periodic-inspection Case Commentaries

Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive

Date: Mar 5, 2025

Judicial Review of Analog’s Proposed Developments: Balancing Environmental Assessment Thresholds and the Water Framework Directive Introduction This commentary examines a detailed judicial decision...

The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality

Date: Mar 5, 2025

The 'Necessary Discovery' Principle in the Modern Age: Balancing Relevance and Proportionality Introduction This commentary examines the landmark Judgment in the case of Recorded Artists Actors...

Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment

Date: Mar 5, 2025

Clarifying Malicious Falsehood in Business Credit Disputes: The Finbar Tolan Judgment 1. Introduction The judgment in Irish Bank Resolution Corporation Ltd (In Special Liquidation) & anor v Fingleton...

Ensuring Due Regard for the Public Sector Equality Duty in School Exclusion Decisions

Date: Mar 5, 2025

Ensuring Due Regard for the Public Sector Equality Duty in School Exclusion Decisions Introduction This commentary provides an in‐depth analysis of the Court of Appeal decision in Tza, R (On the...

The Incorporation of 'Costs of the Adjudication' in the Statutory Time Limit for Consideration under the 2015 Act

Date: Mar 5, 2025

The Incorporation of "Costs of the Adjudication" in the Statutory Time Limit for Consideration under the 2015 Act Introduction This commentary examines the High Court’s decision in H.J. Ward LLP v...

R v Diabate [2025] EWCA Crim 283: Threatened Remand Cannot Override the Right to Representation — Immediate Custody Unlawful Under s226 SA 2020 Absent a Genuine Waiver

Date: Mar 5, 2025

R v Diabate [2025] EWCA Crim 283: Threatened Remand Cannot Override the Right to Representation — Immediate Custody Unlawful Under s226 SA 2020 Absent a Genuine Waiver Court: Court of Appeal...

Clarifying “Vulnerable Places” and “Risk of Serious Disorder” in Knife-Possession Sentencing – Commentary on R v Williams [2025] EWCA Crim 873

Date: Mar 5, 2025

Clarifying “Vulnerable Places” and “Risk of Serious Disorder” in Knife-Possession Sentencing Commentary on R v Williams [2025] EWCA Crim 873 1. Introduction The Court of Appeal’s decision in R v...

New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation

Date: Mar 5, 2025

New Precedent on Judicial Standing in Environmental Challenges: The Role of Proximity and Participation Introduction The judgment in Murphy v An Bord Pleanala & Anor (Approved) ([2025] IEHC 117)...

Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law

Date: Mar 4, 2025

Clarifying the Duality: The Unlawfulness of Conflating Refusal and Cancellation of Leave to Enter in UK Immigration Law Introduction In the recent judgment of Jones Owusu for Judicial Review ([2025]...

Establishing Divisible Causation: A New Approach to Damages in Multifactorial Childhood Abuse Cases

Date: Mar 4, 2025

Establishing Divisible Causation: A New Approach to Damages in Multifactorial Childhood Abuse Cases Introduction The Court of Session’s decision in F against Gordon Chalmers and others ([2025] CSOH...

Conditional Restoration of Practising Certificates: Establishing Discretion Based on Recent Experience

Date: Mar 4, 2025

Conditional Restoration of Practising Certificates: Establishing Discretion Based on Recent Experience Introduction The judgment in the appeal by Patrick Henry McAuley against the decision of the...

Sandhu v Enterprise Rent-A-Car Ltd: Defining Aggregation in Harassment Claims and Assessing Reasonableness in Dismissal

Date: Mar 4, 2025

Sandhu v Enterprise Rent-A-Car Ltd: Defining Aggregation in Harassment Claims and Assessing Reasonableness in Dismissal Introduction The case of Sandhu v Enterprise Rent-A-Car Ltd ([2025] EWCA Civ...

Interlocutory Costs Must Be Determined Now: “Not Possible Justly” Requires Truly Exceptional Circumstances, with Pragmatic Power to Stay Pending an Imminent Trial

Date: Mar 4, 2025

Interlocutory Costs Must Be Determined Now: “Not Possible Justly” Requires Truly Exceptional Circumstances, with Pragmatic Power to Stay Pending an Imminent Trial 1. Introduction This Supreme Court...

Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010

Date: Mar 4, 2025

Establishing Proportionality and Abandonment in Adoption: A New Precedent under the Adoption Act, 2010 Introduction The judgment in Child and Family Agency & Ors v Adoption Authority of Ireland & Ors...

Revisiting the Proximity Requirement in Secondary Victim Claims: Insights from Young v Downey ([2025] EWCA Civ 177)

Date: Mar 3, 2025

Revisiting the Proximity Requirement in Secondary Victim Claims: Insights from Young v Downey ([2025] EWCA Civ 177) Introduction In the landmark case of Young v Downey ([2025] EWCA Civ 177), the...

Clarifying the Non-Binding Nature of Competent Body Findings: Insights from XYZ v Disclosure and Barring Service

Date: Mar 3, 2025

Clarifying the Non-Binding Nature of Competent Body Findings: Insights from XYZ v Disclosure and Barring Service Introduction The judgment in XYZ v Disclosure and Barring Service ([2025] EWCA Civ...

Transforming Discretionary Leave Policy: Transitional Provisions and ECAT Article 14(1)(a)

Date: Mar 3, 2025

Transforming Discretionary Leave Policy: Transitional Provisions and ECAT Article 14(1)(a) 1. Introduction The case of Secretary of State for the Home Department v S ([2025] EWCA Civ 188) represents...

FRAND in Cross‐Licensing and Jurisdiction: Recalibrating Good Faith in Global SEP Disputes

Date: Mar 3, 2025

FRAND in Cross‐Licensing and Jurisdiction: Recalibrating Good Faith in Global SEP Disputes Introduction The Judgment in Lenovo Group Ltd & Ors v Telefonaktiebolaget LM Ericsson (PUBL) & Anor ([2025]...

Reaffirming the Limits of the Chikwamba Principle: A New Framework for Article 8 Proportionality in Immigration Cases

Date: Mar 3, 2025

Reaffirming the Limits of the Chikwamba Principle: A New Framework for Article 8 Proportionality in Immigration Cases 1. Introduction The judgment in Butt v Secretary of State for the Home Department...

New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor

Date: Mar 1, 2025

New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor Introduction The judgment in Ruddy, R. v ([2025] NICA 13) by the Court of Appeal in Northern Ireland establishes a...