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

Intentional-Damage Particulars in a European Arrest Warrant Satisfy Irish “Correspondence” Without Further Proof of Mens Rea or Absence of Lawful Excuse

Date: Jul 16, 2026

Intentional-Damage Particulars in a European Arrest Warrant Satisfy Irish “Correspondence” Without Further Proof of Mens Rea or Absence of Lawful Excuse 1) Introduction Minister For Justice, Home...

Credibility Findings Must Be Grounded in Country-of-Origin Context and Not Speculation: A.H.O. v IPAT

Date: Jul 16, 2026

Credibility Findings Must Be Grounded in Country-of-Origin Context and Not Speculation 1) Introduction In A.H.O. v The International Protection Appeals Tribunal and Anor (Approved) [2026] IEHC 469,...

Net Value First: No “Netting-Off” Beyond s 10(2) in Matrimonial Property Division (Family Law (Scotland) Act 1985)

Date: Jul 16, 2026

Net Value First: No “Netting-Off” Beyond s 10(2) in Matrimonial Property Division (Family Law (Scotland) Act 1985) 1. Introduction This Inner House decision ([2026] CSIH 38, Extra Division, Lady...

Maintenance Variation Requires Material Change and Full, Frank Disclosure: Applicant’s Failure of Transparency Defeats Section 18 Relief

Date: Jul 16, 2026

Maintenance Variation Requires Material Change and Full, Frank Disclosure: Applicant’s Failure of Transparency Defeats Section 18 Relief Case: P.Q. v R.Q. (maintenance variation; section 16(2) and...

Life-threatening Harm under the Section 18 Guideline: “Immediate Intervention” Injuries and Section 63 Intended/Foreseeable Harm Can Justify Category 1

Date: Jul 16, 2026

Life-threatening Harm under the Section 18 Guideline: “Immediate Intervention” Injuries and Section 63 Intended/Foreseeable Harm Can Justify Category 1 1) Introduction R v Green [2026] EWCA Crim 1003...

Stays Pending Judicial Review in International Protection: A Stay Will Be Refused Where IPAT Can Cure Alleged IPO Defects by Full Ex Nunc Appeal

Date: Jul 15, 2026

Stays Pending Judicial Review in International Protection: A Stay Will Be Refused Where IPAT Can Cure Alleged IPO Defects by Full Ex Nunc Appeal Case: O.A.S.A. v The Chief International Protection...

Key Non‑Party Actor Must Be Treated as a “Custodian” for Discovery, and Discovery Must Extend Beyond a Transaction Date Where the Category Is Open‑Ended

Date: Jul 15, 2026

Key Non‑Party Actor Must Be Treated as a “Custodian” for Discovery, and Discovery Must Extend Beyond a Transaction Date Where the Category Is Open‑Ended Case: National Paediatric Hospital Development...

Settlement “line in the sand” can restrain a reopened protected-disclosure investigation: s.6A imposes no open-ended duty to re-investigate

Date: Jul 15, 2026

Settlement “line in the sand” can restrain a reopened protected-disclosure investigation: s.6A imposes no open-ended duty to re-investigate Introduction Mey v University Of Limerick (Approved) [2026]...

Interlocutory Relief After Contractual Termination: Mandatory Effect, Country-by-Country Balance of Justice, and “Becomes Insolvent” in Pharma Licensing

Date: Jul 15, 2026

Interlocutory Relief After Contractual Termination: Mandatory Effect, Country-by-Country Balance of Justice, and “Becomes Insolvent” in Pharma Licensing Case: Piramal Critical Care B.V. v Brepco...

Practical Benefit for Service Out to Enforce Foreign Judgments: Contingent Aircraft-Leasing Receivables as Irish Assets

Date: Jul 15, 2026

Practical Benefit for Service Out to Enforce Foreign Judgments: Contingent Aircraft‑Leasing Receivables as Irish Assets 1) Introduction In FW Aviation (Holdings) 1 Limited v VietJet Joint Stock...

Planning Appeal Certification under s.50A(7) PDA 2000: A Question Must Arise from the Judgment, Be Precisely Framed, and Be Dispositive

Date: Jul 15, 2026

Planning Appeal Certification under s.50A(7) PDA 2000: A Question Must Arise from the Judgment, Be Precisely Framed, and Be Dispositive 1) Introduction Lissan Coal Company (Ireland) Limited and LCC...

Unclean Hands and Alleged Illegality Will Not Usually Ground an Order 19, r. 28 Strike‑Out Where Ownership Is Registered and Fair Procedures Require a Trial

Date: Jul 15, 2026

Unclean Hands and Alleged Illegality Will Not Usually Ground an Order 19, r. 28 Strike‑Out Where Ownership Is Registered and Fair Procedures Require a Trial Case: Martin v Martin and Ors (Approved)...

Order 28 Amendments Refused Where a “New” Pleading Is Prolix, Unpleadable and Prejudicial (Order 19, r. 3)

Date: Jul 15, 2026

Order 28 Amendments Refused Where a “New” Pleading Is Prolix, Unpleadable and Prejudicial (Order 19, r. 3) Case: Mohan v The Revenue Commissioners and Ors (Approved) [2026] IEHC 468 Court: High Court...

High Threshold for Refusing Confirmation under s.44(5) Teaching Council Act 2001 and the Centrality of Dishonesty in Teacher Misconduct Sanction

Date: Jul 14, 2026

High Threshold for Refusing Confirmation under s.44(5) Teaching Council Act 2001 and the Centrality of Dishonesty in Teacher Misconduct Sanction 1) Introduction Teaching Council v Clarke (Approved)...

European Arrest Warrant: Strong Mutual-Trust Presumption Defeats Chain-Refoulement Objection and Clarifies Section 11 and Section 44 in Transnational Smuggling Cases

Date: Jul 14, 2026

European Arrest Warrant: Strong Mutual-Trust Presumption Defeats Chain-Refoulement Objection and Clarifies Section 11 and Section 44 in Transnational Smuggling Cases 1) Introduction Minister For...

Complex medical fact-finding requires a written, evaluative judgment engaging with parental evidence and resolving key factual disputes

Date: Jul 11, 2026

Complex medical fact-finding requires a written, evaluative judgment engaging with parental evidence and resolving key factual disputes Case: B and G (FACT-FINDING) [2026] EWCA Civ 860 Court: Court...

Section 121(3A) Child Marriage: Custody Generally Inevitable Where a Person of Authority Conducts the Ceremony

Date: Jul 11, 2026

Section 121(3A) Child Marriage: Custody Generally Inevitable Where a Person of Authority Conducts the Ceremony Case: Osmani, R. v Neutral citation: [2026] EWCA Crim 959 Court: Court of Appeal...

International protection applicants and trafficking identification: parallel operation of the National Referral Mechanism and s.16 permission

Date: Jul 11, 2026

International protection applicants and trafficking identification: parallel operation of the National Referral Mechanism and s.16 permission Case: E.A. v The International Protection Appeals...

Speculation Is Not an Evidential Basis for Section 275 “Collusion/Conspiracy” Cross‑Examination; Excessive Consecutive Sentencing Corrected by a Cumulo Extended Sentence

Date: Jul 11, 2026

Speculation Is Not an Evidential Basis for Section 275 “Collusion/Conspiracy” Cross‑Examination; Excessive Consecutive Sentencing Corrected by a Cumulo Extended Sentence Court: Appeal Court, High...

Section 179 Companies Act 2014 is Procedural Only: No Court-Imposed Break of 50/50 Shareholder Deadlock

Date: Jul 11, 2026

Section 179 Companies Act 2014 is Procedural Only: No Court-Imposed Break of 50/50 Shareholder Deadlock Case: Greene v Greene (Approved) [2026] IEHC 566 Court: High Court of Ireland Judge: Mr Justice...