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

Habile Title and Multi-Level Plans: Inset Plans and “As Presently Occupied” Can Found Prescription and Register Rectification

Date: Jan 16, 2026

Habile Title and Multi-Level Plans: Inset Plans and “As Presently Occupied” Can Found Prescription and Register Rectification 1. Introduction Elizabeth Pirnie against Douglas Rarity (Court of...

Rubery v Ministry of Defence: Section 121 Equality Act 2010—No Article 14/6 Incompatibility and No HRA s.3 “Rewrite” to Cure an Interlocking Scheme

Date: Jan 16, 2026

Rubery v Ministry of Defence: Section 121 Equality Act 2010—No Article 14/6 Incompatibility and No HRA s.3 “Rewrite” to Cure an Interlocking Scheme Court: England and Wales Court of Appeal (Civil...

JCT DB 2016 Clause 8.9.4: “Repeat Default” Termination Requires a Previously Accrued Clause 8.9.3 Right

Date: Jan 16, 2026

JCT DB 2016 Clause 8.9.4: “Repeat Default” Termination Requires a Previously Accrued Clause 8.9.3 Right 1. Introduction Providence Building Services Limited v Hexagon Housing Association Limited...

Costs Consequences of an Unstateable Interlocutory Injunction and of Mootness in Plenary “Environmental” Litigation

Date: Jan 16, 2026

Costs Consequences of an Unstateable Interlocutory Injunction and of Mootness in Plenary “Environmental” Litigation Case: Croghan and Ors v Collins and Ors (Costs Ruling) Citation: [2026] IEHC 22...

R v LEJ [2026] EWCA Crim 49 — No-Case-to-Answer: Unadduced Defence Material and the Limits of Judicial Reliability Assessment

Date: Jan 16, 2026

No-Case-to-Answer After Galbraith: A Judge Must Not Rely on Unadduced/Contested Defence Material When Halting a Jury Trial 1) Introduction R v LEJ concerns a prosecution application for leave to...

Taylor, R. v [2026] EWCA Crim 271 — Community Orders for Historic Child-Perpetrated Sexual Offences Must Include a Punitive Requirement (Absent Exceptional Circumstances)

Date: Jan 16, 2026

Community Orders for Historic Child-Perpetrated Sexual Offences Must Include a Punitive Requirement (Absent Exceptional Circumstances) Case: Taylor, R. v Citation: [2026] EWCA Crim 271 Court: England...

Paid “Volunteer” Coastguard Rescue Officers Are “Workers” When Attending Remunerated Activities

Date: Jan 15, 2026

Paid “Volunteer” Coastguard Rescue Officers Are “Workers” When Attending Remunerated Activities 1. Introduction Maritime and Coastguard Agency v Groom ([2026] EWCA Civ 6) concerns whether a...

Security for Costs in Visa Judicial Review: Refusal Where the Order Would Stifle Merits Adjudication Despite Prima Facie Entitlement

Date: Jan 15, 2026

Security for Costs in Visa Judicial Review: Refusal Where the Order Would Stifle Merits Adjudication Despite Prima Facie Entitlement 1) Introduction Hamza v The Minister For Justice [2026] IEHC 14 is...

Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms

Date: Jan 15, 2026

Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms 1) Introduction Mars Capital Finance Ireland DAC v O'Connor and Anor concerned a mortgagee’s claim...

Lenient but Not “Unduly Lenient”: Category Elevation in Stalking and Appellate Restraint Despite Unclear Mitigation Accounting

Date: Jan 15, 2026

Lenient but Not “Unduly Lenient”: Category Elevation in Stalking and Appellate Restraint Despite Unclear Mitigation Accounting Introduction R v Lupu [2026] EWCA Crim 39 is an Attorney General’s...

R v Selamaj & Anor [2026] EWCA Crim 66 — “Especially dangerous” weapon uplift is not impermissible double counting in Category 1A affray, but mitigation may require reversion to the guideline starting point; immediate custody remains appropriate for weaponised street violence

Date: Jan 15, 2026

R v Selamaj & Anor [2026] EWCA Crim 66 — “Especially dangerous” weapon uplift is not impermissible double counting in Category 1A affray, but mitigation may require reversion to the guideline...

HMO Co‑operative Exemption Requires Rules that Mandate Member-Made Management Decisions (Committee Powers Defeat Schedule 14 Para 2B)

Date: Jan 15, 2026

HMO Co‑operative Exemption Requires Rules that Mandate Member-Made Management Decisions (Committee Powers Defeat Schedule 14 Para 2B) 1. Introduction Housing 35 Plus Ltd v Nottingham City Council...

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications

Date: Jan 15, 2026

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications Case: Commission for Communications Regulation v Sky Ireland Ltd...

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125

Date: Jan 15, 2026

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125 1) Introduction Doyle v Buckley [Practising Under the Style and Title of J. Buckley &...

R v Price: Youth rape sentencing—YRO with ISS may be proportionate despite custodial threshold; “particularly vulnerable” and “severe psychological harm” harm factors applied narrowly

Date: Jan 15, 2026

R v Price: Youth rape sentencing—YRO with ISS may be proportionate despite custodial threshold; “particularly vulnerable” and “severe psychological harm” harm factors applied narrowly 1. Introduction...

Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders

Date: Jan 14, 2026

Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders 1. Introduction LLC Eurochem North-West-2 v Tecnimont SPA & Anor concerned a focused but practically...

Unparticularised Allegations of Bias and Incoherent Appeal Grounds Cannot Sustain Recusal or Appellate Proceedings

Date: Jan 14, 2026

Unparticularised Allegations of Bias and Incoherent Appeal Grounds Cannot Sustain Recusal or Appellate Proceedings Case: Santander Consumer (UK) PLC v Young Citation: [2026] NICA 7 Court: Court of...

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order

Date: Jan 14, 2026

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order Case: Goode Concrete v Cement Roadstone Holdings PLC and Ors...

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders

Date: Jan 14, 2026

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders Case: Criminal Assets Bureau v X and Y and Z (Approved) Citation: [2026] IEHC 34 Court: High Court...

Proper Provision with Inherited/Business Assets: Calibrated Intrusion, Not 50:50, and an Elective Deferred Realisation Mechanism

Date: Jan 14, 2026

Proper Provision with Inherited/Business Assets: Calibrated Intrusion, Not 50:50, and an Elective Deferred Realisation Mechanism 1) Introduction J.K.M. v L.M (ancillary reliefs; proper provision;...