periodic-inspection Case Commentaries

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)...

Part 5 “New Matter” Consent Limits the Tribunal’s Article 8 / s.117B(6) Assessment

Date: Jul 23, 2026

Part 5 “New Matter” Consent Limits the Tribunal’s Article 8 / s.117B(6) Assessment Case: Rahim & Anor v Secretary of State for the Home Department [2026] EWCA Civ 930 Court: Court of Appeal (Civil...

Appellate restraint and documentary “cogency”: discussions of profit share do not establish a redevelopment partnership without a concluded, certain agreement

Date: Jul 23, 2026

Appellate restraint and documentary “cogency”: discussions of profit share do not establish a redevelopment partnership without a concluded, certain agreement 1) Introduction In EJW Builders Ltd &...

Contextual “Life‑Sustaining Treatment” Test under s.89 Assisted Decision‑Making (Capacity) Act 2015 and Capacity-Based Invalidity of Advance Healthcare Directives

Date: Jul 23, 2026

Contextual “Life‑Sustaining Treatment” under s.89 ADM(C)A 2015: Jurisdiction, Interim Treatment, and Capacity as a Ground of AHD Invalidity Case: Health Service Executive v MM (A Person Lacking...

Foreign-Judgment Res Judicata in Ireland: Material Change of Circumstances and Strict Proof of Corporate Privity

Date: Jul 23, 2026

Foreign-Judgment Res Judicata in Ireland: Material Change of Circumstances and Strict Proof of Corporate Privity 1) Introduction This decision of the High Court (Quinn J.) in Ryanair Designated...

Common-law damages for non-penetrative childhood sexual abuse: cumulative injury, trust betrayal, and no separate aggravated award where factors are integrated

Date: Jul 23, 2026

Common-law damages for non-penetrative childhood sexual abuse: cumulative injury and trust betrayal, with no separate aggravated award where factors are integrated into compensation Case: Odumosu v...

Issue-Specific “Costs in the Cause” for Split-Success Interlocutory Injunctions Involving Distinct Termination Grounds

Date: Jul 23, 2026

Issue-Specific “Costs in the Cause” for Split-Success Interlocutory Injunctions Involving Distinct Termination Grounds 1. Introduction In Piramal Critical Care B.V. v Brepco Biopharma Limited [2026]...

No “Baseline Risk” Presumption: Individualised Necessity Required for Detention Pending Deportation under s 5(7) Immigration Act 1999

Date: Jul 23, 2026

No “Baseline Risk” Presumption: Individualised Necessity Required for Detention Pending Deportation under s 5(7) Immigration Act 1999 1) Introduction In K. (Detention Pending Deportation) v The...

Private Rented Sector Offers Automatically End the Main Housing Duty on Acceptance or Refusal

Date: Jul 23, 2026

Private Rented Sector Offers Automatically End the Main Housing Duty on Acceptance or Refusal 1. Introduction In R (on the application of Bano) v London Borough of Waltham Forest [2026] UKSC 22, the...

Contempt and Committal: Fair Hearing, Penal Endorsement, and Clarity of Injunctive Orders as Preconditions to Imprisonment

Date: Jul 23, 2026

Contempt and Committal: Fair Hearing, Penal Endorsement, and Clarity of Injunctive Orders as Preconditions to Imprisonment 1. Introduction Walsh v Keane (Approved) [2026] IEHC 534 is a High Court...

Inherent Jurisdiction to Exclude Persistently Disruptive Courtroom Attendees While Preserving Open Justice Through Remote Access

Date: Jul 23, 2026

Inherent Jurisdiction to Exclude Persistently Disruptive Courtroom Attendees While Preserving Open Justice Through Remote Access 1. Introduction In The Board Of Management Of Wilson's Hospital School...

Case Stated Appeals Under TCA s.949AQ: Transcript Admissibility and Limits on Reframing Questions Absent a Fact-Challenge

Date: Jul 22, 2026

Case Stated Appeals Under TCA s.949AQ: Transcript Admissibility and Limits on Reframing Questions Absent a Fact-Challenge 1. Introduction O'Sullivan Fabrications Ltd v The Revenue Commissioners...