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

Defining the “Transaction” and Tightening the s.238 Defence: Commentary on TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669

Date: Dec 22, 2025

Defining the “Transaction” and Tightening the s.238 Defence: Commentary on TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669 1. Introduction This Court of Appeal...

Motorola v Hytera [2025] EWCA Civ 1667: Total Bar on Enforcement of Foreign Multiple-Damages Judgments and CPR 40.8A as the Primary Route for Post‑Judgment Relief after Foreign Appeals

Date: Dec 22, 2025

Motorola v Hytera [2025] EWCA Civ 1667: Total Bar on Enforcement of Foreign Multiple-Damages Judgments and CPR 40.8A as the Primary Route for Post‑Judgment Relief after Foreign Appeals 1....

Kone v Secretary of State: Paragraph 297(i)(f) Applies Where One Parent Is Settled Even If the Other Has Limited Leave, and “Exclusion” Is a Normative Test

Date: Dec 22, 2025

Kone v Secretary of State for the Home Department [2025] EWCA Civ 1653: Paragraph 297(i)(f) Applies Where One Parent Is Settled Even If the Other Has Limited Leave, and “Exclusion” Is a Normative...

Economic Necessity, Re‑Trafficking Risk and the Refugee Convention Nexus: Commentary on EAV & GMP v Secretary of State for the Home Department [2025] EWCA Civ 1677

Date: Dec 22, 2025

Economic Necessity, Re‑Trafficking Risk and the Refugee Convention Nexus: Commentary on EAV & GMP v Secretary of State for the Home Department [2025] EWCA Civ 1677 1. Introduction This Court of...

Coulthard v Secretary of State: Exceptional Public Interest, Criminal Offences and the Limits of Section 31(2B) SCA 1981

Date: Dec 22, 2025

Exceptional Public Interest and Offence‑Creating Secondary Legislation: Coulthard & Anor v Secretary of State and the Limits of Section 31(2B) Senior Courts Act 1981 1. Introduction This Court of...

Correcting a Warrant-Specific Limitation Error Does Not Create Issue Estoppel in Successive EAW Proceedings

Date: Dec 20, 2025

Correcting a Warrant-Specific Limitation Error Does Not Create Issue Estoppel in Successive EAW Proceedings Case: Minister For Justice v Cup (Approved) [2025] IEHC 753 (High Court, McGrath J, 19...

Correspondence for Breach of Interim Risk of Sexual Harm Orders and Article 8 Disproportionality After Prolonged Delay in TCA Warrant Surrender

Date: Dec 20, 2025

Correspondence for Breach of Interim Risk of Sexual Harm Orders and Article 8 Disproportionality After Prolonged Delay in TCA Warrant Surrender 1) Introduction In Minister For Justice v Lomas [2025]...

Judicial Review Is Not a Standalone Route to Obtain CCTV/Disclosure: Alternative Statutory Remedies and Inquest-Fairness as the Proper Public Law Focus

Date: Dec 20, 2025

Judicial Review Is Not a Standalone Route to Obtain CCTV/Disclosure: Alternative Statutary Remedies and Inquest-Fairness as the Proper Public Law Focus 1. Introduction Redic v Commissioner of An...

Public-Interest Departure from the Default Costs Rule in Seanad Election Petitions

Date: Dec 20, 2025

Public-Interest Departure from the Default Costs Rule in Seanad Election Petitions Introduction Feeney v Groves and Ors [No. 2] (Approved) [2025] IEHC 770 is an ex tempore decision of the High Court...

McNamara, R. v — Sentencing for SHPO Breach: Underlying Sexual Exploitation, Assessed Risk and Sustained Contact Can Properly Place a Single-Date Breach in Category 1A

Date: Dec 20, 2025

Sentencing for SHPO Breach: Underlying Sexual Exploitation, Assessed Risk and Sustained Contact Can Properly Place a Single-Date Breach in Category 1A 1. Introduction McNamara, R. v ([2025] EWCA Crim...

Fugitives Cannot Leverage Their Flight to Obtain Eight-Year Extensions of Time: Renewed Leave to Appeal Refused in R. v Gifford & Anor

Date: Dec 20, 2025

Fugitives Cannot Leverage Their Flight to Obtain Eight-Year Extensions of Time: Renewed Leave to Appeal Refused in R. v Gifford & Anor [2025] EWCA Crim 1748 1. Introduction R. v Gifford & Anor...

Testamentary Capacity with Fluctuating Vascular Dementia: When Detailed Solicitor Attendances Can Sustain Probate Despite Retrospective Medical Doubts

Date: Dec 20, 2025

Testamentary Capacity with Fluctuating Vascular Dementia: When Detailed Solicitor Attendances Can Sustain Probate Despite Retrospective Medical Doubts 1) Introduction In Re: The Estate of Teresa...

“Assess” vs “Take Account”: When IPAT Must Demonstrably Engage with an Appellant’s Case (and When a General Consideration Statement Suffices)

Date: Dec 20, 2025

“Assess” vs “Take Account”: When IPAT Must Demonstrably Engage with an Appellant’s Case (and When a General Consideration Statement Suffices) 1. Introduction S.G. (Albania) sought judicial review of...

Jury Access to ABE Evidence-in-Chief in Retirement: Fundamental Irregularity Requiring Retrial and a Restrained Approach to Post‑Verdict Jury Inquiry

Date: Dec 20, 2025

Jury Access to ABE Evidence-in-Chief in Retirement: Fundamental Irregularity Requiring Retrial and a Restrained Approach to Post‑Verdict Jury Inquiry 1. Introduction In JEH, R. v [2025] EWCA Crim...

Cavan v Bunting [2025] NICA 68 — When Targeted Social-Media “Grooming” Allegations Cross Article 10 into Actionable Harassment

Date: Dec 20, 2025

Cavan v Bunting [2025] NICA 68 — When Targeted Social-Media “Grooming” Allegations Cross Article 10 into Actionable Harassment 1. Introduction Cavan v Bunting concerned the boundary between robust...

EAW “Correspondence” for School-Attendance Neglect: Sufficient Similarity of Regulatory Regimes Despite Covid Remote-Learning Context

Date: Dec 20, 2025

EAW “Correspondence” for School-Attendance Neglect: Sufficient Similarity of Regulatory Regimes Despite Covid Remote-Learning Context 1) Introduction Minister For Justice v Balogova (Approved) [2025]...

Repeat Presidential Election Challenges Struck Out as Res Judicata; Henderson Bar and Statutory Petition Exclusivity under the Presidential Elections Act 1993

Date: Dec 20, 2025

Repeat Presidential Election Challenges Struck Out as Res Judicata; Henderson Bar and Statutory Petition Exclusivity under the Presidential Elections Act 1993 1. Introduction Byrne v Tanaiste and Ors...

Immediate Custody as the Norm for Perverting the Course of Justice: Childcare Hardship Rarely Justifies Suspension in False Rape Allegation Cases

Date: Dec 20, 2025

Immediate Custody as the Norm for Perverting the Course of Justice: Childcare Hardship Rarely Justifies Suspension in False Rape Allegation Cases 1. Introduction R. v May ([2025] EWCA Crim 1782) is a...

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences

Date: Dec 19, 2025

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences 1. Introduction This commentary examines the decision of the England and Wales...

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672

Date: Dec 19, 2025

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672 1. Introduction This...