periodic-inspection Case Commentaries

Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity

Date: Feb 19, 2025

Inherent Jurisdiction Reaffirmed: Detention and Treatment of Adults Lacking Capacity Introduction The case of Health Service Executive v N.D [APUM] ([2025] IEHC 86) is a significant judicial decision...

The R.M. v Conneely Precedent: Clarifying Judicial Impartiality and the Boundaries of Bias in Leave Applications

Date: Feb 19, 2025

The R.M. v Conneely Precedent: Clarifying Judicial Impartiality and the Boundaries of Bias in Leave Applications Introduction In the judgment R.M. v Conneely (Approved) ([2025] IEHC 92), delivered by...

Exercising Absolute Privilege and Limiting Declaratory Relief: Guidance from Finucane v Clerk of The District Court

Date: Feb 19, 2025

Exercising Absolute Privilege and Limiting Declaratory Relief: Guidance from Finucane v Clerk of The District Court Introduction In the judgment of Finucane v Clerk of The District Court (Approved)...

The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing

Date: Feb 19, 2025

The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing Introduction R v GMB (2025] EWCA Crim 414) is an appeal against sentence heard by the England and...

Article 6 “Reasonable Time” Breach in Scotland: Discontinuance Only Where a Fair Trial Is No Longer Possible (or Other Compelling Reason)

Date: Feb 15, 2025

Article 6 “Reasonable Time” Breach in Scotland: Discontinuance Only Where a Fair Trial Is No Longer Possible (or Other Compelling Reason) 1. Introduction In Crown Appeal under section 74(1) of the...

Clarifying Extended Sentence Allocation in Sexual Offence Cases: Commentary on FPK, R. v ([2025] EWCA Crim 237)

Date: Feb 15, 2025

Clarifying Extended Sentence Allocation in Sexual Offence Cases Introduction The Judgment in FPK, R. v ([2025] EWCA Crim 237) represents a significant decision by the England and Wales Court of...

Establishing the 'Substantial Grounds' Threshold in Judicial Review of Planning Decisions

Date: Feb 14, 2025

Establishing the "Substantial Grounds" Threshold in Judicial Review of Planning Decisions Introduction The judgment in Reddan v An Bord Pleanala (Approved) [2025] IEHC 172 represents a significant...

R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies

Date: Feb 14, 2025

R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies Court: England and Wales Court of Appeal (Criminal...

New Precedent: Appointing an Independent DMR to Protect Vulnerable Adults in Complex Family Disputes

Date: Feb 14, 2025

New Precedent: Appointing an Independent DMR to Protect Vulnerable Adults in Complex Family Disputes Introduction The judgment in In the Matter of A, [A Ward of Court] ([2025] IEHC 112) represents a...

R v Davies [2025] EWCA Crim 179: Sentencing “Offers to Supply” with No Intention to Fulfil — A Real-Harm Approach under s60 Sentencing Act 2020

Date: Feb 14, 2025

R v Davies [2025] EWCA Crim 179: Sentencing “Offers to Supply” with No Intention to Fulfil — A Real-Harm Approach under s60 Sentencing Act 2020 Court: Court of Appeal (Criminal Division) — Lord...

Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies – Commentary on Blower & Ors, R. v [2025] EWCA Crim 747

Date: Feb 14, 2025

Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies Commentary on Blower & Ors, R. v [2025] EWCA Crim 747 Introduction The decision of the Court of...

Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978

Date: Feb 13, 2025

Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978 Introduction This commentary addresses the Court of Appeal’s decision in Hulley Enterprises Ltd &...

Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance

Date: Feb 13, 2025

Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance 1. Introduction The Judgment in Hughes v HM Revenue & Customs & Anor...

Consent Orders in Family Law Proceedings: Clarification of the Limits on Appeals

Date: Feb 13, 2025

Consent Orders in Family Law Proceedings: Clarification of the Limits on Appeals 1. Introduction The judgment in R v C (Appeal of Consent Order) ([2025] IEHC 76) addresses the circumstances in which...

A New Legal Framework for Judicial Review Factual Disputes: Irish Skydiving Club CLG & Anor v Irish Aviation Authority DAC

Date: Feb 13, 2025

A New Legal Framework for Judicial Review Factual Disputes: Irish Skydiving Club CLG & Anor v Irish Aviation Authority DAC 1. Introduction In the judgment of Irish Skydiving Club CLG & Anor v Irish...

“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109)

Date: Feb 13, 2025

“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109) 1. Introduction This commentary...

Substitution of Plaintiffs in Dormant Proceedings: Everyday Finance DAC v O'Shea [2025] IEHC 75

Date: Feb 13, 2025

Substitution of Plaintiffs in Dormant Proceedings: Everyday Finance DAC v O'Shea [2025] IEHC 75 1. Introduction The High Court Judgment in Everyday Finance DAC v O'Shea ([2025] IEHC 75) addresses the...

“Extended Scope of ‘Immovable Property’ in Double Taxation Treaties”—A Commentary on Royal Bank of Canada v HMRC ([2025] UKSC 2)

Date: Feb 13, 2025

Introduction The case of Royal Bank of Canada v Commissioners for His Majesty’s Revenue and Customs ([2025] UKSC 2) involves a detailed analysis of Article 6(2) of the UK–Canada Double Taxation...

Clarifying the Territorial Scope of “Conduct” under Section 137 of the Extradition Act 2003

Date: Feb 13, 2025

Clarifying the Territorial Scope of “Conduct” under Section 137 of the Extradition Act 2003 Introduction The Supreme Court’s decision in El-Khouri v Government of the United States of America ([2025]...

Establishing the Boundaries of Objective Bias: Commentary on Kelly v University College Dublin ([2025] IESC 6)

Date: Feb 13, 2025

Establishing the Boundaries of Objective Bias: Commentary on Kelly v University College Dublin ([2025] IESC 6) Introduction Kelly v University College Dublin (Approved) ([2025] IESC 6) is a landmark...