periodic-inspection Case Commentaries

Judicial Review: Cross-Examination of Expert Affidavits Requires a Genuine, Material Dispute of Opinion (Not Legal Argument)

Date: Jul 3, 2026

Judicial Review: Cross-Examination of Expert Affidavits Requires a Genuine, Material Dispute of Opinion (Not Legal Argument) 1) Introduction In Friends Of The Irish Environment CLG and others v...

Mandatory ACA Character-Assessment and Reasoned Consideration for Demolition of Heritage Features in Part XAB Consents

Date: Jul 3, 2026

Mandatory ACA Character-Assessment and Reasoned Consideration for Demolition of Heritage Features in Part XAB Consents Case: D'Alton v An Coimisiun Pleanala (Approved) [2026] IEHC 414 Court: High...

Ward v Rai [2026] EWCA Civ 816 — Appellate restraint in Part 47 case management: non-compliant points of dispute do not mandate strike-out

Date: Jul 3, 2026

Ward v Rai [2026] EWCA Civ 816 — Appellate restraint in Part 47 case management: non-compliant points of dispute do not mandate strike-out 1. Introduction Ward v Rai concerned a road-traffic personal...

Two-Child Limit Exceptions: Justifying Differential Treatment Between Non-Consensual Conception, Adoption and Non-Parental Care in Universal Credit

Date: Jul 3, 2026

Two-Child Limit Exceptions: Justifying Differential Treatment Between Non-Consensual Conception, Adoption and Non-Parental Care in Universal Credit Case: LMN & Anor, R (On the Application Of) v...

Sentencing appeals in cannabis production: when a disputed “role” label does not make a guideline-range sentence manifestly excessive

Date: Jul 3, 2026

Sentencing appeals in cannabis production: when a disputed “role” label does not make a guideline-range sentence manifestly excessive Case Minh, R. v [2026] EWCA Crim 1019 Court / Date England and...

Section 12(8)(b)(i) Planning Act: Listing a Submission’s Agent Suffices; Gillen Two‑Stage Invalidity/Discretion Test Confirmed in Planning JR

Date: Jul 3, 2026

Section 12(8)(b)(i) Planning Act: Listing a Submission’s Agent Suffices; Gillen Two‑Stage Invalidity/Discretion Test Confirmed in Planning JR 1. Introduction In O'Donnell v Dublin City Council [2026]...

Tailored Jury Directions and Issue-Narrowing: When “Maliciously”, Consent, and Intention Need No Further Elaboration

Date: Jul 3, 2026

Tailored Jury Directions and Issue-Narrowing: When “Maliciously”, Consent, and Intention Need No Further Elaboration 1) Introduction In R v Fitton [2026] EWCA Crim 939 (CA (Crim Div), 2 July 2026),...

“Visible weapon” means visible to the threatened victim: construing “threats with significant violence” and restricting suspension for racially aggravated threats to kill with a bladed article

Date: Jul 3, 2026

“Visible weapon” means visible to the threatened victim: construing “threats with significant violence” and restricting suspension for racially aggravated threats to kill with a bladed article 1)...

Substantial Compliance and De Minimis Error in Statutory “Listing” Requirements for Development Plan Submissions

Date: Jul 3, 2026

Substantial Compliance and De Minimis Error in Statutory “Listing” Requirements for Development Plan Submissions Case: O'Donnell v Dublin City Council (Approved) [2026] IESC 36 Court: Supreme Court...

Children and Young People Guideline Must Inform Sentencing for Terrorism Information Offences Committed Under 18 (Even if Sentenced as an Adult)

Date: Jul 3, 2026

Children and Young People Guideline Must Inform Sentencing for Terrorism Information Offences Committed Under 18 (Even if Sentenced as an Adult) Case: R v Shafiq (Attorney General’s Reference under...

Issue Estoppel Confined to Necessary Findings on the Pleaded Case, Not Wider Judicial Reasoning

Date: Jul 2, 2026

Issue Estoppel Confined to Necessary Findings on the Pleaded Case, Not Wider Judicial Reasoning 1. Introduction In Skatteforvaltningen (The Danish Customs and Tax Administration) v MCML Ltd...

Refinancing Offers Do Not Stop Mortgage Interest Without a True Tender of Immediately Available Funds

Date: Jul 2, 2026

Refinancing Offers Do Not Stop Mortgage Interest Without a True Tender of Immediately Available Funds Case: Houssein & Ors v London Credit Ltd & Anor [2026] EWCA Civ 830 Court: Court of Appeal (Civil...

Mackay v Dick “Prevention” Principle Confirmed as Scots Law (Despite King Crude), But Not a Shortcut to Maximum Earnout

Date: Jul 2, 2026

Mackay v Dick “Prevention” Principle Confirmed as Scots Law (Despite King Crude), But Not a Shortcut to Maximum Earnout 1. Introduction In (First) Lorraine Murray; (Second) Ian James Murray; and...

Vince v Tice [2026] EWCA Civ 844 — Quote-tweets, opinion, and strict limits on recasting meaning on appeal

Date: Jul 2, 2026

Quote-tweets as “two-part” publications: fact/opinion assessed primarily from the author’s added words, and new meanings cannot be introduced on appeal without pleading and permission Court: England...

Timing Rule Under EIR 2004: “Held” and Public Interest Are Fixed at Receipt of the Request (Even on a Regulation 11 Review)

Date: Jul 2, 2026

Timing Rule Under EIR 2004: “Held” and Public Interest Are Fixed at Receipt of the Request (Even on a Regulation 11 Review) 1. Introduction In Information Commissioner & Anor v O'Hanlon [2026] EWCA...

Objective meaning of “competing with” in interim interdict contempt (regulatory compliance no answer)

Date: Jul 2, 2026

Objective construction of “competing with” in interim interdict contempt: regulatory compliance does not negate competition Court: Outer House, Court of Session | Citation: [2026] CSOH 62 | Date: 26...

Leave for Scots “Legal Error” Appeals: High “Obviously Wrong” Threshold and Strict Objective Construction of Contractual Notices

Date: Jul 2, 2026

Leave for Scots “Legal Error” Appeals: High “Obviously Wrong” Threshold and Strict Objective Construction of Contractual Notices Case: Petition Arbitration Application No 2 of 2026 (Court of Session)...

Section 60 Interim Suspension for Non-Disclosure of Foreign Fitness-to-Practise Proceedings and Alleged Dishonesty

Date: Jul 2, 2026

Section 60 Interim Suspension for Non-Disclosure of Foreign Fitness-to-Practise Proceedings and Alleged Dishonesty 1) Introduction In Health and Social Care Professionals Council v XW [2026] IEHC...

Relevance and Necessity as the Governing Test for Further Vouching (HC51) and Case-Managed Disclosure in Affidavit of Means Litigation

Date: Jul 2, 2026

Relevance and Necessity as the Governing Test for Further Vouching (HC51) and Case-Managed Disclosure in Affidavit of Means Litigation 1. Introduction A.M.D. v B.D. (Affidavit of Means; vouching;...

“Costs of the adjudication” include the 8% adjudication court fee; adjudicators cannot reopen Section D allowances post-determination despite an un-beaten tender

Date: Jul 2, 2026

“Costs of the adjudication” include the 8% adjudication court fee; adjudicators cannot reopen Section D allowances post-determination despite an un-beaten tender Case: Melia v Health Service...