periodic-inspection Case Commentaries

No Duty to “Condition into Compliance”: Scale, Distance, and Direct Linkage as Inherent Planning Considerations for Family-Flat Permissions

Date: Sep 27, 2025

No Duty to “Condition into Compliance”: Scale, Distance, and Direct Linkage as Inherent Planning Considerations for Family-Flat Permissions Case: Moran v An Bord Pleanála & Ors [2025] IEHC 510 (High...

Cromwell (R v) [2025]: Caring Responsibilities Do Not Compel Suspension Where Offending Is Not on the Cusp; 100‑Metre Restraining Orders Upheld

Date: Sep 26, 2025

Cromwell (R v) [2025]: Caring Responsibilities Do Not Compel Suspension Where Offending Is Not on the Cusp; 100‑Metre Restraining Orders Upheld Introduction This commentary analyses the judgment of...

R v Gates [2025] EWCA Crim 1313: Prison Conditions as a “Soft Factor” in Decisions to Suspend Short Custodial Sentences

Date: Sep 26, 2025

R v Gates [2025] EWCA Crim 1313: Prison Conditions as a “Soft Factor” in Decisions to Suspend Short Custodial Sentences Introduction This commentary examines the decision of the England and Wales...

Fuller, R. v [2025] EWCA Crim 1318 – Commentary

Date: Sep 26, 2025

Sentencing Appeals: Failure to Spell Out “Totality” or Each Suspension Factor Will Not Reduce Sentence Unless the Overall Term Is Manifestly Excessive 1) Introduction R v Fuller concerns an appeal...

“Peace of mind” is not enough: Necessity and future-risk as the touchstones for restraining orders under s.360 Sentencing Act 2020 — R v Amri [2025] EWCA Crim 1314

Date: Sep 26, 2025

“Peace of mind” is not enough: Necessity and future-risk as the touchstones for restraining orders under s.360 Sentencing Act 2020 — R v Amri [2025] EWCA Crim 1314 Court: England and Wales Court of...

“Haul Before You Cross”: Irish High Court imposes a duty of care on trawler operators over known submarine cables and affirms cost‑of‑repair damages without proof of payment — Virgin Media Wholesale Ltd v The Lida Suzanna [2025] IEHC 493

Date: Sep 25, 2025

“Haul Before You Cross”: A New Irish Admiralty Benchmark on Fishermen’s Duties to Subsea Cables and Cost‑of‑Repair Damages Introduction In Virgin Media Wholesale Ltd v Owners and All Persons Claiming...

Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation

Date: Sep 25, 2025

Open justice first: High Court sets exacting, evidence-specific test for permanent confidentiality orders and judgment redactions in patent litigation Introduction In Sandoz AG & Rowex Ltd v Bayer...

Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material

Date: Sep 25, 2025

Section 50 IPA 2015 is not a Second Protection Assessment: No Duty to Re‑Run Article 15(c) or Article 8 ECHR at Refoulement Stage Absent New Material Introduction In M v Minister for Justice, Home...

Harassment Limitation Runs from Cessation of the Course of Conduct: s18B(2)(a) Applied to Long-Running Domestic Abuse

Date: Sep 25, 2025

Harassment Limitation Runs from Cessation of the Course of Conduct: s18B(2)(a) Applied to Long-Running Domestic Abuse 1) Introduction X against Y (Court of Session) [2026] CSOH 54 (Outer House, Lord...

Irvine: Exceptional Circumstances and Firearms Minimum Sentences—Good Character and Community Service Are Not Enough

Date: Sep 25, 2025

Irvine: Exceptional Circumstances and Firearms Minimum Sentences—Good Character and Community Service Are Not Enough Introduction In The King v Winston Irvine [2025] NICA 45, the Court of Appeal in...

Litigation Restraint Orders as a Discretionary Factor in Extending Time for Judicial Review: Commentary on Leahy & Ors v Medical Council of Ireland & Ors [2025] IEHC 503

Date: Sep 24, 2025

Litigation Restraint Orders as a Discretionary Factor in Extending Time for Judicial Review: Commentary on Leahy & Ors v Medical Council of Ireland & Ors [2025] IEHC 503 Introduction This commentary...

Late IPAT Appeals Do Not Halt Deportation: High Court refuses injunctions despite arguable challenge to Regulation 4(5) and clarifies Regulation 4(2) notice duty

Date: Sep 24, 2025

Late IPAT Appeals Do Not Halt Deportation: High Court refuses injunctions despite arguable challenge to Regulation 4(5) and clarifies Regulation 4(2) notice duty Introduction This commentary analyses...

Farrell & Ors v PIAB & Ors: Costs for Parked Parallel Challenges Following Lead‑Case Success under s.169 LSRA 2015

Date: Sep 24, 2025

Farrell & Ors v PIAB & Ors: Costs for Parked Parallel Challenges Following Lead‑Case Success under s.169 LSRA 2015 Court: High Court of Ireland | Neutral Citation: [2025] IEHC 504 | Date: 17...

Modified Universalism Within the UK: Discretion to Apply Scots Insolvency Law to Northern Irish Assets Under s 426 Insolvency Act 1986 — MacLennan v Walkington [2025] NICA 47

Date: Sep 24, 2025

Modified Universalism Within the UK: Discretion to Apply Scots Insolvency Law to Northern Irish Assets Under s 426 Insolvency Act 1986 Case: MacLennan v Walkington [2025] NICA 47 Court: Court of...

R v Grizzle [2025] EWCA Crim 1298: Category 1 harm in ABH can be proved by substantial psychological impact without psychiatric diagnosis; consecutive sentences for in‑custody assaults on prison officers upheld despite delay

Date: Sep 24, 2025

R v Grizzle [2025] EWCA Crim 1298: Category 1 harm in ABH can be proved by substantial psychological impact without psychiatric diagnosis; consecutive sentences for in‑custody assaults on prison...

MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the headline offence

Date: Sep 24, 2025

MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the...

Kelly v An Coimisiún Pleanála [2025] IEHC 505 — Mischaracterising dwelling privacy/security objections as “annoyance” defeats the duty to give adequate reasons in s.51 Roads Act approvals

Date: Sep 24, 2025

Mischaracterising dwelling privacy/security objections as “annoyance” defeats the duty to give adequate reasons in s.51 Roads Act approvals 1. Introduction Kelly v An Coimisiún Pleanála [2025] IEHC...

No “Condition Precedent”: Defects in Section 189A Assessments Do Not Invalidate Lawful Suitability Reviews under Section 202 in Prevention Duty Cases — Fatolahzadeh v London Borough of Barnet [2025] EWCA Civ 1174

Date: Sep 23, 2025

No “Condition Precedent”: Defects in Section 189A Assessments Do Not Invalidate Lawful Suitability Reviews under Section 202 in Prevention Duty Cases — Fatolahzadeh v London Borough of Barnet [2025]...

Pre‑Action Injunction Applications Are “Proceedings”: Court of Appeal Confirms Costs/Damages Jurisdiction and Permits CPR 3.10 to Cure Wrong Form — Commentary on Gotti v Perrett [2025] EWCA Civ 1168

Date: Sep 23, 2025

Pre‑Action Injunction Applications Are “Proceedings”: Court of Appeal Confirms Costs/Damages Jurisdiction and Permits CPR 3.10 to Cure Wrong Form Case: Gotti v Perrett [2025] EWCA Civ 1168 (Court of...

Comprehensive Masterplans Must Cover the Entire Institutional Landholding: INST Designation Determined by Ownership and Use, Not Map Pinpointing

Date: Sep 20, 2025

Comprehensive Masterplans Must Cover the Entire Institutional Landholding: INST Designation Determined by Ownership and Use, Not Map Pinpointing Introduction In Churchfields Management Company CLG v...