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

“Entirety of Net Proceeds” Prevails: Interpreting Family Settlement Terms Where a Lump Sum Clause Operates as a Floor, Not a Cap — G.H v I.J [2026] IEHC 475

Date: Jul 4, 2026

“Entirety of Net Proceeds” Prevails: Interpreting Family Settlement Terms Where a Lump Sum Clause Operates as a Floor, Not a Cap Case: G.H v I.J (Terms of Settlement; interpretation) (Approved)...

Late Guilty Plea After a Cut‑Throat Defence: When a Discharge Is Not “Necessary” and a Clear Disregard Direction Suffices

Date: Jul 4, 2026

Late Guilty Plea After a Cut‑Throat Defence: When a Discharge Is Not “Necessary” and a Clear Disregard Direction Suffices 1. Introduction R v Muci [2026] EWCA Crim 900 is a Court of Appeal (Criminal...

Co-accused Youth Discount Does Not Justify Late Sentence Appeal by an Older Adult: R v Buhari [2026] EWCA Crim 929

Date: Jul 4, 2026

Co-accused Youth Discount Does Not Justify Late Sentence Appeal by an Older Adult: R v Buhari [2026] EWCA Crim 929 1) Introduction In R v Buhari [2026] EWCA Crim 929 the Court of Appeal (Criminal...

Custody as “Unavoidable” for Repeated Group Rapes by Children: Stepped Sentencing, Harm Assessment, and Non‑Mechanistic “Double Jeopardy” Mitigation

Date: Jul 3, 2026

Custody as “Unavoidable” for Repeated Group Rapes by Children: Stepped Sentencing, Harm Assessment, and Non‑Mechanistic “Double Jeopardy” Mitigation 1) Introduction In X & Ors, R. v [2026] EWCA Crim...

Salaried Member Rules: Significant Influence Must Come from LLP Legal Rights, Not De Facto Clout

Date: Jul 3, 2026

Salaried Member Rules: Significant Influence Must Come from LLP Legal Rights, Not De Facto Clout Introduction In Commissioners for His Majesty's Revenue and Customs v BlueCrest Capital Management...

Judicial Review of IPO Nationality Rejections Where Afghan Tazkiras Are Treated as “Non‑Verifiable”: A Systemic Flaw Justifying High Court Intervention

Date: Jul 3, 2026

Judicial Review of IPO Nationality Rejections Where Afghan Tazkiras Are Treated as “Non‑Verifiable”: A Systemic Flaw Justifying High Court Intervention 1) Introduction AS v Chief International...

Judicial Review: Cross-Examination of Expert Affidavits Requires a Genuine, Material Dispute of Opinion (Not Legal Argument)

Date: Jul 3, 2026

Judicial Review: Cross-Examination of Expert Affidavits Requires a Genuine, Material Dispute of Opinion (Not Legal Argument) 1) Introduction In Friends Of The Irish Environment CLG and others v...

Mandatory ACA Character-Assessment and Reasoned Consideration for Demolition of Heritage Features in Part XAB Consents

Date: Jul 3, 2026

Mandatory ACA Character-Assessment and Reasoned Consideration for Demolition of Heritage Features in Part XAB Consents Case: D'Alton v An Coimisiun Pleanala (Approved) [2026] IEHC 414 Court: High...

Ward v Rai [2026] EWCA Civ 816 — Appellate restraint in Part 47 case management: non-compliant points of dispute do not mandate strike-out

Date: Jul 3, 2026

Ward v Rai [2026] EWCA Civ 816 — Appellate restraint in Part 47 case management: non-compliant points of dispute do not mandate strike-out 1. Introduction Ward v Rai concerned a road-traffic personal...

Two-Child Limit Exceptions: Justifying Differential Treatment Between Non-Consensual Conception, Adoption and Non-Parental Care in Universal Credit

Date: Jul 3, 2026

Two-Child Limit Exceptions: Justifying Differential Treatment Between Non-Consensual Conception, Adoption and Non-Parental Care in Universal Credit Case: LMN & Anor, R (On the Application Of) v...

Sentencing appeals in cannabis production: when a disputed “role” label does not make a guideline-range sentence manifestly excessive

Date: Jul 3, 2026

Sentencing appeals in cannabis production: when a disputed “role” label does not make a guideline-range sentence manifestly excessive Case Minh, R. v [2026] EWCA Crim 1019 Court / Date England and...

Section 12(8)(b)(i) Planning Act: Listing a Submission’s Agent Suffices; Gillen Two‑Stage Invalidity/Discretion Test Confirmed in Planning JR

Date: Jul 3, 2026

Section 12(8)(b)(i) Planning Act: Listing a Submission’s Agent Suffices; Gillen Two‑Stage Invalidity/Discretion Test Confirmed in Planning JR 1. Introduction In O'Donnell v Dublin City Council [2026]...

Tailored Jury Directions and Issue-Narrowing: When “Maliciously”, Consent, and Intention Need No Further Elaboration

Date: Jul 3, 2026

Tailored Jury Directions and Issue-Narrowing: When “Maliciously”, Consent, and Intention Need No Further Elaboration 1) Introduction In R v Fitton [2026] EWCA Crim 939 (CA (Crim Div), 2 July 2026),...

“Visible weapon” means visible to the threatened victim: construing “threats with significant violence” and restricting suspension for racially aggravated threats to kill with a bladed article

Date: Jul 3, 2026

“Visible weapon” means visible to the threatened victim: construing “threats with significant violence” and restricting suspension for racially aggravated threats to kill with a bladed article 1)...

Substantial Compliance and De Minimis Error in Statutory “Listing” Requirements for Development Plan Submissions

Date: Jul 3, 2026

Substantial Compliance and De Minimis Error in Statutory “Listing” Requirements for Development Plan Submissions Case: O'Donnell v Dublin City Council (Approved) [2026] IESC 36 Court: Supreme Court...

Children and Young People Guideline Must Inform Sentencing for Terrorism Information Offences Committed Under 18 (Even if Sentenced as an Adult)

Date: Jul 3, 2026

Children and Young People Guideline Must Inform Sentencing for Terrorism Information Offences Committed Under 18 (Even if Sentenced as an Adult) Case: R v Shafiq (Attorney General’s Reference under...

Issue Estoppel Confined to Necessary Findings on the Pleaded Case, Not Wider Judicial Reasoning

Date: Jul 2, 2026

Issue Estoppel Confined to Necessary Findings on the Pleaded Case, Not Wider Judicial Reasoning 1. Introduction In Skatteforvaltningen (The Danish Customs and Tax Administration) v MCML Ltd...

Refinancing Offers Do Not Stop Mortgage Interest Without a True Tender of Immediately Available Funds

Date: Jul 2, 2026

Refinancing Offers Do Not Stop Mortgage Interest Without a True Tender of Immediately Available Funds Case: Houssein & Ors v London Credit Ltd & Anor [2026] EWCA Civ 830 Court: Court of Appeal (Civil...

Mackay v Dick “Prevention” Principle Confirmed as Scots Law (Despite King Crude), But Not a Shortcut to Maximum Earnout

Date: Jul 2, 2026

Mackay v Dick “Prevention” Principle Confirmed as Scots Law (Despite King Crude), But Not a Shortcut to Maximum Earnout 1. Introduction In (First) Lorraine Murray; (Second) Ian James Murray; and...

Vince v Tice [2026] EWCA Civ 844 — Quote-tweets, opinion, and strict limits on recasting meaning on appeal

Date: Jul 2, 2026

Quote-tweets as “two-part” publications: fact/opinion assessed primarily from the author’s added words, and new meanings cannot be introduced on appeal without pleading and permission Court: England...