Alternative Sites in National Landscape Cases: an Unconsidered Specific Option Is Not Material Where the Committee Granted Permission Knowing Other Alternatives May Exist Case: Hilltop Experiences...
Prosecution Purpose Must Be Clearly Established for EU‑Iceland Norway Agreement Surrender (and Can Be Cured by Section 20 Clarifications) 1. Introduction In Minister For Justice, Home Affairs and...
Mortgagee’s Summary Possession of Unregistered Land: Alleged Unlawful Receiver Entry and “Acquiesced” Occupation Do Not Amount to an Arguable Defence High Court of Ireland, Kenny and Ors v Fennell...
Prescription after the 2018 Act: “Awareness” still does not require knowledge of a defect, and remedial works are not an acknowledgement of a damages obligation Court: Outer House, Court of Session |...
HMRC Can Be “Crammed Down” Under Part 26A and the “No Worse Off” Test Focuses on the Creditor’s Rights Against the Plan Company Introduction Petition of Waldorf CNS (I) LTD for sanction of a...
Bankruptcy Litigation Control: Exclusive Standing of the Official Assignee and the “Extremely Compelling Reasons” Threshold for Annulment 1. Introduction Danske Bank A/S v Coyne and Anor (Approved)...
Costs Adjudication Reviews: “Error + Unjust” Threshold, Non-Formulaic Reasons, and Comparators as Residual Sense-Check Case: BC [A Minor] v Health Service Executive (Approved) [2026] IEHC 283 Court:...
Cancellation of a Registered Charge Under Land Registry Rule 101 Requires the Registered Owner’s Concurrence (and Any Fair-Procedures Complaint May Be Neutralised by a De Novo Statutory Appeal) Case:...
Extensions of Time to Appeal: “Operative Mistake” and Arguable Grounds Required Where a Registered Purchaser’s Title Is Protected by Statutory Mortgagee-Sale Provisions Case: Regan v Heffernan...
Interlocutory Mandatory Injunctions and “Keep Open” Clauses: No Compulsion to Trade at a Loss Absent Exceptional Circumstances 1) Introduction In Tesco Ireland Ltd v Multi-Home Retail Ltd [Trading as...
Restraining Orders on Acquittal: Necessity, Future Risk, and Proper CrimPR Procedure (Not a Bargaining Chip) Case: Auguste, R. v Citation: [2026] EWCA Crim 710 (CACD) Date: 1 May 2026 Judges: Holgate...
Mandatory Section 325 Sentencing Act 2020 Credit Declarations for Qualifying Curfew on Activation of Suspended Sentences (and Neutralising “Double Recovery” on Appeal) 1. Introduction In [2026] EWCA...
Subsequent Protection Applications (s. 22 IPA 2015): New Evidence Must Meaningfully Shift Prior Credibility and Risk Findings Case: Y.D. v The International Protection Appeals Tribunal and Ors...
Nominal-rent lettings and Scotland’s 2023 NDR anti-avoidance rules: comparator evidence can satisfy “significantly below open market rent” without precise valuation Court: Scottish Court of Session,...
Child’s objections may be upheld where return to the habitual residence is inseparable from unsafe caregiving conditions, and “grave risk” is established where no protective pathway exists Case: BA v...
Notice Parties Cannot Obtain Pre‑Emptive Aarhus “Not Prohibitively Expensive” Costs Protection When Defending Conceded Planning JR Grounds 1) Introduction Glaister and Ors v An Coimisiun Pleanala...
Cross-Examination in Moot Judicial Review: Refusal Where Sought Solely to Litigate Costs Court: High Court of Ireland | Judge: Ms. Justice Siobhán Phelan | Citation: [2026] IEHC 272 | Date: 30 April...
Environmental Impact Assessment Must Not Euphemise a Predicted Business Closure: Quashing a Roads Act s.51 Approval for Material Error 1. Introduction In Lissan Coal Company [Ireland] Ltd and Anor v...
Declaratory Immigration Permissions Must Accurately Record the Accrual Date of Turkish Association Agreement Rights Case: Ozek v Minister For Justice, Home Affairs and Migration (Approved) [2026]...
Harm Categorisation in Robbery and Re-evaluation of Dangerousness for Extended Sentences in Youthful Offenders 1. Introduction In Agwo, R. v [2026] EWCA Crim 614, the Court of Appeal (Criminal...