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

IPAT Medical-Evidence Engagement and Rebuttal of the International Protection Act 2015 s.28(6) Presumption

Date: Jul 11, 2026

IPAT Medical-Evidence Engagement and Rebuttal of the International Protection Act 2015 s.28(6) Presumption 1) Introduction G.M. v The International Protection Appeals Tribunal and Anor (Approved)...

Community impact material in sentencing must comply with CrPD and be served in good time: R v Ashby [2026] EWCA Crim 1055

Date: Jul 11, 2026

Community impact material in sentencing must comply with CrPD and be served in good time R v Ashby [2026] EWCA Crim 1055 (CA (Crim Div), 10 July 2026) 1. Introduction This was an application for...

R v Leach [2026] EWCA Crim 958 — Sentencing: no “sole Category A factor” discount; decoy-attempt reductions are usually small; immediate custody normally required for attempted incitement

Date: Jul 11, 2026

Sentencing for Online Child-Sex Incitement Attempts: No Discount for “Only One” Category A Factor and Only a Small Reduction Where the “Child” Is a Decoy 1) Introduction R v Leach [2026] EWCA Crim...

Implicit s.45(2) DPP Directions, Non-fatal Omissions on Returns for Trial, and Brennan Finality Limits on Article 40 Post-Conviction Challenges

Date: Jul 10, 2026

Implicit s.45(2) DPP Directions, Non-fatal Omissions on Returns for Trial, and Brennan Finality Limits on Article 40 Post-Conviction Challenges 1. Introduction Kelly v The Governor of Wheatfield...

Certification of Appeal on Duty of Candour and Presumption of Validity in EU EIA “Sufficient Expertise” Challenges

Date: Jul 10, 2026

Certification of Appeal on Duty of Candour and Presumption of Validity in EU EIA “Sufficient Expertise” Challenges 1) Introduction Rogers v An Coimisiun Pleanala and Anor (Approved) [2026] IEHC 437...

Schedule 24 as an Exclusive Double-Taxation Code: Foreign Royalty Withholding Tax Cannot Be Deducted Under s.81 TCA 1997 Where Treaty/Unilateral Relief Yields No Credit

Date: Jul 10, 2026

Schedule 24 as an Exclusive Double-Taxation Code: Foreign Royalty Withholding Tax Cannot Be Deducted Under s.81 TCA 1997 Where Treaty/Unilateral Relief Yields No Credit 1. Introduction The Revenue...

Reserved Costs for Withdrawn/Moot Interlocutory Injunctions Where Merits Will Be Revisited at Trial

Date: Jul 10, 2026

Reserved Costs for Withdrawn/Moot Interlocutory Injunctions Where Merits Will Be Revisited at Trial Case: GDL Management Group Public Limited Company v Bert's Properties Ltd (Approved) Citation:...

Protective Costs and Discovery in Judicial Review: No PCO for Private Ombudsman Disputes; No “Fishing” Discovery Where Entitlement to Correspondence Is the Merits Issue

Date: Jul 10, 2026

Protective Costs and Discovery in Judicial Review: No PCO for Private Ombudsman Disputes; No “Fishing” Discovery Where Entitlement to Correspondence Is the Merits Issue 1) Introduction Clarke v The...

Section 35 LSRA Injunctions: Mandatory PII Compliance for Irish Barristers and Limits of EU Free-Movement Arguments

Date: Jul 10, 2026

Section 35 LSRA Injunctions: Mandatory PII Compliance for Irish Barristers and Limits of EU Free-Movement Arguments Case: The Legal Services Regulatory Authority v Sallabi (Approved) [2026] IEHC 427...

RTB Jurisdiction Depends on the Correct “Landlord”: Entitlement to Rent under s.5 RTA 2004 and Deference on Point-of-Law Appeals

Date: Jul 10, 2026

RTB Jurisdiction Depends on the Correct “Landlord”: Entitlement to Rent under s.5 RTA 2004 and Deference on Point-of-Law Appeals 1) Introduction Friedman v The Residential Tenancies Board and Ors...

Norwich Pharmacal Disclosure to Enable Statutory Nursing-Home Regulation: Media “Mixed Up In” Requirement Satisfied by Investigative Involvement

Date: Jul 10, 2026

Norwich Pharmacal Disclosure to Enable Statutory Nursing-Home Regulation: Media “Mixed Up In” Requirement Satisfied by Investigative Involvement 1) Introduction In The Chief Inspector of Social...

Reasoned Engagement Required When IPAT Refuses an Oral Hearing Under s.43(b) Accelerated Appeals

Date: Jul 10, 2026

Reasoned Engagement Required When IPAT Refuses an Oral Hearing Under s.43(b) Accelerated Appeals Case: BB v The International Protection Appeals Tribunal and Anor (Approved) [2026] IEHC 450 Court:...

Totality where historic sexual offences are sentenced while the offender is serving a similar sentence: concurrency may still confer real benefit by removing recall exposure

Date: Jul 10, 2026

Totality where historic sexual offences are sentenced while the offender is serving a similar sentence: concurrency may still confer real benefit by removing recall exposure 1) Introduction R v...

Murder for Gain and the 30-Year Starting Point: Limited Mitigation for Lack of Premeditation Where the Killing Is “At Any Cost”

Date: Jul 10, 2026

Murder for Gain and the 30-Year Starting Point: Limited Mitigation for Lack of Premeditation Where the Killing Is “At Any Cost” 1. Introduction In R v Ross [2026] EWCA Crim 1102, the England and...

Repeat Class A Supply on Licence: Deterrent Uplift Within (and Slightly Above) Category 3 Significant Role Is Not Manifestly Excessive

Date: Jul 10, 2026

Repeat Class A Supply on Licence: Deterrent Uplift Within (and Slightly Above) Category 3 Significant Role Is Not Manifestly Excessive 1. Introduction In R v Franzen [2026] EWCA Crim 1159, the Court...

Discretionary Life Sentence for a Young First Offender Where Risk Duration Cannot Be Reliably Assessed

Date: Jul 10, 2026

Discretionary Life Sentence for a Young First Offender Where Risk Duration Cannot Be Reliably Assessed 1. Introduction In R v Probert [2026] EWCA Crim 1084, the Court of Appeal (Criminal Division)...

Pre‑Guideline Modern Slavery Authorities Carry Limited Weight on Sentence Appeals: EDS Upheld for Child Forced Labour in Drug Supply

Date: Jul 10, 2026

Pre‑Guideline Modern Slavery Authorities Carry Limited Weight on Sentence Appeals: EDS Upheld for Child Forced Labour in Drug Supply Introduction In R v Arab, R. [2026] EWCA Crim 1087, the Court of...

Section 27D Appeals: When the 7‑Day Limit Runs from Issued Interlocutors Where Earlier Lodging Is Procedurally Impossible

Date: Jul 9, 2026

Section 27D Appeals: When the 7‑Day Limit Runs from Issued Interlocutors Where Earlier Lodging Is Procedurally Impossible 1. Introduction This Inner House decision ([2026] CSIH 34, Lord Clark)...

Deference to Trial Findings on Unfamiliar Foreign Law and Finality: No “Island-Hopping” Re‑trial on Appeal

Date: Jul 9, 2026

Deference to Trial Findings on Unfamiliar Foreign Law and Finality: No “Island-Hopping” Re‑trial on Appeal Case: Kerish International Motors Agency v Opel Automobile GmbH [2026] EWCA Civ 865 Court:...

Plaintiff-Sought Stay of Its Own Commercial Proceedings Pending Determination of a Foundational Modular Issue in Related Litigation

Date: Jul 9, 2026

Plaintiff-Sought Stay of Its Own Commercial Proceedings Pending Determination of a Foundational Modular Issue in Related Litigation Introduction In Bam Building Ltd v National Paediatric Hospital...