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

Section 4(2) Contempt Act postponement orders must be tightly targeted and cannot suppress already-public material

Date: May 23, 2026

Section 4(2) Contempt Act postponement orders must be tightly targeted and cannot suppress already-public material 1) Introduction In The Secretary of State for the Home Department v Ammori, R (on...

Sentencing Guidelines Are Not “Watertight Compartments”: Holistic Categorisation, Totality, and the Protective Purpose of Extended Sentences

Date: May 23, 2026

Sentencing Guidelines Are Not “Watertight Compartments”: Holistic Categorisation, Totality, and the Protective Purpose of Extended Sentences 1) Introduction In R v Eniola Aminu ([2026] EWCA Crim...

Revisiting Section 11 Child-Arrangements After Proof: Unworkable Orders and Welfare-Driven Variation

Date: May 23, 2026

Revisiting Section 11 Child-Arrangements After Proof: Unworkable Orders and Welfare-Driven Variation Court: Outer House, Court of Session (Scotland) Citation: [2026] CSOH 47 Judge: Lord Braid Date:...

R v Weston [2026] EWCA Crim 708 — Sentencing uplifts for “significant role” couriers in mega-scale cocaine conspiracies: when 20 years becomes manifestly excessive

Date: May 23, 2026

Sentencing uplifts for “significant role” couriers in mega-scale cocaine conspiracies: when 20 years becomes manifestly excessive Case: R v Weston [2026] EWCA Crim 708 (CA (Crim Div)) Date: 22 May...

Section 189A Personalised Plans Cannot Require “Part 6 Allocation Steps”: Clarifying the Part 6/Part 7 Boundary

Date: May 22, 2026

Section 189A Personalised Plans Cannot Require “Part 6 Allocation Steps”: Clarifying the Part 6/Part 7 Boundary 1. Introduction AA, R (On the Application Of) v London Borough of Waltham Forest...

RAND Compliance and the Impermissibility of Forcing Arbitration/Stays for Third-Party SEP Cross-Licence Disputes

Date: May 22, 2026

RAND Compliance and the Impermissibility of Forcing Arbitration/Stays for Third-Party SEP Cross-Licence Disputes 1. Introduction Acer Incorporated & Anor v Nokia Technologies OY concerns the...

Article 3 Medical Deportation Claims: “Intense Suffering” Is Mandatory and Speculative Post-Removal Offending/Imprisonment Is Too Remote

Date: May 22, 2026

Article 3 Medical Deportation Claims: “Intense Suffering” Is Mandatory and Speculative Post-Removal Offending/Imprisonment Is Too Remote Case: Secretary of State for the Home Department v OSB Neutral...

Deliberate Breach of a Freezing Order: “Harm” Includes Enforcement Burden and Immediate Custody Will Rarely Be Disturbed on Appeal

Date: May 22, 2026

Deliberate Breach of a Freezing Order: “Harm” Includes Enforcement Burden and Immediate Custody Will Rarely Be Disturbed on Appeal Introduction In Khan v North of England Coachworks Ltd [2026] EWCA...

Attorney General’s Reference and “Unduly Lenient” Sentences: Flexible Use of Guidelines and Limited Appellate Intervention

Date: May 22, 2026

Attorney General’s Reference and “Unduly Lenient” Sentences: Flexible Use of Guidelines and Limited Appellate Intervention 1. Introduction In R v Griffiths-Davies [2026] EWCA Crim 737, the Court of...

Position statements in Court of Protection cases are court records but not presumptively disclosable: open justice requires demonstrated need and Article 8–sensitive safeguards

Date: May 22, 2026

Position statements in Court of Protection cases are court records but not presumptively disclosable: open justice requires demonstrated need and Article 8–sensitive safeguards Introduction Re:...

Article 6 Fairness Requires Calling an Available Witness: Limits on Police-Statement Hearsay in Children’s Hearings Grounds Proofs

Date: May 22, 2026

Article 6 Fairness Requires Calling an Available Witness: Limits on Police-Statement Hearsay in Children’s Hearings Grounds Proofs Court: Scottish Court of Session, Inner House (Extra Division)...

Clinical-Overdose as a “Kelly v Hennessy Accident”: Duty of Care to a Spouse Witnessing the Immediate Aftermath

Date: May 22, 2026

Clinical-Overdose as a “Kelly v Hennessy Accident”: Duty of Care to a Spouse Witnessing the Immediate Aftermath Case: Kinsella v Carter (Approved) Neutral citation: [2026] IEHC 319 Court: High Court...

Family Reunification under s.56: Minister May Reject Unreliable Somali Marriage Certificates and Require Corroboration of a Subsisting Marriage

Date: May 22, 2026

Family Reunification under s.56: Minister May Reject Unreliable Somali Marriage Certificates and Require Corroboration of a Subsisting Marriage Case: N.K.S v The Minister For Justice (Approved)...

Article 6 Fairness in Children’s Hearings Referrals: Police-Statement Hearsay Cannot Substitute for Live Evidence Where the Witness Is Available

Date: May 22, 2026

Article 6 Fairness in Children’s Hearings Referrals: Police-Statement Hearsay Cannot Substitute for Live Evidence Where the Witness Is Available Introduction This Inner House appeal (Appeal by AJ...

Complaint-Based GDPR Inquiries Permit System-Wide Corrective Measures and Fines

Date: May 22, 2026

Complaint-Based GDPR Inquiries Permit System-Wide Corrective Measures and Fines 1) Introduction In Meta Platforms Ireland Ltd v Data Protection Commission (Approved) [2026] IEHC 323, the High Court...

“Stated Reasons” for s.31 Planning Directions: Reasons May Be Ascertained from OPR Recommendations on Reasonable Inquiry

Date: May 22, 2026

“Stated Reasons” for s.31 Planning Directions: Reasons May Be Ascertained from OPR Recommendations on Reasonable Inquiry 1) Introduction Fox v Wicklow County Council & Ors [2026] IEHC 412 is a High...

Indefinite restraining orders for stalking: proportionality where risk is enduring and contact serves no legitimate purpose

Date: May 22, 2026

Indefinite restraining orders for stalking: proportionality where risk is enduring and contact serves no legitimate purpose Introduction In R v Taylor [2026] EWCA Crim 727, the Court of Appeal...

Regulators Do Not Enjoy Baxendale-Walker Costs Protection on Appeals from the SDT: Normal CPR Costs-Shifting Applies

Date: May 22, 2026

Regulators Do Not Enjoy Baxendale-Walker Costs Protection on Appeals from the SDT: Normal CPR Costs-Shifting Applies Introduction Dentons UK And Middle East LLP v Solicitors Regulation Authority Ltd...

Strict enforcement of the 7‑day Court of Appeal appeal deadline in NSIP DCO judicial reviews under PD 52D para 17.3

Date: May 22, 2026

Strict enforcement of the 7‑day Court of Appeal appeal deadline in NSIP DCO judicial reviews under PD 52D para 17.3 Case: Luton And District Association for the Control of Aircraft Noise, R (On the...

Near-Inevitability of Dismissal for Sexual Assault in the Armed Forces and Calibration of Service Detention Against Civilian Sentencing Ranges

Date: May 22, 2026

Near-Inevitability of Dismissal for Sexual Assault in the Armed Forces and Calibration of Service Detention Against Civilian Sentencing Ranges Case: Wachowiak, R. v Neutral citation: [2026] EWCA Crim...