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

[2026] HCJAC 31 — Changing Histories as Circumstantial Evidence and Judicial Summaries of Complex Medical Proof

Date: Aug 5, 2026

Changing Caregiver Histories as Circumstantial Evidence (and the Permissible Judicial “Distillation” of Complex Medical Proof) 1. Introduction In AA v His Majesty’s Advocate [2026] HCJAC 31 (Appeal...

Extraordinary Delay Without Explanation Defeats an Extension of Time; Meritless Renewed Applications May Attract a Loss of Time Direction

Date: Aug 5, 2026

Extraordinary Delay Without Explanation Defeats an Extension of Time; Meritless Renewed Applications May Attract a Loss of Time Direction Case O'Brien, R. v [2026] EWCA Crim 1098 Court England and...

Assisting an Offender in a Murder: High-Level Assistance, Broad “Interests of Justice”, and the Limited Consequence of Sentencing Transparency Errors

Date: Aug 5, 2026

Assisting an Offender in a Murder: High-Level Assistance, Broad “Interests of Justice”, and the Limited Consequence of Sentencing Transparency Errors 1. Introduction In McCook & Anor, R. v [2026]...

Judicial Review and s.91(14) Children Act: No obligation to issue barred applications; Administrative Court intervenes only for exceptional denial of justice

Date: Aug 5, 2026

Judicial Review and s.91(14) Children Act: No obligation to issue barred applications; Administrative Court intervenes only for exceptional denial of justice 1. Introduction In LAU, R (On the...

Guilty Plea Appeals: Delay, “Fresh Evidence”, and the High Bar for Vacating Pleas

Date: Aug 5, 2026

Guilty Plea Appeals: Delay, “Fresh Evidence”, and the High Bar for Vacating Pleas Case: Dookhun, R. v Neutral citation: [2026] EWCA Crim 1099 Court: England and Wales Court of Appeal (Criminal...

Section 7 Judicial Factors Act 1849: “Expedient” (Not “Necessary”) as the Threshold for Special Powers to Sell and Wind Up a Trust amid Trustee Deadlock

Date: Aug 5, 2026

Section 7 Judicial Factors Act 1849: “Expedient” (Not “Necessary”) as the Threshold for Special Powers to Sell and Wind Up a Trust amid Trustee Deadlock 1) Introduction In Alexander Lamb for Special...

Unproved Sexual-Abuse Allegations Do Not Restore “Business-as-Usual” Contact: Welfare, Routine, and Co‑operation Still Govern Progression

Date: Aug 5, 2026

Unproved Sexual-Abuse Allegations Do Not Restore “Business-as-Usual” Contact: Welfare, Routine, and Co‑operation Still Govern Progression Case: DB v KO (Outer House, Court of Session) Citation:...

Section 333A POCA: Transaction-Specific “Tipping Off” Within a Wider Investigation; and “Duty” for Forgery Includes Investigative Employment/Public Duties

Date: Aug 1, 2026

Section 333A POCA: Transaction-Specific “Tipping Off” Within a Wider Investigation; and “Duty” for Forgery Includes Investigative Employment/Public Duties Introduction In Osmond, R. v [2026] EWCA...

Account of profits for patent infringement: apportionment where infringement does not “drive” sales; exclusive licensee “single pot” limits patentee recovery

Date: Aug 1, 2026

Account of profits for patent infringement: apportionment where infringement does not “drive” sales; exclusive licensee “single pot” limits patentee recovery Court: England and Wales Court of Appeal...

CPR 52.4 Oral Reconsideration: Email Requests, TWM Gatekeeping, and Equitable Mortgage Backstops

Date: Aug 1, 2026

CPR 52.4 Oral Reconsideration: Email Requests, “Totally Without Merit” Gatekeeping, and Equitable Mortgage Backstops Case: Evans & Anor v Swansea Building Society Neutral citation: [2026] EWCA Civ...

Remote Cyber Intrusions into UK Computers Can Constitute “Acts in the United Kingdom” under Section 5 of the State Immunity Act 1978

Date: Aug 1, 2026

Remote Cyber Intrusions into UK Computers Can Constitute “Acts in the United Kingdom” under Section 5 of the State Immunity Act 1978 1. Introduction In The Kingdom of Bahrain v Shehabi and another...

Unlawful Act Manslaughter on Secondary Liability: Context Can Cure Imperfect Identification of the Base Offence in a Route to Verdict

Date: Aug 1, 2026

Unlawful Act Manslaughter on Secondary Liability: Context Can Cure Imperfect Identification of the Base Offence in a Route to Verdict 1. Introduction In Jamal & Ors v R [2026] EWCA Crim 951, the...

Supplier “Business Connexion” Under Partnership Act 1890 s.29 Requires a Partnership Asset; s.42 Does Not Apply Where Both Ex‑Partners Trade Post‑Dissolution

Date: Aug 1, 2026

Supplier “Business Connexion” Under Partnership Act 1890 s.29 Requires a Partnership Asset; s.42 Does Not Apply Where Both Ex‑Partners Trade Post‑Dissolution Court: England and Wales Court of Appeal...

User Damages as an Arguable Remedy for Section 18 Competition Act 1998 Abuses Involving Data

Date: Aug 1, 2026

User Damages as an Arguable Remedy for Section 18 Competition Act 1998 Abuses Involving Data 1. Introduction In Meta Platforms Inc & Ors v Gormsen [2026] EWCA Civ 993, the Court of Appeal (Green LJ,...

“Pure Rate-Mitigation Occupation” Is Not Occupation for Empty Property Relief Reset: [2026] EWCA Civ 970

Date: Aug 1, 2026

“Pure Rate-Mitigation Occupation” Is Not Occupation for Empty Property Relief Reset Case: The Mayor and Commonalty and Citizens of the City of London v 48th Street Holdings Ltd & Anor Citation:...

Adoption Proportionality Requires Child-Specific Harm Consequences and Consideration of DAPO/Supervision Alternatives

Date: Aug 1, 2026

Adoption Proportionality Requires Child-Specific Harm Consequences and Consideration of DAPO/Supervision Alternatives 1. Introduction In F (Children: Placement Orders: Proportionality) [2026] EWCA...

Dynamic incorporation prevails: “protected benefits” clauses in PHI handbooks constrain unilateral variation, not collectively agreed change

Date: Aug 1, 2026

Dynamic incorporation prevails: “protected benefits” clauses in PHI handbooks constrain unilateral variation, not collectively agreed change 1. Introduction Crabb & Ors v TUI Airways Ltd [2026] EWCA...

Honest Opinion after Bridgen v Hancock: No Third‑Party Opinion Evidence under s 3(4) and a Strict, Belief‑Focused s 3(5)

Date: Aug 1, 2026

Honest Opinion after Bridgen v Hancock: No Third‑Party Opinion Evidence under s 3(4) and a Strict, Belief‑Focused s 3(5) Court: England and Wales Court of Appeal (Civil Division) Neutral citation:...

Proportionate, Pleadings-Led Discovery in Shareholder Oppression Claims: Targeted Related-Party Disclosure, Limited Confidentiality Intrusion, and a Presumption Against Unilateral Redactions

Date: Aug 1, 2026

Proportionate, Pleadings-Led Discovery in Shareholder Oppression Claims: Targeted Related-Party Disclosure, Limited Confidentiality Intrusion, and a Presumption Against Unilateral Redactions 1)...

Judicial Review Leave Refused Where a Statutory Appeal Exists: RTB Determinations, Relevance, and Bias Allegations

Date: Aug 1, 2026

Judicial Review Leave Refused Where a Statutory Appeal Exists: RTB Determinations, Relevance, and Bias Allegations 1. Introduction In Hennigan v Residential Tenancies Board and Anor (Approved) [2026]...