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

Section 12(8)(b)(i) PDA 2000: Listing a Submission “Maker” Includes the Agent, the Principal, or “Agent on Behalf of”—and Minor Procedural Errors Do Not Necessarily Ground Certiorari

Date: Jul 9, 2026

Section 12(8)(b)(i) PDA 2000: Listing a Submission “Maker” Includes the Agent, the Principal, or “Agent on Behalf of”—and Minor Procedural Errors Do Not Necessarily Ground Certiorari 1. Introduction...

Implied Repayment-on-Demand Term for Loans Lacking Repayment Provisions (and Limits of “Indemnity” Expenses Clauses)

Date: Jul 9, 2026

Implied Repayment-on-Demand Term for Loans Lacking Repayment Provisions (and Limits of “Indemnity” Expenses Clauses) 1. Introduction In Samuray v Asanov (Outer House, Court of Session, [2026] CSOH...

Standard Security as Ancillary “Machinery”: Prior Joint Venture Agreement Can Bar Enforcement and Require Discharge

Date: Jul 9, 2026

Standard Security as Ancillary “Machinery”: Prior Joint Venture Agreement Can Bar Enforcement and Require Discharge Introduction In [2026] CSIH 35 (First Division, Inner House, Court of Session, 2...

Article 8 Deportation: Future Child Contact Is Not “Very Compelling Circumstances” for Serious Offenders Under s.117C(6)

Date: Jul 9, 2026

Article 8 Deportation: Future Child Contact Is Not “Very Compelling Circumstances” for Serious Offenders Under s.117C(6) Introduction In Secretary of State for the Home Department v Lewis [2026] EWCA...

Costs of Moot Interlocutory Motions: Where the Merits Will Be Tried, Costs Should Generally Be “In the Cause”

Date: Jul 9, 2026

Costs of Moot Interlocutory Motions: Where the Merits Will Be Tried, Costs Should Generally Be “In the Cause” 1. Introduction In Association Of Optometrists Ireland and Ors v Minister For Social...

De minimis non-compliance and “substantial compliance” in statutory listing requirements: naming an authorised agent may satisfy s. 12(8)(b)(i) Planning and Development Act 2000

Date: Jul 9, 2026

De minimis non-compliance and “substantial compliance” in statutory listing requirements: naming an authorised agent may satisfy s. 12(8)(b)(i) Planning and Development Act 2000 1. Introduction...

[2026] IESC 37 — “No True Trial” as the Governing Threshold for O’Domhnaill Dismissals (Fault-Neutral and Rarely Determined Pre-Trial)

Date: Jul 9, 2026

“No True Trial” as the Governing Threshold for O’Domhnaill Dismissals (Fault-Neutral and Rarely Determined Pre-Trial) 1. Introduction Beatty v Beatty (Approved) [2026] IESC 37 is a Supreme Court of...

Section 263(4) Impeachment vs Section 274 “Sexual Behaviour”: Pre‑incident Sexual Messages, Section 275 Error, and No Miscarriage of Justice

Date: Jul 9, 2026

Section 263(4) Impeachment vs Section 274 “Sexual Behaviour”: Pre‑incident Sexual Messages, Section 275 Error, and No Miscarriage of Justice Court: High Court of Justiciary (Appeal Court) Citation:...

Building Preservation Notice Triggers a Fresh Listing Duty: HES May Reconsider a Recent “No-List” Decision

Date: Jul 9, 2026

Building Preservation Notice Triggers a Fresh Listing Duty: HES May Reconsider a Recent “No-List” Decision 1) Introduction This Inner House decision ([2026] CSIH 37, First Division) concerns the...

Occupiers’ Liability in Employer-Provided Accommodation: Off‑Duty Horseplay Does Not Make a Resident a Trespasser

Date: Jul 9, 2026

Occupiers’ Liability in Employer-Provided Accommodation: Off‑Duty Horseplay Does Not Make a Resident a Trespasser Case: ZZZ v The Ministry of Defence [2026] EWCA Civ 875 Court: England and Wales...

Substantial Injustice and Long Out-of-Time Appeals: Quashing a Refugee’s False-Document Conviction Where a Section 31 Defence Was Not Advised

Date: Jul 9, 2026

Substantial Injustice and Long Out-of-Time Appeals: Quashing a Refugee’s False-Document Conviction Where a Section 31 Defence Was Not Advised 1. Introduction In Adow v R [2026] EWCA Crim 868, the...

Mortgagees’ Interest Insurance: Security-Interest Loss, Composite Perils, and Fraud-Vitiated “Privity”

Date: Jul 9, 2026

Mortgagees’ Interest Insurance: Security-Interest Loss, Composite Perils, and Fraud-Vitiated “Privity” 1) Introduction In Oceanus Capital SARL v Lloyd's Insurance Company S.A. (M/V "VYSSOS") [2026]...

Exhaustion for Downloaded Software: Accessory Non‑Program Works Exhausted Under the Software Directive, and the CAT May Decide Necessary Copyright Issues

Date: Jul 9, 2026

Exhaustion for Downloaded Software: Accessory Non‑Program Works Exhausted Under the Software Directive, and the CAT May Decide Necessary Copyright Issues Introduction In JJH Enterprises Ltd (t/a...

Planning JR: Late Technical Grounds and Superseded Design Objections—Art. 6 of the 2005 Odour/Noise Regulations Satisfied by Standard Compliance Conditions

Date: Jul 9, 2026

Planning JR: Late Technical Grounds and Superseded Design Objections—Art. 6 of the 2005 Odour/Noise Regulations Satisfied by Standard Compliance Conditions 1) Introduction In Busher and Ors v An...

Successor Loan Purchaser May Enforce a Long-Standing Possession Order on Unchallenged Proofs, with O.42 Discretion Turning on Prejudice

Date: Jul 9, 2026

Successor Loan Purchaser May Enforce a Long-Standing Possession Order on Unchallenged Proofs, with O.42 Discretion Turning on Prejudice High Court of Ireland Kennedy J [2026] IEHC 432 6 July 2026 1)...

Delay Mitigation and Guilty Plea Credit in Unduly Lenient Drug-Supply Sentences: When Reductions Become “Unexplained and Excessive”

Date: Jul 9, 2026

Delay Mitigation and Guilty Plea Credit in Unduly Lenient Drug-Supply Sentences: When Reductions Become “Unexplained and Excessive” 1. Introduction In R. v Brown & Anor [2026] EWCA Crim 941, the...

Costs in Compromised Judicial Review: A “Chaser” Email Is Not a Pre-Action Protocol Letter and a Three‑Month “Aim” Creates No Legal Deadline

Date: Jul 9, 2026

Costs in Compromised Judicial Review: A “Chaser” Email Is Not a Pre-Action Protocol Letter and a Three‑Month “Aim” Creates No Legal Deadline 1. Introduction Khan, R (On the Application Of) v...

Irish High Court Assistance for Foreign-Seated Arbitration: Enforcing an Arbitrator’s Letter of Request to Compel a Non-Party Deposition under Article 27 Model Law

Date: Jul 9, 2026

Irish High Court Assistance for Foreign-Seated Arbitration: Enforcing an Arbitrator’s Letter of Request to Compel a Non-Party Deposition under Article 27 Model Law Case: Tik Tok Inc. v Rosendin...

Security for Costs in Competition Claims: Clear Evidence of Causation and “Stifling” Required to Displace the s.52 Default

Date: Jul 9, 2026

Security for Costs in Competition Claims: Clear Evidence of Causation and “Stifling” Required to Displace the s.52 Default 1) Introduction In Studbook Development Ireland Ltd [Trading as Warmblood...

Structured Sentencing Reasons and Driving Disqualification: s52 Sentencing Code and ss35A–35B RTOA

Date: Jul 9, 2026

Structured Sentencing Reasons and Driving Disqualification: Enforcing s52 Sentencing Code and ss35A–35B RTOA on Appeal 1. Introduction In Jugessur, R. v [2026] EWCA Crim 1010, the Court of Appeal...