periodic-inspection Case Commentaries

[2026] IESC 37 — “No True Trial” as the Governing Threshold for O’Domhnaill Dismissals (Fault-Neutral and Rarely Determined Pre-Trial)

Date: Jul 9, 2026

“No True Trial” as the Governing Threshold for O’Domhnaill Dismissals (Fault-Neutral and Rarely Determined Pre-Trial) 1. Introduction Beatty v Beatty (Approved) [2026] IESC 37 is a Supreme Court of...

Section 263(4) Impeachment vs Section 274 “Sexual Behaviour”: Pre‑incident Sexual Messages, Section 275 Error, and No Miscarriage of Justice

Date: Jul 9, 2026

Section 263(4) Impeachment vs Section 274 “Sexual Behaviour”: Pre‑incident Sexual Messages, Section 275 Error, and No Miscarriage of Justice Court: High Court of Justiciary (Appeal Court) Citation:...

Building Preservation Notice Triggers a Fresh Listing Duty: HES May Reconsider a Recent “No-List” Decision

Date: Jul 9, 2026

Building Preservation Notice Triggers a Fresh Listing Duty: HES May Reconsider a Recent “No-List” Decision 1) Introduction This Inner House decision ([2026] CSIH 37, First Division) concerns the...

Occupiers’ Liability in Employer-Provided Accommodation: Off‑Duty Horseplay Does Not Make a Resident a Trespasser

Date: Jul 9, 2026

Occupiers’ Liability in Employer-Provided Accommodation: Off‑Duty Horseplay Does Not Make a Resident a Trespasser Case: ZZZ v The Ministry of Defence [2026] EWCA Civ 875 Court: England and Wales...

Substantial Injustice and Long Out-of-Time Appeals: Quashing a Refugee’s False-Document Conviction Where a Section 31 Defence Was Not Advised

Date: Jul 9, 2026

Substantial Injustice and Long Out-of-Time Appeals: Quashing a Refugee’s False-Document Conviction Where a Section 31 Defence Was Not Advised 1. Introduction In Adow v R [2026] EWCA Crim 868, the...

Mortgagees’ Interest Insurance: Security-Interest Loss, Composite Perils, and Fraud-Vitiated “Privity”

Date: Jul 9, 2026

Mortgagees’ Interest Insurance: Security-Interest Loss, Composite Perils, and Fraud-Vitiated “Privity” 1) Introduction In Oceanus Capital SARL v Lloyd's Insurance Company S.A. (M/V "VYSSOS") [2026]...

Exhaustion for Downloaded Software: Accessory Non‑Program Works Exhausted Under the Software Directive, and the CAT May Decide Necessary Copyright Issues

Date: Jul 9, 2026

Exhaustion for Downloaded Software: Accessory Non‑Program Works Exhausted Under the Software Directive, and the CAT May Decide Necessary Copyright Issues Introduction In JJH Enterprises Ltd (t/a...

Planning JR: Late Technical Grounds and Superseded Design Objections—Art. 6 of the 2005 Odour/Noise Regulations Satisfied by Standard Compliance Conditions

Date: Jul 9, 2026

Planning JR: Late Technical Grounds and Superseded Design Objections—Art. 6 of the 2005 Odour/Noise Regulations Satisfied by Standard Compliance Conditions 1) Introduction In Busher and Ors v An...

Successor Loan Purchaser May Enforce a Long-Standing Possession Order on Unchallenged Proofs, with O.42 Discretion Turning on Prejudice

Date: Jul 9, 2026

Successor Loan Purchaser May Enforce a Long-Standing Possession Order on Unchallenged Proofs, with O.42 Discretion Turning on Prejudice High Court of Ireland Kennedy J [2026] IEHC 432 6 July 2026 1)...

Delay Mitigation and Guilty Plea Credit in Unduly Lenient Drug-Supply Sentences: When Reductions Become “Unexplained and Excessive”

Date: Jul 9, 2026

Delay Mitigation and Guilty Plea Credit in Unduly Lenient Drug-Supply Sentences: When Reductions Become “Unexplained and Excessive” 1. Introduction In R. v Brown & Anor [2026] EWCA Crim 941, the...

Costs in Compromised Judicial Review: A “Chaser” Email Is Not a Pre-Action Protocol Letter and a Three‑Month “Aim” Creates No Legal Deadline

Date: Jul 9, 2026

Costs in Compromised Judicial Review: A “Chaser” Email Is Not a Pre-Action Protocol Letter and a Three‑Month “Aim” Creates No Legal Deadline 1. Introduction Khan, R (On the Application Of) v...

Irish High Court Assistance for Foreign-Seated Arbitration: Enforcing an Arbitrator’s Letter of Request to Compel a Non-Party Deposition under Article 27 Model Law

Date: Jul 9, 2026

Irish High Court Assistance for Foreign-Seated Arbitration: Enforcing an Arbitrator’s Letter of Request to Compel a Non-Party Deposition under Article 27 Model Law Case: Tik Tok Inc. v Rosendin...

Security for Costs in Competition Claims: Clear Evidence of Causation and “Stifling” Required to Displace the s.52 Default

Date: Jul 9, 2026

Security for Costs in Competition Claims: Clear Evidence of Causation and “Stifling” Required to Displace the s.52 Default 1) Introduction In Studbook Development Ireland Ltd [Trading as Warmblood...

Structured Sentencing Reasons and Driving Disqualification: s52 Sentencing Code and ss35A–35B RTOA

Date: Jul 9, 2026

Structured Sentencing Reasons and Driving Disqualification: Enforcing s52 Sentencing Code and ss35A–35B RTOA on Appeal 1. Introduction In Jugessur, R. v [2026] EWCA Crim 1010, the Court of Appeal...

Inadequate and Misaligned Safety Measures Justify Category 1B and a Custodial Starting Point for Dangerous Dogs Act Injury Offences

Date: Jul 9, 2026

Inadequate and Misaligned Safety Measures Justify Category 1B and a Custodial Starting Point for Dangerous Dogs Act Injury Offences 1. Introduction In Hopkins, R. v [2026] EWCA Crim 1083, the Court...

Article 40 Habeas Corpus and Child Care Orders: Lawful “Detention” Where Valid Care Orders Exist

Date: Jul 9, 2026

Article 40 Habeas Corpus and Child Care Orders: Lawful “Detention” Where Valid Care Orders Exist 1. Introduction In N.B. (Through His Next Friend Mother And Guardian P.B.) v Child and Family Agency...

[2026] EWCA Crim 870 — Unduly Lenient Sentence References After Voluntary Early Removal

Date: Jul 9, 2026

Unduly Lenient Sentence References May Proceed Despite Voluntary Early Removal Abroad Where a Fair Hearing Remains Possible Case: Singh & Anor, R. v Neutral citation: [2026] EWCA Crim 870 Court:...

No mandatory “long time-gap” Moorov direction: adequacy of standard mutual corroboration directions is usually sufficient

Date: Jul 9, 2026

No mandatory “long time-gap” Moorov direction: adequacy of standard mutual corroboration directions is usually sufficient 1. Introduction In Appeal against Conviction by James Donaldson or Murray...

Fiscal Neutrality in Article 132(1)(i): The “Typical Consumer” Test Applies to Supplier Conditions

Date: Jul 8, 2026

Fiscal Neutrality in Article 132(1)(i): The “Typical Consumer” Test Applies to Supplier Conditions Case: St Patrick's International College Ltd & Ors v Revenue And Customs Citation: [2026] EWCA Civ...

Procedural Fairness in Costs: A Provisional “No Order” Cannot Stand Without Hearing Submissions

Date: Jul 8, 2026

Procedural Fairness in Costs: A Provisional “No Order” Cannot Stand Without Hearing Submissions Carl v Limbani [2026] EWCA Civ 856 (CA (Civ Div), 6 July 2026) Appeal from: [2025] EWHC 1104 (Ch)...