periodic-inspection Case Commentaries

Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway

Date: Oct 8, 2025

Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway Case: M & M Solicitors v Crown Court at Leicester (wasted...

Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure

Date: Oct 8, 2025

Newton Hearings Are Part of a Unitary Criminal Trial: High Court refuses mid‑trial judicial review and affirms power to order a de novo Newton hearing following late disclosure Introduction In Nevin...

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Date: Oct 8, 2025

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service...

Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527

Date: Oct 7, 2025

Adverse Inferences from Witness Silence in Civil Trials and Valuing PTSD Without Specific Guidelines: Commentary on Lynch v Reynolds & Ors [2025] IEHC 527 Court: High Court of Ireland (O’Connor J)...

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Date: Oct 7, 2025

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption Hippodrome Casino Ltd v Revenue and Customs [2025] EWCA...

Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process: GTLK Europe DAC (In Liquidation) v JSC “State Transport Leasing Company” [2025] IEHC 524

Date: Oct 7, 2025

Establishing Ireland’s Anti‑Suit and Anti‑Enforcement Injunction Jurisdiction to Protect Insolvency Proceedings and the Court’s Process Commentary on GTLK Europe DAC (In Liquidation) v Companies Act...

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Date: Oct 4, 2025

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order Introduction This commentary...

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Date: Oct 4, 2025

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty Introduction In Orion Shipping and...

Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin applied)

Date: Oct 4, 2025

Mandatory Engagement with Specific Development Plan Objectives: High Court requires explicit assessment of “practicable and viable” under LCC06 before permitting out‑of‑centre retail (Sherwin...

When a Full Appeal Is Run, a Reduced Appellate Award Does Not Displace “Entire Success” for Costs: Commentary on AB v MW (No. 2) [2025] IEHC 517

Date: Oct 4, 2025

When a Full Appeal Is Run, a Reduced Appellate Award Does Not Displace “Entire Success” for Costs: Commentary on AB v MW (No. 2) [2025] IEHC 517 Introduction This commentary examines the High Court...

FBD: Concurrency for proportionality in historic sexual offences and aggregated release under s.244A CJA 2003

Date: Oct 4, 2025

FBD: Concurrency for proportionality in historic sexual offences and aggregated release under s.244A CJA 2003 Introduction In FBD, R. v [2025] EWCA Crim 1370, the Court of Appeal (Criminal Division)...

MCK (R v) [2025] EWCA Crim 1371: Age and Lack of Previous Convictions Not a Bar to a Dangerousness Finding; Extended Determinate Sentence Upheld

Date: Oct 4, 2025

MCK (R v) [2025] EWCA Crim 1371: Age and Lack of Previous Convictions Not a Bar to a Dangerousness Finding; Extended Determinate Sentence Upheld Introduction This commentary examines the decision in...

New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50

Date: Oct 4, 2025

New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50 Case:...

“Special circumstances” as a strict gateway to renewing an unserved summons: S.W. v Health Service Executive [2025] IEHC 526

Date: Oct 4, 2025

“Special circumstances” as a strict gateway to renewing an unserved summons: S.W. v Health Service Executive [2025] IEHC 526 Introduction In S.W. v Health Service Executive [2025] IEHC 526, the High...

Culpability and Mens Rea in “Allowing” under s.5 DVCVA: Guilty Plea Fixes Objective Awareness; Exceptional Mitigation for Parental Status Rejected — Commentary on AD [2025] NICA 48

Date: Oct 4, 2025

Culpability and Mens Rea in “Allowing” under s.5 DVCVA: Guilty Plea Fixes Objective Awareness; Exceptional Mitigation for Parental Status Rejected — Commentary on AD [2025] NICA 48 Key takeaways A...

Primitive Access Tracks Are Not “Roads” for EIA Purposes: Definitional Alignment with the EIA Directive and Pleading Discipline in Cummins & Ors v An Coimisiún Pleanála [2025] IEHC 521

Date: Oct 4, 2025

Primitive Access Tracks Are Not “Roads” for EIA Purposes: Definitional Alignment with the EIA Directive and Pleading Discipline in Cummins & Ors v An Coimisiún Pleanála [2025] IEHC 521 Introduction...

R v McNair [2025] EWCA Crim 1376: Testing the Reliability of Deceased Complainant ABE Hearsay Under s116 CJA 2003 Despite Loss of Supporting Witnesses

Date: Oct 4, 2025

R v McNair [2025] EWCA Crim 1376: Testing the Reliability of Deceased Complainant ABE Hearsay Under s116 CJA 2003 Despite Loss of Supporting Witnesses Introduction This decision of the England and...

“Phasing Means Provision”: High Court holds that Local Area Plan phasing must be applied as written; “spirit and intent” and conditions cannot replace section 37(2)(b) where a material contravention arises

Date: Oct 4, 2025

“Phasing Means Provision”: High Court holds that Local Area Plan phasing must be applied as written; “spirit and intent” and conditions cannot replace section 37(2)(b) where a material contravention...

Civil Service Probation: Primacy of the Appropriate Authority and the “Factually Sustainable Satisfaction” Test – Mosepele v Minister for Justice [2025] IEHC 535

Date: Oct 4, 2025

Civil Service Probation: Primacy of the Appropriate Authority and the “Factually Sustainable Satisfaction” Test – Mosepele v Minister for Justice [2025] IEHC 535 Introduction This High Court judgment...

No Extension, No Leave: Formal, Affidavit‑Grounded Extension of Time as a Pre‑condition to Judicial Review; and an Arguable Jurisdictional Defect Where a Summons Omits the District Court Clerk’s Name

Date: Oct 4, 2025

No Extension, No Leave: Formal, Affidavit‑Grounded Extension of Time as a Pre‑condition to Judicial Review; and an Arguable Jurisdictional Defect Where a Summons Omits the District Court Clerk’s Name...