periodic-inspection Case Commentaries

Refining the Scope of “Public Authority” Under Directive 2003/4: New Implications for Public Broadcasters

Date: Mar 26, 2025

Refining the Scope of “Public Authority” Under Directive 2003/4: New Implications for Public Broadcasters Introduction The High Court’s decision in Raidiό Teilifís Éireann v The Commissioner for...

New Precedent on Surrender for Extradition: Balancing Delay, Abuse of Process, and Correspondence under the 2003 Act

Date: Mar 26, 2025

New Precedent on Surrender for Extradition: Balancing Delay, Abuse of Process, and Correspondence under the 2003 Act Introduction The judgment in Minister for Justice v O'Kane ([2025] IEHC 167),...

New Precedent: Affirming Valid Surrender Despite Extended Delay and Abuse of Process Claims

Date: Mar 26, 2025

New Precedent: Affirming Valid Surrender Despite Extended Delay and Abuse of Process Claims Introduction The case of Minister for Justice v Mc Nicholl (Approved) ([2025] IEHC 166) before the High...

The Admissibility of Victim Demeanor Evidence in Sexual Offence Cases

Date: Mar 26, 2025

The Admissibility of Victim Demeanor Evidence in Sexual Offence Cases Introduction The case of BUV v R. ([2025] EWCA Crim 327) involves an appeal against a conviction in circumstances of serious...

Judicial Review of Summary Prosecutions Under Constitutional Limits: A New Precedent in Lynch v DPP & Ors

Date: Mar 26, 2025

Judicial Review of Summary Prosecutions Under Constitutional Limits: A New Precedent in Lynch v DPP & Ors Introduction The case of Lynch v Director of Public Prosecutions & Ors ([2025] IEHC 159)...

The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge

Date: Mar 26, 2025

The Imperative Duty of Full Disclosure in Ex Parte Applications: Precedent Set in Grimes v Cork Circuit Court Judge Introduction The judgment in Grimes v Cork Circuit Court Judge & Anor (Approved)...

The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent

Date: Mar 26, 2025

The Bat Roost Harmless Error Precedent: Balancing Environmental Protection and Practical Mitigation in Development Consent Introduction The judgment in Doyle & Ors v An Bord Pleanala & Ors ([2025]...

Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions

Date: Mar 26, 2025

Obligation to Exhaust Section 15A Appeal as Precondition for Judicial Review of Firearms Licence Decisions Introduction Tracey v Commissioner of An Garda Síochána [2025] IEHC 234 was decided by the...

New Precedent on Residual Discretion and Feasibility in Capacity Auctions

Date: Mar 26, 2025

New Precedent on Residual Discretion and Feasibility in Capacity Auctions Introduction This commentary examines the recent judgment in the twin actions, Kilshane Energy Ltd v EirGrid PLC & Others and...

Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard

Date: Mar 25, 2025

Informed Consent and Fiduciary Disclosure: Clarifying the “Half-Secret” Commission Standard Introduction This commentary examines the Court of Appeal’s judgment in Expert Tooling And Automation Ltd v...

Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing

Date: Mar 25, 2025

Recalibrating Retribution: Integrating Youth Rehabilitation into Sentencing Introduction The case before the Scottish High Court of Justiciary, "Appeal against Sentence by RH against HMA ([2025]...

Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings

Date: Mar 25, 2025

Landmark Decision on Cross-Border Document Recovery via Hague Chapter II in Group Proceedings Introduction The judgment in Iain Urquhart v Stellantis Auto SAS and others by the Scottish Court of...

Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent

Date: Mar 25, 2025

Inclusive Definition of Confectionery and VAT Zero-Rating: Establishing the 'Mega Marshmallows' Precedent Introduction The case of Revenue and Customs v Innovative Bites Ltd ([2025] EWCA Civ 293)...

Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes

Date: Mar 25, 2025

Deliberate Inaction and the Limits of Extension: Establishing Rigorous Requirements in Citizenship Appeal Timeframes Introduction The case of F4 v Secretary of State for the Home Department ([2025]...

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment

Date: Mar 25, 2025

Certification of Leave to Appeal in Planning Challenges: Delineating Pleading Requirements and Planning Judgment Introduction This commentary examines the High Court decision in Leech & Anor v An...

Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436

Date: Mar 22, 2025

Proper Application of Sentencing Guidelines for Consecutive Terms Involving Arson Risking Rescue and Assault on Emergency Workers – R v Stead [2025] EWCA Crim 436 Introduction R v Stead [2025] EWCA...

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law

Date: Mar 22, 2025

Ensuring Legal Certainty: New Obligations for Timely Notification and Judicial Review under EU-Influenced Irish Planning Law Introduction The case of Thompson & Anor v An Bord Pleanala & Ors [No.4]...

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates

Date: Mar 22, 2025

Exchequer-Funded Disability Care Facilities Exempt from Commercial Rates Introduction In NUA Healthcare Services Ltd v Commissioner for Valuation; Redwood Extended Care Facility v Commissioner for...

R v Betteridge [2025] EWCA Crim 394 — Body-worn video evidence: limiting prejudice where “lies and demeanour” are relied upon

Date: Mar 22, 2025

R v Betteridge [2025] EWCA Crim 394 — Body-worn video evidence: limiting prejudice where “lies and demeanour” are relied upon 1) Introduction In R v Betteridge [2025] EWCA Crim 394, the Court of...

Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11

Date: Mar 21, 2025

Clarifying Replacement Remedies versus Damages: A New Interpretation of Schedule 11 Introduction The Court of Appeal’s decision in South East Water Ltd v Elster Water Metering Ltd [2025] EWCA Civ 287...