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

Inadequate and Misaligned Safety Measures Justify Category 1B and a Custodial Starting Point for Dangerous Dogs Act Injury Offences

Date: Jul 9, 2026

Inadequate and Misaligned Safety Measures Justify Category 1B and a Custodial Starting Point for Dangerous Dogs Act Injury Offences 1. Introduction In Hopkins, R. v [2026] EWCA Crim 1083, the Court...

Article 40 Habeas Corpus and Child Care Orders: Lawful “Detention” Where Valid Care Orders Exist

Date: Jul 9, 2026

Article 40 Habeas Corpus and Child Care Orders: Lawful “Detention” Where Valid Care Orders Exist 1. Introduction In N.B. (Through His Next Friend Mother And Guardian P.B.) v Child and Family Agency...

[2026] EWCA Crim 870 — Unduly Lenient Sentence References After Voluntary Early Removal

Date: Jul 9, 2026

Unduly Lenient Sentence References May Proceed Despite Voluntary Early Removal Abroad Where a Fair Hearing Remains Possible Case: Singh & Anor, R. v Neutral citation: [2026] EWCA Crim 870 Court:...

No mandatory “long time-gap” Moorov direction: adequacy of standard mutual corroboration directions is usually sufficient

Date: Jul 9, 2026

No mandatory “long time-gap” Moorov direction: adequacy of standard mutual corroboration directions is usually sufficient 1. Introduction In Appeal against Conviction by James Donaldson or Murray...

Fiscal Neutrality in Article 132(1)(i): The “Typical Consumer” Test Applies to Supplier Conditions

Date: Jul 8, 2026

Fiscal Neutrality in Article 132(1)(i): The “Typical Consumer” Test Applies to Supplier Conditions Case: St Patrick's International College Ltd & Ors v Revenue And Customs Citation: [2026] EWCA Civ...

Procedural Fairness in Costs: A Provisional “No Order” Cannot Stand Without Hearing Submissions

Date: Jul 8, 2026

Procedural Fairness in Costs: A Provisional “No Order” Cannot Stand Without Hearing Submissions Carl v Limbani [2026] EWCA Civ 856 (CA (Civ Div), 6 July 2026) Appeal from: [2025] EWHC 1104 (Ch)...

Sentencing strict-liability rape of a child under 13: mitigation for reasonable belief of age/consent, deterrence within the guideline, and totality without double counting filming

Date: Jul 8, 2026

Sentencing strict-liability rape of a child under 13: mitigation for reasonable belief of age/consent, deterrence within the guideline, and totality without double counting filming 1. Introduction R...

Extended Sentences Must Be Count-Specific: Global Extension Periods (and “Concurrent” Licence Extensions) Are Unlawful

Date: Jul 8, 2026

Extended Sentences Must Be Count-Specific: Global Extension Periods (and “Concurrent” Licence Extensions) Are Unlawful Case: Round & Anor, R. v Court: England and Wales Court of Appeal (Criminal...

Exploitation of a Child to Commit and Conceal Domestic Murder Justifies Uplift Beyond the 30‑Year Starting Point

Date: Jul 8, 2026

Exploitation of a Child to Commit and Conceal Domestic Murder Justifies Uplift Beyond the 30‑Year Starting Point Case: CHA, R. v (Attorney General’s Reference under s.36 Criminal Justice Act 1988)...

Mitigation Discounts in Director Disqualification: Court Scrutiny Despite Consent and a Calibrated Reduction for Late Cooperation

Date: Jul 8, 2026

Mitigation Discounts in Director Disqualification: Court Scrutiny Despite Consent and a Calibrated Reduction for Late Cooperation 1. Introduction Clifton Court Hotel Ltd v The Companies Act 2014...

Deafness in Custody as Mitigation (Not “Exceptional”): Sentence Should Not Be Adjusted to Achieve Halfway Release

Date: Jul 8, 2026

Deafness in Custody as Mitigation (Not “Exceptional”): Sentence Should Not Be Adjusted to Achieve Halfway Release 1) Introduction In R v ZHX [2026] EWCA Crim 1037, the Court of Appeal (Criminal...

Deafness as Mitigation (Not “Exceptional”), and No Sentence Tailoring to Achieve Half‑Time Release in Rape Cases: R v ZHX [2026] EWCA Crim 1049

Date: Jul 8, 2026

Deafness as Mitigation (Not “Exceptional”), and No Sentence Tailoring to Achieve Half‑Time Release in Rape Cases: R v ZHX [2026] EWCA Crim 1049 1) Introduction In R v ZHX (historic marital rape, deaf...

European Arrest Warrant: Surrender Refused Where an In-Absentia Conviction on Prosecution Appeal Occurred Without Actual Notice or a Mandated Defence

Date: Jul 7, 2026

European Arrest Warrant: Surrender Refused Where an In-Absentia Conviction on Prosecution Appeal Occurred Without Actual Notice or a Mandated Defence 1) Introduction Minister For Justice v Culeac...

Negligence Duty to Avoid Foreseeable Harm to a Neighbour’s Sensitive Land Use Despite the Limits of Private Nuisance — Thomas & Anor v Nicholas & Ors [2026] EWCA Civ 847

Date: Jul 6, 2026

Negligence Duty to Avoid Foreseeable Harm to a Neighbour’s Sensitive Land Use Despite the Limits of Private Nuisance — Thomas & Anor v Nicholas & Ors [2026] EWCA Civ 847 1. Introduction In Thomas &...

Appellate Restraint in Dishonesty Findings: Board/Auditor “Authorisation” Belief Can Sustain a Non‑Dishonesty Conclusion for Non‑Trust Fund Payments

Date: Jul 6, 2026

Appellate Restraint in Dishonesty Findings: Board/Auditor “Authorisation” Belief Can Sustain a Non‑Dishonesty Conclusion for Non‑Trust Fund Payments 1) Introduction Gable Insurance AG v Dewsall & Ors...

Partial Withholding of Turnover-Based Franchise Fees While Continuing to Trade Constitutes Breach; Unjust Enrichment Requires a Recognised “Unjust Factor”

Date: Jul 4, 2026

Partial Withholding of Turnover-Based Franchise Fees While Continuing to Trade Constitutes Breach; Unjust Enrichment Requires a Recognised “Unjust Factor” Court: High Court (Ireland) Neutral...

Judicial Review of Summary Appeal Convictions: Judicial Takeover of Cross-Examination and Misapplication of s.18 “Reasonable Force” Defence as Fundamental Error

Date: Jul 4, 2026

Judicial Review of Summary Appeal Convictions: Judicial Takeover of Cross-Examination and Misapplication of s.18 “Reasonable Force” Defence as Fundamental Error Case: Taylor v Director Of Public...

Mandatory Reasons for Refusing a Requested Oral Hearing under Regulation 14 of the Social Welfare (Appeals) Regulations 2024

Date: Jul 4, 2026

Mandatory Reasons for Refusing a Requested Oral Hearing under Regulation 14 of the Social Welfare (Appeals) Regulations 2024 1. Introduction P v The Minister For Social Protection & Ors (Approved)...

Corporate Vehicles Do Not Negate a Partnership: Partnership Characterisation, Implied Restraints on Unilateral Disposals, and Accounts on Dissolution

Date: Jul 4, 2026

Corporate Vehicles Do Not Negate a Partnership: Partnership Characterisation, Implied Restraints on Unilateral Disposals, and Accounts on Dissolution Case: Lane & Anor v Connolly & Ors (Approved)...

Fresh Evidence on Appeal: Reasonable Diligence to Locate Devices and Contextual Assessment of Text Messages

Date: Jul 4, 2026

Fresh Evidence on Appeal: Reasonable Diligence to Locate Devices and Contextual Assessment of Text Messages 1. Introduction In R v MIK [2026] EWCA Crim 961, the Court of Appeal (Criminal Division)...