uber- Case Commentaries

Exhaustion of Circuit Court Rehearing Appeals Before Judicial Review of District Court Orders Annuling Statutory Notices

Date: Jul 25, 2026

Exhaustion of Circuit Court Rehearing Appeals Before Judicial Review of District Court Orders Annuling Statutory Notices 1) Introduction In Minister For Agriculture Food and The Marine v Fitzgerald...

Reduction of Undefended Divorce Decrees: Whole-Circumstances Test and the Need for a Non‑Speculative Financial Provision Claim

Date: Jul 25, 2026

Reduction of Undefended Divorce Decrees: Whole-Circumstances Test and the Need for a Non‑Speculative Financial Provision Claim 1) Introduction In [2026] CSOH 69 (Outer House, Court of Session), Lord...

Bad Character Evidence: Prior Perverting-the-Course-of-Justice Conviction Admissible Where the Defendant Alleges Investigative/Prosecutorial Misconduct

Date: Jul 25, 2026

Bad Character Evidence: Prior Perverting-the-Course-of-Justice Conviction Admissible Where the Defendant Alleges Investigative/Prosecutorial Misconduct 1) Introduction In Oppong, R. v [2026] EWCA...

Defective Representation Requires Non‑Presentation of the Defence; Section 275 Requires Specificity (Scotland)

Date: Jul 25, 2026

Defective Representation Requires Non‑Presentation of the Defence; Section 275 Applications Must Identify Specific Occurrences and Material 1) Introduction In [2026] HCJAC 28 (Appeal Court, High...

Anti-suit injunctions to protect Commercial Court case-management: restricting foreign §1782 discovery that undermines cost-minimisation

Date: Jul 25, 2026

Anti-suit injunctions to protect Commercial Court case-management: restricting foreign §1782 discovery that undermines cost-minimisation Case: Goldstein Property ICAV v RELM Loan Opportunities 2...

Certification to Appeal Refused: Fact-Specific Oral-Hearing Fairness Findings in IPAT Appeals Do Not Meet the “Exceptional Public Importance” Threshold

Date: Jul 25, 2026

Certification to Appeal Refused: Fact-Specific Oral-Hearing Fairness Findings in IPAT Appeals Do Not Meet the “Exceptional Public Importance” Threshold 1) Introduction This decision of the High Court...

WFD “Best Available Monitoring Data” Duty and Re-examination of Ireland’s EIA “Preliminary Examination” for Sub-threshold Housing

Date: Jul 25, 2026

WFD “Best Available Monitoring Data” Duty and Re-examination of Ireland’s EIA “Preliminary Examination” for Sub-threshold Housing Case: Shorten v An Coimisiun Pleanala and Ors (Approved) [2026] IEHC...

Domestic abuse ABH sentencing: justified uplift and when failure to tick every suspension factor is cured by appellate cross-check

Date: Jul 25, 2026

Domestic abuse ABH sentencing: justified uplift and when failure to tick every suspension factor is cured by appellate cross-check 1) Introduction In R v Nagy [2026] EWCA Crim 1120, the Court of...

Section 117C(6): Severe Child Autism and Primary Care Realities Can Amount to “Very Compelling Circumstances”; Limited Role for OASys Risk Predictions

Date: Jul 24, 2026

Section 117C(6): Severe Child Autism and Primary Care Realities Can Amount to “Very Compelling Circumstances”; Limited Role for OASys Risk Predictions Case: Secretary of State for the Home Department...

Section 3 of the 2013 Act: Circuit Court Jurisdiction Turns on Principal Private Residence Status When Proceedings Issue

Date: Jul 24, 2026

Section 3 of the 2013 Act: Circuit Court Jurisdiction Turns on Principal Private Residence Status When Proceedings Issue 1) Introduction In [2026] IEHC 529, Ms Justice Marguerite Bolger determined a...

Cross-examination in Judicial Review where Credibility Drives Standing and Extension of Time

Date: Jul 24, 2026

Cross-examination in Judicial Review where Credibility Drives Standing and Extension of Time 1) Introduction In Z. M. v The Minister for Justice, Home Affairs and Migration (Approved) [2026] IEHC...

EUTM Online “Targeting” and Irish Jurisdiction: “Reasonable Presumption” Requires Active Conduct, Not Mere Accessibility

Date: Jul 24, 2026

EUTM Online “Targeting” and Irish Jurisdiction: “Reasonable Presumption” Requires Active Conduct, Not Mere Accessibility Case: Easy Group Ltd and Anor v Easy Fundraising Ltd and Anor (Approved)...

Use of a Prior Section 18 Guilty Plea in a Later Murder Trial: When a Special “Previous Conviction” Direction Is Unnecessary

Date: Jul 24, 2026

Use of a Prior Section 18 Guilty Plea in a Later Murder Trial: When a Special “Previous Conviction” Direction Is Unnecessary Case: Twigg, R. v Neutral citation: [2026] EWCA Crim 1052 Court: Court of...

Without-prejudice settlement communications do not restart the mortgage limitation period under the Statute of Limitations 1957

Date: Jul 24, 2026

Without-prejudice settlement communications do not restart the mortgage limitation period under the Statute of Limitations 1957 1) Introduction In Kelly v Fennell & Ors; Havbell Designated Activity...

Voluntary Drug Abuse, High “Retained Responsibility”, and the Appropriateness of a Section 45A Hybrid Life Sentence for Diminished-Responsibility Manslaughter

Date: Jul 24, 2026

Voluntary Drug Abuse, High “Retained Responsibility”, and the Appropriateness of a Section 45A Hybrid Life Sentence for Diminished-Responsibility Manslaughter 1) Introduction R v Bauld [2026] EWCA...

Mortgagee Exclusion in Section 106 Affordable Housing Obligations: Registered Provider Status Tested at Mortgage Creation, Not at Sale

Date: Jul 23, 2026

MORTGAGEE EXCLUSION IN SECTION 106 AFFORDABLE HOUSING OBLIGATIONS: REGISTERED PROVIDER STATUS TESTED AT MORTGAGE CREATION, NOT AT SALE Case: Westminster City Council v Gems House Residences Chiltern...

Extraterritorial ECHR Jurisdiction and Nationality Decisions: No Article 1 “Jurisdiction” Where an Overseas Applicant Has No UK-Based Private Life or UK Control Over the Person

Date: Jul 23, 2026

Extraterritorial ECHR Jurisdiction and Nationality Decisions: No Article 1 “Jurisdiction” Where an Overseas Applicant Has No UK-Based Private Life or UK Control Over the Person 1. Introduction In R...

Privilege-Hunting as an Abuse of Process: Covertly Targeting an Opponent’s Solicitor Justifies Discharge of Freezing Orders

Date: Jul 23, 2026

Privilege-Hunting as an Abuse of Process: Covertly Targeting an Opponent’s Solicitor Justifies Discharge of Freezing Orders Case: Salinas Pliego & Anor v Astor Asset Management 3 Ltd & Ors [2026]...

Moorwand Ltd v Hamblin & Ors [2026] EWCA Civ 942 — Appellate restraint in Quincecare “put on inquiry” findings and demand-based limits on s.35A interest for account reconstitution

Date: Jul 23, 2026

Appellate restraint in Quincecare “put on inquiry” findings and demand-based limits on s.35A interest for account reconstitution Case: Moorwand Ltd v Hamblin & Ors Citation: [2026] EWCA Civ 942...

Relevant-date valuation in Scottish divorce: rejecting forced-sale discounts and post-date market “prisms” for trading-stock companies

Date: Jul 23, 2026

Relevant-date valuation in Scottish divorce: no forced-sale discount or post-date market “prism” for share valuations in trading-stock companies Court: Outer House, Court of Session (Scotland)...