Internal Employment Grievances Are Not Readily Amenable to Judicial Review and Statutory Remedies Must Be Exhausted Case: Quinn v Galway Rural Development Company by...

Late Criminal Appeals and Modified Good Character Directions Where Bad Character Evidence of Sexual Misconduct Is Admitted

Date: Jul 22, 2026

Late Criminal Appeals and Modified Good Character Directions Where Bad Character Evidence of Sexual Misconduct Is Admitted Case: Adams, R. v Court: England and Wales Court of Appeal (Criminal...

Consumer Unfair-Terms Review at the Enforcement Stage Does Not Revive Collateral Challenges to Final Possession Orders

Date: Jul 22, 2026

Consumer Unfair-Terms Review at the Enforcement Stage Does Not Revive Collateral Challenges to Final Possession Orders 1. Introduction In Murphy v Start Mortgages Designated Activity Company...

Aged-Out Child Defendants: Blameworthy Delay Does Not Justify Prohibition Absent Exceptional Prejudice; Gilchrist-Type Orders May Mitigate Lost Anonymity

Date: Jul 21, 2026

Aged-Out Child Defendants: Blameworthy Delay Does Not Justify Prohibition Absent Exceptional Prejudice; Gilchrist-Type Orders May Mitigate Lost Anonymity 1) Introduction In P.M. v The Director Of...

TCAW Surrender to the UK: No Mutual Trust Presumption; EncroChat Admissibility Differences Do Not Establish Article 6 Risk Without Cogent Evidence

Date: Jul 21, 2026

TCAW Surrender to the UK: No Mutual Trust Presumption; EncroChat Admissibility Differences Do Not Establish Article 6 Risk Without Cogent Evidence 1) Introduction In Minister for Justice, Home...

Threshold for Invoking the High Court’s Inherent Jurisdiction: Credible Evidence of Incapacity as a شرط precedent to Intrusive Protective Orders

Date: Jul 21, 2026

Threshold for Invoking the High Court’s Inherent Jurisdiction: Credible Evidence of Incapacity as a Precondition to Intrusive Protective Orders Introduction In T.S v B.S and Ors (Approved) [2026]...

Blameworthy “Aged-Out” Delay: Comparator Evidence Supports Only a Lost Opportunity Under s.75 Children Act 2001, Not Prohibition of Trial

Date: Jul 21, 2026

Blameworthy “Aged-Out” Delay: Comparator Evidence Supports Only a Lost Opportunity Under s.75 Children Act 2001, Not Prohibition of Trial 1) Introduction In S.B. v The Director Of Public Prosecutions...

Judicial Review Will Not Reopen County Court Possession Litigation Absent Frustration or Corruption of the Judicial Process

Date: Jul 20, 2026

Judicial Review Will Not Reopen County Court Possession Litigation Absent Frustration or Corruption of the Judicial Process 1. Introduction In Nash, R (On the Application Of) v Brighton County Court...

Material Conformity (Not Pedantry) in On‑Demand Performance Bond Demands: Additional Detail and Signature Descriptions

Date: Jul 20, 2026

Material Conformity (Not Pedantry) in On‑Demand Performance Bond Demands: Additional Detail and Signature Descriptions 1) Introduction In The Renaissance Club at Archerfield, LLP v BVB Sureties...

T and F (Placement Orders: Child's Permanence Reports) [2026] EWCA Civ 902 — Procedural irregularity in non-service of permanence reports and the “unjust outcome” test

Date: Jul 20, 2026

Non-service of a Child’s Permanence Report is a Serious Irregularity, but an Appeal Succeeds Only if the Placement Order Was “Unjust” as a Result Case: T and F (Placement Orders: Child's Permanence...

Competency of Joint Conclusions for Indivisible Loss: Joint and Several Expenses as Recoverable Group Damages

Date: Jul 20, 2026

Competency of Joint Conclusions for Indivisible Loss: Joint and Several Expenses as Recoverable Group Damages 1) Introduction In Fiona Drouet and others against BTO Solicitors LLP [2026] CSOH 66, the...

Single Medical-Award-Per-Household Housing Allocations Can Be Equality-Compliant: PSED Is Process Not Outcome

Date: Jul 20, 2026

Single Medical-Award-Per-Household Housing Allocations Can Be Equality-Compliant: PSED Is Process Not Outcome 1) Introduction In BC, qua the Financial and Welfare Guardian of CC (AP) against West...

Late Disclosure, “Alternative Perpetrator” Bad Character, and the High Threshold for Unfair-Trial/Stays in Complex Conspiracy Trials

Date: Jul 18, 2026

Late Disclosure, “Alternative Perpetrator” Bad Character, and the High Threshold for Unfair-Trial/Stays in Complex Conspiracy Trials 1. Introduction In Nuttall & Anor, R. v [2026] EWCA Crim 1013, the...

Custody is Inevitable for Serious Indecent Images Offending Involving Intrafamilial Production and High-Volume Distribution: R v SIQ [2026] EWCA Crim 1096

Date: Jul 18, 2026

Custody is Inevitable for Serious Indecent Images Offending Involving Intrafamilial Production and High‑Volume Distribution Case: R v SIQ Neutral citation: [2026] EWCA Crim 1096 Court: England and...

Sentencing for s.18 GBH: Vehicle-as-Weapon Culpability and When “Excessive Self-Defence” Must Be Resolved by a Newton Hearing

Date: Jul 18, 2026

Sentencing for s.18 GBH: Vehicle-as-Weapon Culpability and When “Excessive Self-Defence” Must Be Resolved by a Newton Hearing 1. Introduction In Rex v Sunil Shah ([2026] EWCA Crim 1073), the Court of...

Objective Bias in European Arrest Warrant Proceedings: Adverse Rulings and Robust Case Management Do Not Ground Recusal

Date: Jul 18, 2026

Objective Bias in European Arrest Warrant Proceedings: Adverse Rulings and Robust Case Management Do Not Ground Recusal Case: Minister for Justice, Home Affairs and Migration v Gruchacz (Approved)...

Sentencing Sexual Assault: “Abduction” as Control and “Severe Psychological Harm” Including Trial Re‑Traumatisation

Date: Jul 18, 2026

Sentencing Sexual Assault: “Abduction” as Control and “Severe Psychological Harm” Including Trial Re‑Traumatisation Introduction In R v Al-Hassan & Anor [2026] EWCA Crim 1070, the Court of Appeal...

Section 60 Interim Suspension: Uncertain Professional Indemnity and High-Risk Controlled-Drug Prescribing as Standalone Public-Protection Grounds

Date: Jul 18, 2026

Section 60 Interim Suspension: Uncertain Professional Indemnity and High-Risk Controlled-Drug Prescribing as Standalone Public-Protection Grounds Court High Court of Ireland Judge Mr Justice David...

Liberal Amendment of Pleadings Where Discovery Reveals Further Contractual Breaches: Subject-Matter Connection and “Belated Alteration” Prejudice

Date: Jul 17, 2026

Liberal Amendment of Pleadings Where Discovery Reveals Further Contractual Breaches: Subject-Matter Connection and “Belated Alteration” Prejudice 1) Introduction In Recorded Artists Actors Performers...