periodic-inspection Case Commentaries

Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants

Date: Apr 12, 2025

Maximum Statutory Penalty Governs Minimum Gravity under Trade & Cooperation Agreement Warrants 1. Introduction In Minister for Justice v. Warner ([2025] IEHC 273), the High Court of Ireland...

Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries

Date: Apr 12, 2025

Principles for Amending Judicial Review Pleadings and GDPR Obligations in Disciplinary Inquiries Introduction In Wales v Solicitors' Disciplinary Committee & Anor [2025] IEHC 281, the High Court of...

Defining the Scope of Caution Admissions: R v BJE ([2025] EWCA Crim 534)

Date: Apr 12, 2025

Defining the Scope of Caution Admissions: R v BJE ([2025] EWCA Crim 534) Introduction R v BJE ([2025] EWCA Crim 534) is a decision of the England and Wales Court of Appeal (Criminal Division)...

Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive

Date: Apr 12, 2025

Harmless Error Doctrine in Appropriate Assessment Screening under the Habitats Directive Introduction This commentary examines the High Court’s decision in Massey v An Bord Pleanála & Ors [No. 2]...

Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board

Date: Apr 12, 2025

Affirmation of the Validity of the Courts of Justice Act 1924 and Limits on Interlocutory Challenges: Clohessy v Legal Aid Board Introduction The High Court decision in Clohessy v Legal Aid Board &...

Necessity-Based Disclosure Framework for CHIS Status in Criminal Proceedings

Date: Apr 12, 2025

Necessity-Based Disclosure Framework for CHIS Status in Criminal Proceedings Introduction This commentary examines the Court of Appeal’s decision in AXR v R ([2025] EWCA Crim 454), which defines when...

Clarke v Poole: Affirmation of the Three-Stage Balancing Test and the Primacy of Personal Autonomy

Date: Apr 12, 2025

Clarke v Poole: Affirmation of the Three-Stage Balancing Test and the Primacy of Personal Autonomy Introduction Clarke v Poole & Ors ([2025] EWCA Civ 447) deals with a high-stakes dispute in which a...

Makeality Ltd v City Doggo Ltd & Anor: Allocation to IPEC Small Claims Track and Article 14 Compliance

Date: Apr 12, 2025

Makeality Ltd v City Doggo Ltd & Anor: Allocation to IPEC Small Claims Track and Article 14 Compliance Introduction This Court of Appeal decision concerns a trade mark infringement and passing-off...

Exemption of Telematics Device Provision and Fitting as Insurance Intermediary Services

Date: Apr 12, 2025

Exemption of Telematics Device Provision and Fitting as Insurance Intermediary Services 1. Introduction This commentary examines the Court of Appeal’s decision in WTGIL Ltd v Revenue and Customs...

R v Moran ([2025] EWCA Crim 612): Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies

Date: Apr 12, 2025

R v Moran ([2025] EWCA Crim 612): Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies 1. Introduction The decision in R v Moran is a significant contribution to...

Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive

Date: Apr 12, 2025

Conservation Objectives as Jurisdictional Precondition for AA Screening under Article 6(3) Habitats Directive Introduction Massey v An Bord Pleanála & Ors [No. 3] ([2025] IEHC 218) is a High Court...

No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd

Date: Apr 12, 2025

No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd Introduction Laidley v Metropolitan Housing Trust Ltd ([2025] EWCA Civ 448) is a...

Costs in Moot Dublin III Judicial Reviews: Injunction-Driven “Event” Justifies Partial (50%) Costs up to Mootness

Date: Apr 12, 2025

Costs in Moot Dublin III Judicial Reviews: Injunction-Driven “Event” Justifies Partial (50%) Costs up to Mootness Case: A.H. v The Minister For Justice (Costs Ruling) Citation: [2025] IEHC 772 Court:...

Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings

Date: Apr 11, 2025

Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings Introduction This commentary reviews the Court of Appeal decision in Ahmad & Anor v Faraj ([2025] EWCA Civ...

Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter

Date: Apr 11, 2025

Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter 1. Introduction This judgment arises from the renewed application by the appellant, Ms....

Reinforcing Evidentiary Clarity in Summary Debt Claims: Cabot Financial [Ireland] Ltd v Hanney

Date: Apr 11, 2025

Reinforcing Evidentiary Clarity in Summary Debt Claims Cabot Financial [Ireland] Ltd v Darren Hanney ([2025] IEHC 213) 1. Introduction In Cabot Financial [Ireland] Ltd v Hanney, the High Court was...

Prestwick Care v SSHD: Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the “Robust Balance of Convenience” Test

Date: Apr 11, 2025

Prestwick Care v Secretary of State for the Home Department ([2025] EWCA Civ 991): Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the...

Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants

Date: Apr 11, 2025

Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants Introduction Castle, R. v ([2025] EWCA Crim 535) is a landmark decision of the England and Wales Court of Appeal (Criminal...

Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings

Date: Apr 11, 2025

Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings Introduction This commentary examines the landmark decision in M (A Child: Intermediaries) [2025] EWCA Civ...

Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement

Date: Apr 11, 2025

Redacted Transfer Deeds and Partial Summary Judgment in Demand-Loan Enforcement Introduction Cabot Financial (Ireland) Ltd v Lawless [2025] IEHC 233 is a High Court decision by Mr Justice Barr handed...