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

[2026] EWCA Crim 903 – Hearsay from a Deceased Witness and “Mere Presence” in Joint Enterprise: Admissible Statement, but No Case to Answer for Alleged Secondary Party

Date: Jul 17, 2026

Hearsay from a Deceased Witness May Be Admitted Despite Credibility Attacks, but “Mere Presence” (Including Blocking a Doorway Momentarily) Is Insufficient for Joint Enterprise Secondary Liability 1)...

Misleading Headlines/Images as Unfair Processing: Editors’ Code Shapes UK GDPR Fairness and Limits Charleston in Media Data Claims

Date: Jul 17, 2026

Misleading Headlines/Images as Unfair Processing: Editors’ Code Shapes UK GDPR Fairness and Limits Charleston in Media Data Claims Case: Vince v Associated Newspapers Ltd Neutral citation: [2026]...

Holistic “Integration” and Self-Evident “Very Significant Obstacles” in Medium-Offender Deportation Appeals

Date: Jul 17, 2026

Holistic “Integration” and Self-Evident “Very Significant Obstacles” in Medium-Offender Deportation Appeals Case: Dabo v Secretary of State for the Home Department [2026] EWCA Civ 907 Court: Court of...

Section 172 Good Faith Requires Loyal Conduct, Not Merely Genuine Belief

Date: Jul 17, 2026

Section 172 Good Faith Requires Loyal Conduct, Not Merely Genuine Belief Introduction In Saxon Woods Investments Ltd & Ors v Costa [2026] UKSC 21, the United Kingdom Supreme Court clarified an...

Totality Requires a Real Downward Adjustment for Consecutive County-Lines Sentences on Young Adults

Date: Jul 17, 2026

Totality Requires a Real Downward Adjustment for Consecutive County-Lines Sentences on Young Adults Introduction In Rennie-Owosu, R. v [2026] EWCA Crim 1121, the Court of Appeal (Criminal Division)...

Developer liability for foreseeable tree-root uplift after taking-in-charge; nonfeasance bars claim against road authority absent misfeasance

Date: Jul 17, 2026

Developer Liability for Foreseeable Tree-Root Uplift Hazards After a Road is Taken in Charge; Nonfeasance Bars a Claim Against the Road Authority Absent Misfeasance or Notice 1) Introduction Loua v...

Ability-to-Pay Challenges to Fines and Costs: Defendants Must Provide Proper Financial Disclosure and Cannot “Save” Evidence for Appeal

Date: Jul 17, 2026

Ability-to-Pay Challenges to Fines and Costs: Defendants Must Provide Proper Financial Disclosure and Cannot “Save” Evidence for Appeal 1. Introduction In Freeland & Anor, R. v [2026] EWCA Crim 1006,...

Fresh pathology after discovery of a body: “unascertained” cause of death does not, without more, render a murder conviction unsafe or require manslaughter to be left

Date: Jul 17, 2026

Fresh pathology after discovery of a body: “unascertained” cause of death does not, without more, render a murder conviction unsafe or require manslaughter to be left 1) Introduction Case: R. v...

Renewed Criminal Appeal Applications: Extension of Time Refused Where Delay Is Inordinate, Unexplained, and the Appeal Is Unarguable

Date: Jul 17, 2026

Renewed Criminal Appeal Applications: Extension of Time Refused Where Delay Is Inordinate, Unexplained, and the Appeal Is Unarguable 1. Introduction In R v Wambugu [2026] EWCA Crim 1124, the Court of...

Joinder of a Connected “Phoenix” Company to Protect the Efficacy of the Court’s Process (Order 15, r.13; limitation only if clearly and manifestly barred)

Date: Jul 16, 2026

Joinder of a Connected “Phoenix” Company to Protect the Efficacy of the Court’s Process (Order 15, r.13; limitation only if clearly and manifestly barred) Court: High Court of Ireland Neutral...

Training-fee clawback schemes can engage restraint of trade and be unenforceable where they operate as a broad post-employment financial fetter

Date: Jul 16, 2026

Training-fee clawback schemes can engage restraint of trade and be unenforceable where they operate as a broad post-employment financial fetter 1. Introduction Geeks Ltd v Watts [2026] EWCA Civ 889...

Omnibus Hearings and Extension of Time in Immigration Judicial Review: Merits and Post-Leave Conduct as Certifiable Points of Exceptional Public Importance

Date: Jul 16, 2026

Omnibus Hearings and Extension of Time in Immigration Judicial Review: Merits and Post-Leave Conduct as Certifiable Points of Exceptional Public Importance Introduction G (Angola) (Leave To Appeal) v...

Follow-on cartel damages: binding force of Commission recitals (including post-leniency “play-along”), adverse inferences, and counterfactual causation without naming the missing bidder

Date: Jul 16, 2026

Follow-on cartel damages: binding force of Commission recitals (including post-leniency “play-along”), adverse inferences, and counterfactual causation without naming the missing bidder 1)...

“Public Domain” in NDAs Means “Generally Accessible”: Narrowing the Public-Domain Carve-Out for Confidential Investment Concepts

Date: Jul 16, 2026

“Public Domain” in NDAs Means “Generally Accessible”: Narrowing the Public-Domain Carve-Out for Confidential Investment Concepts Case: IlliquidX Ltd v Altana Wealth & Ors Neutral citation: [2026]...

Inherent Jurisdiction to Compel Disclosure of Suspected Unlawful Litigation Funding (Maintenance/Champerty)

Date: Jul 16, 2026

Inherent Jurisdiction to Compel Disclosure of Suspected Unlawful Litigation Funding (Maintenance/Champerty) Case: QPQ Ltd v Schute [Otherwise Known as Geert Schute] (Approved) Citation: [2026] IEHC...

Credibility First: Irish LGBTQI+ Participation and Malawi COI Cannot Cure Core Inconsistencies at Leave Stage in SOGI Protection JR

Date: Jul 16, 2026

Credibility First: Irish LGBTQI+ Participation and Malawi COI Cannot Cure Core Inconsistencies at Leave Stage in SOGI Protection JR Case: K.L. v The International Protection Appeals Tribunal and Anor...

Section 49 IHTA 1984 Does Not Attribute Trustees’ Debts to the Life Tenant: No FA 1986 s103 Abatement for Home Loan Scheme Notes

Date: Jul 16, 2026

Section 49 IHTA 1984 Does Not Attribute Trustees’ Debts to the Life Tenant: No FA 1986 s103 Abatement for Home Loan Scheme Notes 1. Introduction In Elborne & Ors v The Commissioners for HMRC [2026]...

Real-risk standard governs access to state protection: correcting AB (Jamaica) witness protection guidance

Date: Jul 16, 2026

Real-risk standard governs access to state protection: correcting AB (Protection, criminal gangs, internal relocation) Jamaica CG [2007] UKAIT 00018 witness protection guidance 1) Introduction In...

Imminent Medico‑Legal Evidence and the Legality of Removal: Liberal Amendment and a Tightly‑Controlled Injunction Pending Trial

Date: Jul 16, 2026

Imminent Medico‑Legal Evidence and the Legality of Removal: Liberal Amendment and a Tightly‑Controlled Injunction Pending Trial Case: S.H.E. v The International Protection Appeals Tribunal and Ors...

Common Law Duty to Consult Small, Identifiable Vulnerable Service Users Before Closure; Limits on Using Senior Courts Act 1981 s 31(2A) to Withhold Relief for Non‑Consultation

Date: Jul 16, 2026

Common Law Duty to Consult Small, Identifiable Vulnerable Service Users Before Closure; Limits on Using Senior Courts Act 1981 s 31(2A) to Withhold Relief for Non‑Consultation Case: BUJ, R (On the...