periodic-inspection Case Commentaries

Bancroft v Court of Appeal: Upholding the Integrity of Sentencing in Sexual Offences Cases

Date: Nov 2, 2024

Bancroft v Court of Appeal: Upholding the Integrity of Sentencing in Sexual Offences Cases Introduction In the landmark case of Bancroft, R. v [2024] EWCA Crim 1393, the England and Wales Court of...

Strict Enforcement of Statutory Time Limits in Judicial Review: M v Chief International Protection Officer & Ors [2024] IEHC 623

Date: Nov 2, 2024

Strict Enforcement of Statutory Time Limits in Judicial Review: M v Chief International Protection Officer & Ors [2024] IEHC 623 Introduction The case of M v Chief International Protection Officer &...

Enhancing Sentencing Standards for Sexual Offences Against Minors: White v [2024] EWCA Crim 1390

Date: Nov 1, 2024

Enhancing Sentencing Standards for Sexual Offences Against Minors: White v [2024] EWCA Crim 1390 Introduction The case of Lewis White v [2024] EWCA Crim 1390 represents a pivotal moment in the...

Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641

Date: Nov 1, 2024

Establishing the Role of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Analysis of [2024] IEHC 641 Introduction The High Court of Ireland delivered a pivotal...

Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640

Date: Nov 1, 2024

Establishing Capacity and Appointment of Decision Making Representatives under the Assisted Decision-Making (Capacity) Act 2015: Commentary on [2024] IEHC 640 Introduction The High Court of Ireland...

Enforcement of Full and Frank Disclosure in Interim Judicial Factor Appointments: McAlister v Panda Rosa Metals [2024] CSOH 97

Date: Nov 1, 2024

Enforcement of Full and Frank Disclosure in Interim Judicial Factor Appointments: McAlister v Panda Rosa Metals [2024] CSOH 97 Introduction The case of Rodney Vincent McAlister v Panda Rosa Metals...

Establishing Limits on Transferred Loss Claims in Scottish Contract Law: Analysis of Forthwell LTD v PontegaDEA (2024) CSIH 38

Date: Nov 1, 2024

Establishing Limits on Transferred Loss Claims in Scottish Contract Law: Analysis of Forthwell LTD v PontegaDEA (2024) CSIH 38 Introduction The case of Forthwell LTD v PontegaDEA (2024) CSIH 38...

Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors

Date: Nov 1, 2024

Ensuring Compliance with Special Care Orders: The Critical Role of Staffing and Allowances in Child and Family Agency v D.A & Ors Introduction The case of Child and Family Agency v D.A & Ors is a...

High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects

Date: Nov 1, 2024

High Court Establishes Rigorous Standards for Interlocutory Injunctions on Migration Projects Introduction The case of Croghan & Ors v Collins & Ors (Approved) ([2024] IEHC 607) was adjudicated by...

High Court Establishes Statutory Jurisdiction to Remit Aquaculture Licensing Decisions under the Fisheries (Amendment) Act 1997

Date: Nov 1, 2024

High Court Establishes Statutory Jurisdiction to Remit Aquaculture Licensing Decisions under the Fisheries (Amendment) Act 1997 Introduction The case of Salmon Watch Ireland CLG v Aquaculture...

High Court Establishes Charitable Fundraising Through Retail as Exempt Under Valuation Act

Date: Nov 1, 2024

High Court Establishes Charitable Fundraising Through Retail as Exempt Under Valuation Act Introduction In the landmark case of NCBI Retail v Commissioner of Valuation ([2024] IEHC 606), the High...

Security for Costs: High Court Refuses Defendant's Motion in Tahboub v Joint Arab-Irish Chamber of Commerce CLG

Date: Nov 1, 2024

Security for Costs: High Court Refuses Defendant's Motion in Tahboub v Joint Arab-Irish Chamber of Commerce CLG Introduction In the matter of Tahboub v Joint Arab-Irish Chamber of Commerce CLG...

Supreme Court Establishes Strict Necessity Test for Suspending Public Inquiries under the Inquiries Act 2005

Date: Oct 31, 2024

Supreme Court Establishes Strict Necessity Test for Suspending Public Inquiries under the Inquiries Act 2005 Introduction In the landmark case of JR222, Re Application for Judicial Review (Northern...

Serdoud v EWCA Crim: Upholding Strict Liability in Bail Surrender and Affirming Judicial Impartiality

Date: Oct 31, 2024

Serdoud v EWCA Crim: Upholding Strict Liability in Bail Surrender and Affirming Judicial Impartiality Introduction The case of Serdoud v ([2024] EWCA Crim 1398) was adjudicated by the England and...

Court Affirms Judicial Authority in Open Adoption: R & C (Adoption or Fostering) [2024] EWCA Civ 1302

Date: Oct 31, 2024

Court Affirms Judicial Authority in Open Adoption: R & C (Adoption or Fostering) [2024] EWCA Civ 1302 Introduction The case of R & C (Adoption or Fostering) [2024] EWCA Civ 1302 was heard in the...

De Recenti Statements as Corroboration in Criminal Proceedings: Establishing New Precedent in Scottish Law

Date: Oct 31, 2024

De Recenti Statements as Corroboration in Criminal Proceedings: Establishing New Precedent in Scottish Law Introduction The case of References by His Majesty's Advocate against PG and JM ([2024]...

Gradual Investments Ltd v Kennedy: Enforceability of Abatement Agreements and Penalty Clauses

Date: Oct 31, 2024

Gradual Investments Ltd v Kennedy: Enforceability of Abatement Agreements and Penalty Clauses Introduction Gradual Investments Ltd v Kennedy (Approved) ([2024] IEHC 602) is a landmark decision...

Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587: Establishing the Integrity of Personal Injury Claims under Section 26

Date: Oct 31, 2024

Lynch v Motor Insurers' Bureau of Ireland [2024] IEHC 587: Establishing the Integrity of Personal Injury Claims under Section 26 Introduction The High Court of Ireland, in the matter of Lynch v Motor...

Addressing Vexatious Litigation: High Court's Stance on Security for Costs in Ulster Bank DAC & Ors v McDonagh & Ors [2024] IEHC 609

Date: Oct 31, 2024

Addressing Vexatious Litigation: High Court's Stance on Security for Costs in Ulster Bank DAC & Ors v McDonagh & Ors [2024] IEHC 609 Introduction In the landmark case of Ulster Bank DAC & Ors v...

Reaffirmation of 'Exceptional Circumstances' Requirement for Private Prosecutions in Scottish Law

Date: Oct 30, 2024

Reaffirmation of 'Exceptional Circumstances' Requirement for Private Prosecutions in Scottish Law Introduction The case of AB against Paul Cooney ([2024] HCJAC 40) adjudicated by the Scottish High...