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

Refusal to Reassess Age: Minimal Reasons Suffice Absent New, Objectively Verifiable Evidence

Date: Aug 26, 2026

Refusal to Reassess Age: Minimal Reasons Suffice Absent New, Objectively Verifiable Evidence 1. Introduction In Thuyen Van Nguyen for Judicial Review ([2026] CSOH 78), the Outer House of the Court of...

Section 37 CPIA 1996: No Early Publication of an Appeal Judgment While Related Trials Remain Pending, but Controlled Professional Sharing Permitted

Date: Aug 26, 2026

Section 37 CPIA 1996: No Early Publication of an Appeal Judgment While Related Trials Remain Pending, but Controlled Professional Sharing Permitted 1) Introduction This decision of the England and...

Asset-stripping to connected companies when insolvency is “bordering” triggers creditor-duty breach and director unfitness under CDDA 1986 s6

Date: Aug 26, 2026

Asset-stripping to connected companies when insolvency is “bordering” triggers creditor-duty breach and director unfitness under CDDA 1986 s6 Court: Scottish Court of Session, Outer House Judge: Lord...

Judicial Review to Prevent Unfair Standards Commission Hearings and Limits on Excluding Relevant Evidence

Date: Aug 26, 2026

Judicial Review to Prevent Unfair Standards Commission Hearings and Limits on Excluding Relevant Evidence Introduction In Petition of Fiona Higgins for Judicial Review of decisions of the Standards...

Unlawful IPP for a Non‑“Serious Offence”: 20‑Year Extension of Time and Substitution with a Section 227 Extended Sentence

Date: Aug 26, 2026

Unlawful IPP for a Non‑“Serious Offence”: 20‑Year Extension of Time and Substitution with a Section 227 Extended Sentence 1. Introduction In Haycock v R [2026] EWCA Crim 1105, the Court of Appeal...

When Unanimous Psychiatric Evidence Shows a Section 37/41 Regime Better Protects the Public, Sentencers Must Give Cogent, Evidence-Based Reasons to Prefer a Section 45A Hybrid Order

Date: Aug 26, 2026

When Unanimous Psychiatric Evidence Shows a Section 37/41 Regime Better Protects the Public, Sentencers Must Give Cogent, Evidence-Based Reasons to Prefer a Section 45A Hybrid Order Case: R v Coulson...

Foreseeability Is Not Breach in Highway-Design Negligence: A Structured Evaluative Assessment Is Required

Date: Aug 25, 2026

Foreseeability Is Not Breach in Highway-Design Negligence: A Structured Evaluative Assessment Is Required 1. Introduction Transport for London v Young & Anor [2026] EWCA Civ 1095 concerned two...

Deliberate “road rage” manoeuvres in dangerous driving: categorisation above guideline starting points and strong resistance to suspension

Date: Aug 22, 2026

Deliberate “road rage” manoeuvres in dangerous driving: categorisation above guideline starting points and strong resistance to suspension 1) Introduction R v Wood [2026] EWCA Crim 1177 (CA (Crim...

Drone-enabled Prison Contraband Conspiracies: Upper-end sentences for cannabis supply and near-maximum for phones/dongles, applying totality

Date: Aug 20, 2026

Drone-enabled Prison Contraband Conspiracies: Upper-end sentences for cannabis supply and near-maximum for phones/dongles, applying totality 1) Introduction In Dragovic, R. v [2026] EWCA Crim 1176...

Operational Electronic-Security Disobedience May Justify Immediate Service Detention Despite Family Hardship

Date: Aug 19, 2026

Operational Electronic-Security Disobedience May Justify Immediate Service Detention Despite Family Hardship Case: Barton-Kennedy, R. v Citation: [2026] EWCA Crim 1228 Court: Court-Martial Appeal...

RCS 63.6A Directions: Executors of a Lloyd’s “Name” May Distribute an Estate Without Retention Where Post‑1993 Liabilities Are Remote and Protected by RITC/Exeat/New Central Fund

Date: Aug 15, 2026

RCS 63.6A Directions: Executors of a Lloyd’s “Name” May Distribute an Estate Without Retention Where Post‑1993 Liabilities Are Remote and Protected by RITC/Exeat/New Central Fund 1. Introduction In...

Parole for Life Prisoners: Release Test Not Confined to “Life and Limb” Violence

Date: Aug 15, 2026

Parole for Life Prisoners: Release Test Not Confined to “Life and Limb” Violence 1. Introduction In Petition of Walter Thomson for Judicial Review of a decision of the Parole Board for Scotland dated...

Article 40 Habeas Corpus: Convicted Prisoners and Non‑Release Remedies Fall Outside the Inquiry Jurisdiction

Date: Aug 15, 2026

Article 40 Habeas Corpus: Convicted Prisoners and Non‑Release Remedies Fall Outside the Inquiry Jurisdiction 1. Introduction In Smyth v Governor Of Mountjoy Prison (Approved) [2026] IEHC 588, the...

NPF4 Renewable Energy Support Does Not Displace Geographically-Specific LDP “Countryside Around Towns” Policies: Policy 11’s Balance Is Proposal-Impact Focused, While Plan-Wide Balancing Sits Under Policy 1

Date: Aug 15, 2026

NPF4 Renewable Energy Support Does Not Displace Geographically-Specific LDP “Countryside Around Towns” Policies: Policy 11’s Balance Is Proposal-Impact Focused, While Plan-Wide Balancing Sits Under...

Interim GMC Orders: Post-Criminal Disposal Extensions Require Evidence-Based Risk and Proportionate, Focused Investigation

Date: Aug 15, 2026

Interim GMC Orders: Post-Criminal Disposal Extensions Require Evidence-Based Risk and Proportionate, Focused Investigation 1. Introduction In Petition of The General Medical Council for an order in...

R v Hossen [2026] EWCA Crim 1065 — Section 2(9) Terrorism Act 2006 defence: universally available, objectively assessed, and proved by the defendant

Date: Aug 14, 2026

Section 2(9) Terrorism Act 2006 defence: universally available, objectively assessed, and proved by the defendant Case: R v Hossen Neutral citation: [2026] EWCA Crim 1065 (CA (Crim Div), 7 August...

Case Management Pending a Supreme Court Jurisdiction Challenge: Extending CPR 11(7) Time While Requiring a Defence with Protective Undertakings and Cost Indemnity

Date: Aug 14, 2026

Case Management Pending a Supreme Court Jurisdiction Challenge: Extending CPR 11(7) Time While Requiring a Defence with Protective Undertakings and Cost Indemnity 1. Introduction Sucden Financial Ltd...

High Court: s.49 Permission-to-Remain Reviews Must Correctly Apprehend Employment, Treat 13 Years’ Residence as Requiring Genuine Proportionality Analysis, and Engage with “Common Good” Contributions

Date: Aug 14, 2026

High Court: s.49 Permission-to-Remain Reviews Must Correctly Apprehend Employment, Treat 13 Years’ Residence as Requiring Genuine Proportionality Analysis, and Engage with “Common Good” Contributions...

Exceptional Suspension of a Section 18 Sentence Where Immediate Custody Would Disproportionately Harm Children with Special Educational Needs

Date: Aug 14, 2026

Exceptional Suspension of a Section 18 Sentence Where Immediate Custody Would Disproportionately Harm Children with Special Educational Needs Introduction In R v Cahill [2026] EWCA Crim 1140, the...

Substitution (Not Remittal) Where an SLCC-Remitted Conduct Complaint Is “Totally Without Merit” and Procedural Fairness Is Breached

Date: Aug 14, 2026

Substitution (Not Remittal) Where an SLCC-Remitted Conduct Complaint Is “Totally Without Merit” and Procedural Fairness Is Breached 1. Introduction In Appeals by The Faculty of Advocates and XY...