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

Noori: Deterrent Uplift in False-ID Sentencing Amid Asylum-System Pressures; Full Guilty-Plea Credit Despite Procedural Defects; Deportation Recommendations to Be Used Sparingly

Date: Dec 19, 2025

Noori: Deterrent Uplift in False-ID Sentencing Amid Asylum-System Pressures; Full Guilty-Plea Credit Despite Procedural Defects; Deportation Recommendations to Be Used Sparingly 1. Introduction R. v...

Brown, R. v — Pre-offence Messaging as “Facts of the Offence” (CJA 2003, s.98) and “Significant Contribution” Causation in Mixed Trauma/Drug Deaths

Date: Dec 19, 2025

Brown, R. v — Pre-offence Messaging as “Facts of the Offence” (CJA 2003, s.98) and “Significant Contribution” Causation in Mixed Trauma/Drug Deaths Citation: [2025] EWCA Crim 1779 | Court: England...

Procedural unfairness in Industrial Tribunal appeals: appellate determination de novo and “panoramic” assessment of overall fairness

Date: Dec 19, 2025

Procedural unfairness in Industrial Tribunal appeals: appellate determination de novo and “panoramic” assessment of overall fairness Case: DD v TT Neutral citation: [2025] NICA 75 (Court of Appeal in...

Ministerial Primacy and De Novo Wiley Balancing in Inquests: Commentary on Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47

Date: Dec 18, 2025

Ministerial Primacy and De Novo Wiley Balancing in Inquests: Commentary on Secretary of State for Northern Ireland for Judicial Review [2025] UKSC 47 1. Introduction This decision of the United...

Revenue and Customs v Hotel La Tour Ltd: Input VAT on Exempt Fundraising Share Sales and the Limits of VAT Grouping

Date: Dec 18, 2025

Revenue and Customs v Hotel La Tour Ltd: Input VAT on Exempt Fundraising Share Sales and the Limits of VAT Grouping Case: Revenue and Customs v Hotel La Tour Ltd [2025] UKSC 46 Court: United Kingdom...

Clarke, R. v — Sentencing Where a Defendant Crosses the Child/Adult Threshold: “Starting Point at Date of Offence” Is Powerful but Not Determinative; Disparity May Be Explained by Plea Strategy

Date: Dec 18, 2025

Sentencing Where a Defendant Crosses the Child/Adult Threshold: “Starting Point at Date of Offence” Is Powerful but Not Determinative; Disparity May Be Explained by Plea Strategy Clarke, R. v [2025]...

D.D. v B.B. (Disclosure; Circuit Appeal) — Finality of Circuit Appeals and No High Court “Review” After Final Orders Absent Limited Exceptions

Date: Dec 18, 2025

Finality of Circuit Appeals and No High Court “Review” After Final Orders (Disclosure Allegations Must Be Raised in-Time or in the Proper Forum) 1) Introduction D.D. v B.B. (Disclosure; Circuit...

Blower v GH Canfield LLP: Pleading Counterfactual Causation and Properly Particularising Conflicts of Interest in Solicitor Negligence Claims

Date: Dec 18, 2025

Blower v GH Canfield LLP: Pleading Counterfactual Causation and Properly Particularising Conflicts of Interest in Solicitor Negligence Claims Court: England and Wales Court of Appeal (Civil Division)...

R v Brand: Appellate Restraint on Suspension Decisions and Proportionate SHPO Restrictions in Indecent Image Cases

Date: Dec 18, 2025

R v Brand: Appellate Restraint on Suspension Decisions and Proportionate SHPO Restrictions in Indecent Image Cases 1. Introduction In Brand, R. v ([2025] EWCA Crim 1754), the Court of Appeal...

Concurrent Wrongdoer Defences, Late Amendments and Discovery of Settlement Agreements in Defamation: Commentary on Scallon v The Irish Times Trust Ltd & Meta Platforms Ireland Ltd [2025] IEHC 719

Date: Dec 17, 2025

Concurrent Wrongdoer Defences, Late Amendments and Discovery of Settlement Agreements in Defamation: Commentary on Scallon v The Irish Times Trust Ltd & Meta Platforms Ireland Ltd [2025] IEHC 719 1....

O'Dowd & Ors v McGinley [2025] IEHC 713: Enforcing Guaranteed Returns in Informal Investment Agreements and the Primacy of Evidence in Fraud Damages

Date: Dec 17, 2025

O'Dowd & Ors v McGinley [2025] IEHC 713: Enforcing Guaranteed Returns in Informal Investment Agreements and the Primacy of Evidence in Fraud Damages 1. Introduction This High Court decision,...

Mandatory Capacity Declarations and Proportionate Decision-Making Representation on Discharge from Wardship: Commentary on Health Service Executive v VV [2025] IEHC 714

Date: Dec 17, 2025

Mandatory Capacity Declarations and Proportionate Decision-Making Representation on Discharge from Wardship: Commentary on Health Service Executive v VV [2025] IEHC 714 1. Introduction Health Service...

Rebutting the Presumption of Regularity and the Materiality of Unconsidered Documents in International Protection Appeals: Commentary on C. (Nigeria) v International Protection Appeals Tribunal [2025] IEHC 606

Date: Dec 17, 2025

Rebutting the Presumption of Regularity and the Materiality of Unconsidered Documents in International Protection Appeals: Commentary on C. (Nigeria) (Unconsidered documents) v International...

Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR

Date: Dec 17, 2025

Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR 1. Introduction In Smith & Ors, R v [2025] EWCA Crim 1623, the Court of Appeal...

Political Change as an Extrinsic Reason for Refusing Costs: Commentary on PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644

Date: Dec 17, 2025

Political Change as an Extrinsic Reason for Refusing Costs: Commentary on Public and Commercial Services Union v Secretary of State for the Home Department [2025] EWCA Civ 1644 1. Introduction 1.1....

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v SSHD [2025] EWCA Civ 1646

Date: Dec 17, 2025

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v Secretary of State for the Home Department [2025] EWCA Civ 1646 1. Introduction This...

Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116

Date: Dec 17, 2025

Schedules of Condition as Evidential Baselines, Not Conditions Precedent: Commentary on Nicol's Worsteds Ltd v HLT Stakis Operator Ltd [2025] CSOH 116 1. Introduction This Outer House decision of...

JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting

Date: Dec 17, 2025

JU v NU [2025] CSOH 117: Structured Hierarchies for Contact, Handover and Video Communication in Long‑Distance Parenting 1. Introduction This opinion of Lord Braid in the Outer House of the Court of...

Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The NMC v Ibrahim [2025] EWCA Civ 1631

Date: Dec 17, 2025

Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The Nursing and Midwifery Council v Ibrahim [2025] EWCA Civ 1631 1. Introduction The...

Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise

Date: Dec 17, 2025

Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise 1. Introduction The decision in C (A Child)...