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

TUPE Regulation 4(2)(a) Does Not Transfer an Employer’s Vicarious Liability to Third Parties

Date: Sep 9, 2026

TUPE Regulation 4(2)(a) Does Not Transfer an Employer’s Vicarious Liability to Third Parties Case: ABC v Huntercombe (No.12) Ltd & Ors Citation: [2026] EWCA Civ 1161 Court: Court of Appeal (Civil...

Security-Only Arrest Proceedings Do Not Stop the Hague-Visby Time Bar; Partial Deck Cargo Exclusion Requires Specific Identification Where Items Differ in Value

Date: Sep 9, 2026

Security-Only Arrest Proceedings Do Not Stop the Hague-Visby Time Bar; Partial Deck Cargo Exclusion Requires Specific Identification Where Items Differ in Value 1) Introduction In Batavia Eximp &...

Non-Prosecution Assurances Must Be Unequivocal and Supported by Contemporaneous Evidence

Date: Sep 5, 2026

Non-Prosecution Assurances Must Be Unequivocal and Supported by Contemporaneous Evidence Decision: [2026] EWCA Crim 1226 Court: England and Wales Court of Appeal (Criminal Division) Date: 4 September...

Strangulation as an Inherently Grave Assault: Severe Sentencing, No Consent Defence, and Robust Use of Non-Harassment Orders

Date: Sep 4, 2026

Strangulation as an Inherently Grave Assault: Severe Sentencing, No Consent Defence, and Robust Use of Non-Harassment Orders Court: High Court of Justiciary (Appeal Court), Scotland Citation: [2026]...

Section 275 Evidence Is Confined to the Purpose Specified in the Application

Date: Sep 4, 2026

Section 275 Evidence Is Confined to the Purpose Specified in the Application Case: Appeal against conviction, [2026] HCJAC 41 Court: Appeal Court, High Court of Justiciary Date: 3 September 2026 1....

Tailored Extensions of Time in Undefended Divorce Appeals: “Proper Provision” as a Counterweight to Non‑Engagement

Date: Sep 3, 2026

Tailored Extensions of Time in Undefended Divorce Appeals: “Proper Provision” as a Counterweight to Non‑Engagement Case: C.E.F. v G.H. (non-engagement, undefended hearing, Circuit Court Appeal)...

Section 1 Prevention of Crime Act 1953: “Instant arming” during an assault is not “having with him” an offensive weapon

Date: Sep 3, 2026

Section 1 Prevention of Crime Act 1953: “Instant arming” during an assault is not “having with him” an offensive weapon Case: Kalinga v R Neutral citation: [2026] EWCA Crim 1135 Court: England and...

Limits on Fresh-Evidence Appeals in Joint-Enterprise Murder: Intermediaries, ADHD Evidence, and Diminished Responsibility Where the Defendant Denies the Killing Role

Date: Sep 3, 2026

Limits on Fresh-Evidence Appeals in Joint-Enterprise Murder: Intermediaries, ADHD Evidence, and Diminished Responsibility Where the Defendant Denies the Killing Role Case: Richardson v R Citation:...

Suspended Sentences After Sentencing Act 2026: Extended Power to 3 Years Does Not Dilute the “Wrong in Principle / Manifestly Excessive” Test

Date: Sep 3, 2026

Suspended Sentences After Sentencing Act 2026: Extended Power to 3 Years Does Not Dilute the “Wrong in Principle / Manifestly Excessive” Test 1) Introduction In R v Davis & Anor [2026] EWCA Crim...

Failure to Serve a Notice of Invitation to Participate Does Not Defeat an Otherwise Valid Right-to-Manage Claim

Date: Aug 29, 2026

Failure to Serve a Notice of Invitation to Participate Does Not Defeat an Otherwise Valid Right-to-Manage Claim Case: Avon Freeholds Limited v Cresta Court E RTM Company Limited Citation: [2026] UKSC...

Asleep or Intoxicated Victims Are “Particularly Vulnerable” for Assault by Penetration (Category 2 Harm): JJH, R v [2026] EWCA Crim 1182

Date: Aug 29, 2026

Asleep or Intoxicated Victims Are “Particularly Vulnerable” for Assault by Penetration (Category 2 Harm): JJH, R v [2026] EWCA Crim 1182 1. Introduction In JJH, R v [2026] EWCA Crim 1182 (CA (Crim...

Domestic Robbery, Rehabilitation and the High Threshold for Undue Leniency

Date: Aug 29, 2026

Domestic Robbery, Rehabilitation and the High Threshold for Undue Leniency Introduction In [2026] EWCA Crim 1183, the Court of Appeal considered whether a two-year suspended sentence for a serious...

Pleading and Appellate Limits on GDPR “Least Restrictive Alternative” (Pseudonymisation) Claims in Litigation Disclosure

Date: Aug 28, 2026

Pleading and Appellate Limits on GDPR “Least Restrictive Alternative” (Pseudonymisation) Claims in Litigation Disclosure Case: Kul & Ors v DWF Law LLP Citation: [2026] EWCA Civ 1130 (Court of Appeal...

Eviction from Unauthorised Traveller Encampments: UNCRC 2024 Compatibility and Article 8 Proportionality Do Not Require “Culturally Appropriate” Alternative Accommodation Before Decree

Date: Aug 28, 2026

Eviction from Unauthorised Traveller Encampments: UNCRC 2024 Compatibility and Article 8 Proportionality Do Not Require “Culturally Appropriate” Alternative Accommodation Before Decree Court: Outer...

A Determinate Sentence Is Unduly Lenient Where an Extended Sentence Is Necessary for Public Protection

Date: Aug 28, 2026

A Determinate Sentence Is Unduly Lenient Where an Extended Sentence Is Necessary for Public Protection Case: R v Tye [2026] EWCA Crim 1179 Court: Court of Appeal (Criminal Division) Date: 27 August...

Enforcement of Adjudicators’ Awards: “Time at Large” as a Consequence of Rejecting a Party’s Case Does Not, Without More, Breach Natural Justice

Date: Aug 27, 2026

Enforcement of Adjudicators’ Awards: “Time at Large” as a Consequence of Rejecting a Party’s Case Does Not, Without More, Breach Natural Justice 1. Introduction In Entexol Ltd v Sked Construction Ltd...

Section 11A TCEA 2007: “Procedural Defect” Means Process Unfairness, Not Alleged Error of Law, and Requires a Genuinely Disputable Gateway Case

Date: Aug 27, 2026

Section 11A TCEA 2007: “Procedural Defect” Means Process Unfairness, Not Alleged Error of Law, and Requires a Genuinely Disputable Gateway Case Court: Outer House, Court of Session Judge: Lady...

Informal Non‑Goodyear Sentencing Indications Can Create a Legitimate Expectation Requiring Appellate Remedy

Date: Aug 27, 2026

Informal Non‑Goodyear Sentencing Indications Can Create a Legitimate Expectation Requiring Appellate Remedy 1) Introduction This Court of Appeal (Criminal Division) decision, Haslam, R. v [2026] EWCA...

Section 94 “Clearly Unfounded” Certification: Past Trafficking Alone Does Not Prevent Certification Without Specific Evidence of Future Risk or Protection Failures

Date: Aug 27, 2026

Section 94 “Clearly Unfounded” Certification: Past Trafficking Alone Does Not Prevent Certification Without Specific Evidence of Future Risk or Protection Failures Case: MB, R (On the Application Of)...

Parens patriae in Scotland: Court of Session may authorise urgent treatment despite parental refusal, but not routine immunisation

Date: Aug 27, 2026

Parens patriae in Scotland: Court of Session may authorise urgent treatment despite parental refusal, but not routine immunisation Court: Scottish Court of Session (Outer House) | Judge: Lord Braid |...