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

Mitigation Can Justify Reducing a Guideline Starting-Point Sentence for Threats to Kill Despite A1 Culpability and Category 1 Harm

Date: Jun 11, 2026

Mitigation Can Justify Reducing a Guideline Starting-Point Sentence for Threats to Kill Despite A1 Culpability and Category 1 Harm 1) Introduction This commentary concerns [2026] EWCA Crim 1017, an...

Interlocutory Injunctions After Mortgage Possession: Proof of Lawful Execution and Non-Party Occupiers’ Rights

Date: Jun 10, 2026

Interlocutory Injunctions After Mortgage Possession: Proof of Lawful Execution and Non-Party Occupiers’ Rights Case: Everyday Finance Designated Activity Company v Kirk (Approved) [2026] IEHC 349...

Delay and Adequate Damages Defeat Mandatory Interlocutory Relief Despite a Strong Contractual Case

Date: Jun 10, 2026

Delay and Adequate Damages Defeat Mandatory Interlocutory Relief Despite a Strong Contractual Case 1) Introduction In Tucker v Curry (Approved) [2026] IEHC 346, the High Court (Dignam J) determined...

Litigation Restriction Orders: Leave Refused Where Proposed Proceedings Are Vague and Re-litigate Settled Grievances

Date: Jun 10, 2026

Litigation Restriction Orders: Leave Refused Where Proposed Proceedings Are Vague and Re-litigate Settled Grievances Case: Shannon v Shannon and Ors (Approved) Citation: [2026] IEHC 357 Court: High...

Victim Impact Statements Can Found Psychological-Harm Categorisation in Strangulation Sentencing and Guideline Categories Are Not “Tramlines”

Date: Jun 10, 2026

Victim Impact Statements Can Found Psychological-Harm Categorisation in Strangulation Sentencing and Guideline Categories Are Not “Tramlines” Case: R v Fynan Neutral citation: [2026] EWCA Crim 802...

“Significant Degree of Planning” in Rape Sentencing: Transporting and Isolating a Child Victim Can Justify Category 2A

Date: Jun 10, 2026

“Significant Degree of Planning” in Rape Sentencing: Transporting and Isolating a Child Victim Can Justify Category 2A 1) Introduction In R v Duncan [2026] EWCA Crim 1016, the Court of Appeal...

Non-consensual “love bites” as sexual assault: consent can be conditional and act-and-mark are “indivisible”

Date: Jun 10, 2026

Non-consensual “love bites” can amount to sexual assault where consent to neck kissing is expressly withheld from suction causing a mark Case: R v Collins Neutral citation: [2026] EWCA Crim 753...

No-Prosecution Notices and Abuse of Process in Historic Sexual Offence Court Martial Proceedings

Date: Jun 10, 2026

No-Prosecution Notices and Abuse of Process in Historic Sexual Offence Court Martial Proceedings Case: Jones, R. v [2026] EWCA Crim 925 (CA (Crim Div), on appeal from the Military Court at Catterick)...

Unexplained Significant Delay Can Defeat Security for Costs (and May Remove the Need to Prove Prejudice)

Date: Jun 10, 2026

Unexplained Significant Delay Can Defeat Security for Costs (and May Remove the Need to Prove Prejudice) Case: Sweeney & Anor v The Voluntary Health Insurance Board (Supreme Court, Donnelly J., 9...

Credibility, Consistency, and Preservation of Evidence in Road-Traffic Personal Injury Claims

Date: Jun 9, 2026

Credibility, Consistency, and Preservation of Evidence in Road-Traffic Personal Injury Claims 1) Introduction In Kane v Hearns (Approved) [2026] IEHC 354 (High Court, Stewart J, 5 June 2026), the...

Wholesale Replacement Is Not “Maintenance”: Robust s.160 Remediation Where s.4(1)(h) Is Misused

Date: Jun 9, 2026

Wholesale Replacement Is Not “Maintenance”: Robust s.160 Remediation Where s.4(1)(h) Is Misused Case: South Dublin County Council v Threshford Ltd and Ors, O'Neill v. Branach Developments Ltd and...

AA Screening Must Match the Project Screened; EIA Inapplicable to Pure Use Permissions; Limits on “Agreement with Planning Authority” Conditions

Date: Jun 9, 2026

AA Screening Must Match the Project Screened; EIA Inapplicable to Pure Use Permissions; Limits on “Agreement with Planning Authority” Conditions Case: Hession v An Coimisiun Pleanala and Ors...

Activation Sanctions Require Strict Compliance with Statutory Notice Preconditions under ss 141A–141B Social Welfare Consolidation Act 2005

Date: Jun 9, 2026

Activation Sanctions Require Strict Compliance with Statutory Notice Preconditions under ss 141A–141B Social Welfare Consolidation Act 2005 Case: Fitzgerald v Minister For Social Protection and Anor...

European Arrest Warrant: Capacity in Surrender Proceedings and Article 3 Mental-Health Assurances

Date: Jun 9, 2026

European Arrest Warrant: Capacity in Surrender Proceedings and Article 3 Mental-Health Assurances 1) Introduction In Minister for Justice v Kraska (Approved) [2026] IEHC 401, the High Court (McGrath...

Mitigation Must Be Reflected Even Where a Severe Quantity Uplift Is Justified in Category 1 Significant-Role Class A Supply

Date: Jun 6, 2026

Mitigation Must Be Reflected Even Where a Severe Quantity Uplift Is Justified in Category 1 Significant-Role Class A Supply 1) Introduction In R v Thomas [2026] EWCA Crim 770, the Court of Appeal...

Late-Raised Mistaken Identity Does Not Render a Conviction “Unsafe” Absent Trial Error: Renewed Leave to Appeal Refused

Date: Jun 6, 2026

Late-Raised Mistaken Identity Does Not Render a Conviction “Unsafe” Absent Trial Error: Renewed Leave to Appeal Refused 1. Introduction In R v Onwubiko [2026] EWCA Crim 883, the Court of Appeal...

R v Henn [2026] EWCA Crim 1020 — Appellate restraint on sentencing fact-finding and totality where a consecutive term is imposed for “going equipped” on bail

Date: Jun 6, 2026

Appellate restraint on sentencing fact-finding and totality where a consecutive term is imposed for “going equipped” on bail Introduction In R v Henn [2026] EWCA Crim 1020, the Court of Appeal...

Totality and Multiple-Death Uplifts in Gross Negligence Manslaughter Sentencing

Date: Jun 6, 2026

Totality and Multiple-Death Uplifts in Gross Negligence Manslaughter Sentencing: Lead Sentence May Exceed the Single‑Offence Guideline Range 1. Introduction In R v Lloyd [2026] EWCA Crim 917, the...

Reaffirmation of R v Jones: Proceeding with Trial in the Defendant’s Absence Where Non-Attendance Is Unexplained or Unconvincingly Justified

Date: Jun 6, 2026

Reaffirmation of R v Jones: Proceeding with Trial in the Defendant’s Absence Where Non-Attendance Is Unexplained or Unconvincingly Justified 1. Introduction In Naaim, R. v [2026] EWCA Crim 769, the...

District Court Cannot Strike Out Charges Simpliciter After a Guilty Plea Under s.13 Criminal Procedure Act 1967

Date: Jun 6, 2026

District Court Cannot Strike Out Charges Simpliciter After a Guilty Plea Under s.13 Criminal Procedure Act 1967 1. Introduction The Director Of Public Prosecutions v J.P. (Approved) [2026] IEHC 350...