periodic-inspection Case Commentaries

No Injunction After the Hammer Falls and Strict Re‑Pleading of Defective Counterclaims: Clarifying s.52 LCLRA and Order 21 Rule 9 in McCarthy v Byrne [2025] IEHC 519

Date: Oct 3, 2025

No Injunction After the Hammer Falls and Strict Re‑Pleading of Defective Counterclaims: Clarifying s.52 LCLRA and Order 21 Rule 9 in McCarthy v Byrne [2025] IEHC 519 Introduction This High Court...

Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales — Commentary on Advanced Multi‑Technology (t/a Hitex) & Ors v Uniserve Ltd [2025] EWCA Civ 1212

Date: Oct 3, 2025

Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales Commentary on Advanced Multi-Technology for Medical Industry (t/a Hitex) & Ors v Uniserve...

Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law

Date: Oct 2, 2025

Foreign non-recognition is a welfare factor, not a bar: Inner House clarifies UNCRC Article 21 and adopts Re N in Scottish adoption law Introduction This commentary examines the Scottish Court of...

No Mitigation Without Nexus: Fresh Psychiatric Evidence on CCRC Reference must Demonstrably Link to the Offending (R v Brogan [2025] EWCA Crim 1208)

Date: Oct 1, 2025

No Mitigation Without Nexus: Fresh Psychiatric Evidence on CCRC Reference must Demonstrably Link to the Offending (R v Brogan [2025] EWCA Crim 1208) Introduction In R v Brogan [2025] EWCA Crim 1208,...

No Agency Signature under s.53(1)(b): Corporate Execution Required, and Non‑Compliant Self‑Declared Trusts Cannot Defeat s.423 Transactions-at-Undervalue

Date: Oct 1, 2025

No Agency Signature under s.53(1)(b): Corporate Execution Required, and Non‑Compliant Self‑Declared Trusts Cannot Defeat s.423 Transactions-at-Undervalue Introduction In National Iranian Oil Company...

Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90

Date: Oct 1, 2025

Safeguarding Over Preference in Child Relocation: Abuse Risk and the Feasibility of Ongoing Maternal Involvement Trump Unanimous Child Wishes; Novel “CAMS” Evidence Excluded — PSC v NS [2025] CSOH 90...

From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter

Date: Oct 1, 2025

From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter Introduction This commentary analyses the Court of...

Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88

Date: Sep 30, 2025

Country Guidance on Protection Risk Does Not Preclude Article 8 “Very Significant Obstacles” Claims: Quashing of Section 94 Certification in SV [2025] CSOH 88 Introduction This commentary examines...

“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal

Date: Sep 30, 2025

“Reconsideration” under the NHS (Pharmaceutical Services) (Scotland) Regulations 2009: Limited Remit, Conditional Admission of New Evidence, and Successor Contractors’ Standing to Appeal Case...

No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland

Date: Sep 30, 2025

No Bare Declarators of Age and No Enforceable Right to Accommodation under s25(3): Clarifying Age‑Assessment Litigation in Scotland Introduction In AN v Renfrewshire Council and others [2025] CSOH...

Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised, post-closure facilities

Date: Sep 30, 2025

Vedanta Resources v Commissioner of Valuation [2025] IEHC 511: The High Court mandates an explicit, reasoned choice of valuation methodology—especially the contractor’s method—for specialised,...

S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness

Date: Sep 30, 2025

S v Director of Public Prosecutions [2025] IEHC 513: Trial-Court Primacy and the “Real Possibility” Threshold in Delay-Based Prohibition Applications Involving a Deceased Witness Introduction This...

O’Rourke v Minister for Defence & Ors [2025] IEHC 518: A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the 2014 Act

Date: Sep 30, 2025

A Procedural Framework for Court‑Ordered Use of Redacted Protected Disclosure Materials under s.16(2) of the Protected Disclosures Act 2014 (as amended) Introduction This High Court judgment...

Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators

Date: Sep 30, 2025

Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators Introduction In Baniulyte v R...

“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516

Date: Sep 30, 2025

“No Illusory Solvency”: Post‑Arrangement Sustainability and Unfair Prejudice under s.115A — Maloney & Anor [2025] IEHC 516 Court: High Court of Ireland (Owens J) | Citation: [2025] IEHC 516 | Date:...

Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence

Date: Sep 30, 2025

Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence Introduction In Secretary of State for the Home...

No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514

Date: Sep 30, 2025

No Proactive Monitoring Injunctions Under the Digital Services Act and No Automatic Right to Reinstatement: Farina v X Internet UC [2025] IEHC 514 Introduction This High Court of Ireland decision,...

Deemed transfer clauses require a notice to remedy and repudiatory breaches can be “capable of remedy”: Commentary on Kulkarni v Gwent Holdings Ltd [2025] EWCA Civ 1206

Date: Sep 30, 2025

Deemed transfer clauses require a notice to remedy and repudiatory breaches can be “capable of remedy” Commentary on Kulkarni v Gwent Holdings Ltd & Anor [2025] EWCA Civ 1206 (CA) Introduction The...

The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512

Date: Sep 30, 2025

The Trial-First Rule for Delay and Deceased-Witness Challenges: M v Director of Public Prosecutions [2025] IEHC 512 Introduction In this judicial review, the High Court (Simons J) refused to restrain...

Full One-Third Plea Credit Preserved When Plea Is Delayed Only for Fitness-to-Plead Assessment and Intention Is Recorded: R v Muhammad [2025] EWCA Crim 1316

Date: Sep 27, 2025

Full One-Third Plea Credit Preserved When Plea Is Delayed Only for Fitness-to-Plead Assessment and Intention Is Recorded Case: Muhammad, R. v [2025] EWCA Crim 1316 Court: England and Wales Court of...