Trite Law 🇬🇧

'It is trite to say that merely preferring one party's case to that advanced by the other cannot, of itself, give rise to a sustainable claim of apparent bias.' In re Haberlin's Appl'n [2025] NIKB 13, ¶ 33, KBD per Humphreys J.
www.bailii.org/nie/cases/NI...

'It is trite law to say that each case is fact specific and that a sentencing judge has a unique feel of any case.' R v Donnelly [2025] NICA 7, para 30 per Keegan LCJ.
www.bailii.org/nie/cases/NI...

cc @anuragdeb.bsky.social @colinmurray.bsky.social Northern Ireland making a trite appearance!

[86] On the assumption that the unvarnished Wednesbury principle represents the applicable standard of review […] the question for this court is whether this challenging threshold has been overcome. It is trite that this threshold can be surpassed in any given case only where a sufficient evidential foundation exists. In re McMinnis [2024] NICA 77, per curiam (coram McCloskey & Horner LJJ & McBride J) 1

Trite Wednesbury!

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’It is trite law that the date of assessment of damage for a breach of contract is the date of breach. However, that is subject to a rather wide and vague number of exceptions.’—[2024] EWHC 3002, para 207, ChD per Berkley J www.bailii.org/ew/cases/EWH...

‘It is trite law that there is no such thing as a technical breach of natural justice, there has to be some substantive unfairness for the alleged breach to have any effect.’—R (Met Police Comr) v Police Appeals Tribunal [2024] EWHC 2348, para 167, Admin per Lieven J, DBE

Pyaneandee v Lam Shang Leen [2024] UKPC 27, MRC by In the Privy Council This week, we consider the meaning of natural justice, as we look at a case where am an was denied the chance to give submissions as to his sentence, and the court gave no reasons. Link to Case Legal…

NEW: After a long hiatus, the podcast is back! This week, IN THE PRIVY COUNCIL returns to consider a case from Mauritius on the tension between efficiencies in public inquiries and procedural fairness. Listen now! Available on all platforms, always free.

[🇰🇾 NOT 🇬🇧 ] It is or ought to be trite law that the GP’s role as manager of the LP is broadly analogous to that of the managing shareholder in an investment fund constituted as a limited company.’— № FSD 2024 (IKJ), para 2, CIGC per Mr Justice Kawaley

‘ It is trite law that a Bailee is not per se a fiduciary.’—Carl v Hawkins [2024] EWHC 2186, para 199, ChD per Mr Simon Gleeson

[30] The parties agree that there is no direct English authority on the question of whether the engagement by a fiduciary of a related investment company presents "a real possibility of conflict of interest." [31] Mr. Dew for PW says that this may be because the point is trite.

Here’s an interesting conundrum—a question over whether or not a point is trite? Thoughts, private law devotees? Is it a trite point? Irwin Mitchell Trust Corp v PW [2024] EWCOP 16. https://buff.ly/3X2PVF3

'It is almost trite to say that a nation at war generates resilience.'–M v F [2024] EWHC 1689, para 41, FamD per Hayden J

[🇮🇪 NOT 🇬🇧] ‘It is trite that the High Court has an inherent jurisdiction to control its own processes and procedures and to prevent and deal with any abuse of process.’—Coulston v Doyl [2024] IECA 195, para 53, per Allen J bailii.org/ie/cases/IEC...