periodic-inspection Case Commentaries

Clarifying Child-Vulnerability and Multi-Victim Sentencing: Commentary on R v M, [2025] EWCA Crim 872

Date: Mar 14, 2025

Clarifying Child-Vulnerability and Multi-Victim Sentencing: Commentary on R v M ([2025] EWCA Crim 872) 1. Introduction In R v M the Court of Appeal (Criminal Division) was asked by the...

New Precedent on Protective Assessments in International Child Abduction Cases: Balancing Grave Risks and Protective Measures

Date: Mar 13, 2025

New Precedent on Protective Assessments in International Child Abduction Cases: Balancing Grave Risks and Protective Measures Introduction The judgment under review, delivered by Lady Carmichael at...

Establishing the “Loss of a Chance” Principle in Settlement Negotiations under Professional Negligence: The Amie McCann v Harper Macleod Case

Date: Mar 13, 2025

Establishing the “Loss of a Chance” Principle in Settlement Negotiations under Professional Negligence Introduction The case of Amie McCann against Harper Macleod, adjudicated by the Court of Session...

Redefining Ombudsman Jurisdiction over Academic Discrimination Complaints

Date: Mar 13, 2025

Redefining Ombudsman Jurisdiction over Academic Discrimination Complaints Introduction The judgment, AB against the Scottish Public Services Ombudsman (Court of Session) [2025] CSIH 8, delivered on...

Non-Proving Executors Without Immediate Standing in Ombudsman Complaints: A Landmark Decision in Kiernan v Financial Services and Pensions Ombudsman

Date: Mar 13, 2025

Non-Proving Executors Without Immediate Standing in Ombudsman Complaints A Landmark Decision in Kiernan v Financial Services and Pensions Ombudsman ([2025] IEHC 138) Introduction The judgment in...

New Precedent on the Irrevocability of Statutory Time Limits for Election Petitions

Date: Mar 13, 2025

New Precedent on the Irrevocability of Statutory Time Limits for Election Petitions Introduction This commentary examines the High Court’s decision in Kiernan v Financial Services and Pensions...

Defining the Trigger for Collective Redundancy Consultations – From Board Insolvency Decisions to Early Information Provision

Date: Mar 13, 2025

Defining the Trigger for Collective Redundancy Consultations – From Board Insolvency Decisions to Early Information Provision Introduction The case of Debenhams Retail Ireland Limited (in...

Judicial Finality and the Curbing of Unqualified Litigation Advisers: A Landmark Decision in Barrington & Anor -v-Attorney General & Ors

Date: Mar 13, 2025

Judicial Finality and the Curbing of Unqualified Litigation Advisers: A Landmark Decision in Barrington & Anor -v-Attorney General & Ors Introduction The case of Barrington & Anor -v-Attorney General...

Clarifying the Limits of Rule 18.24 & 18.28: Administrator Remuneration and the Time‐Cost Basis

Date: Mar 13, 2025

Clarifying the Limits of Rule 18.24 & 18.28: Administrator Remuneration and the Time‐Cost Basis Introduction The case of Frost & Anor v The Good Box Co Labs Ltd & Ors ([2025] EWCA Civ 252) presents...

Reevaluating Judicial Directives: Mandating Re-Trial under s. 23(11) of the 2010 Act

Date: Mar 13, 2025

Reevaluating Judicial Directives: Mandating Re-Trial under s. 23(11) of the 2010 Act Introduction The Judgment in Director of Public Prosecutions v JB; Director of Public Prosecutions v SM ([2025]...

Clarifying the Threshold of Awareness: Determining a "Significant Role" in Drug Conspiracy Cases

Date: Mar 13, 2025

Clarifying the Threshold of Awareness: Determining a "Significant Role" in Drug Conspiracy Cases Introduction In Dobre, R. v ([2025] EWCA Crim 370), the England and Wales Court of Appeal (Criminal...

Judicial Authority to Address Inaccurate Agreed Facts in Summing-Up – Arachchige v R ([2025] EWCA Crim 363)

Date: Mar 13, 2025

Judicial Authority to Address Inaccurate Agreed Facts in Summing-Up – Arachchige v R ([2025] EWCA Crim 363) Introduction Arachchige v R is a 2025 decision of the England and Wales Court of Appeal...

“One Bite of the Cherry”: The Court of Appeal Clarifies How to Avoid Double-Counting When Applying Sentencing Guidelines for “Causing or Allowing the Death of a Child”

Date: Mar 13, 2025

“One Bite of the Cherry” – The Court of Appeal Clarifies How to Avoid Double-Counting in Step-Based Sentencing for Child-Death Offences (Commentary on Gleason-Mitchell, R. v [2025] EWCA Crim 874) 1....

Clarke v Revenue: Establishing the Standard for a Valid Business Transfer in Tax Appeals

Date: Mar 13, 2025

Clarke v Revenue: Establishing the Standard for a Valid Business Transfer in Tax Appeals Introduction The judgment in Clarke v Revenue ([2025] IEHC 182), delivered by Mr. Justice Cregan on 12 March...

Clarifying Receivership Validity and Dismissal Motions: New Precedents under O.19, r.28

Date: Mar 13, 2025

Clarifying Receivership Validity and Dismissal Motions: New Precedents under O.19, r.28 Introduction The judgment in Davey v Wallace & Anor ([2025] IEHC 146) presents a detailed examination of the...

Differential Costs Orders and Jurisdictional Nuances in Family Assault Cases: Precedent from Quinlan v Quinlan ([2025] IEHC 170)

Date: Mar 13, 2025

Differential Costs Orders and Jurisdictional Nuances in Family Assault Cases: Precedent from Quinlan v Quinlan ([2025] IEHC 170) Introduction The case of Quinlan v Quinlan (Approved) ([2025] IEHC...

Defamation Proceedings and the Limits of Strike-Out Jurisdiction: Guerin v O'Doherty [2025] IEHC 140

Date: Mar 13, 2025

Defamation Proceedings and the Limits of Strike-Out Jurisdiction: Guerin v O'Doherty [2025] IEHC 140 Introduction The case of Guerin v O'Doherty represents a complex and multifaceted defamation...

Strict Compliance with Appeal Deadlines and Fresh Evidence Thresholds in Criminal Appeals

Date: Mar 13, 2025

Strict Compliance with Appeal Deadlines and Fresh Evidence Thresholds in Criminal Appeals Introduction R. v Woroniecki [2025] EWCA Crim 364 is a decision of the England and Wales Court of Appeal...

Enhanced Accountability for Public Safety in Hotel Operations: LFH Moonfleet Manor Ltd v R. ([2025] EWCA Crim 220)

Date: Mar 12, 2025

Enhanced Accountability for Public Safety in Hotel Operations: LFH Moonfleet Manor Ltd v R. ([2025] EWCA Crim 220) Introduction The case of LFH Moonfleet Manor Ltd v R. ([2025] EWCA Crim 220) before...

Age at Sentencing and Review Rights in DHMP: Balancing Rehabilitation, Victim Interests, and Arbitrary Detention

Date: Mar 12, 2025

Age at Sentencing and Review Rights in DHMP: Balancing Rehabilitation, Victim Interests, and Arbitrary Detention Introduction The case of Quaye, R (On the Application Of) v Secretary of State for...