periodic-inspection Case Commentaries

No Common Law Duty of Care Owed by the GMC to Doctors Under Fitness to Practise Investigation in the Timing, Manner, or Content of Statutory Notifications

Date: Jul 31, 2026

No Common Law Duty of Care Owed by the GMC to Doctors Under Fitness to Practise Investigation in the Timing, Manner, or Content of Statutory Notifications Case: Suresh & Ors v General Medical Council...

Re HB: A Best-Interests, Fact-Specific Framework for Appointing Personal Welfare Deputies (Including Transition Cases) and a Cautioned Role for “Autonomy”

Date: Jul 31, 2026

Re HB: A Best-Interests, Fact-Specific Framework for Appointing Personal Welfare Deputies (Including Transition Cases) and a Cautioned Role for “Autonomy” 1. Introduction In Re HB (Appointment of...

Fair Trial in Financial Remedy Proceedings: Material Allegations Must Be Put in Cross‑Examination; Non‑Disclosure Inferences Do Not Require s25(2)(g) Pleading; No Power to Compel a Third Party to “Agree” Housing Terms

Date: Jul 31, 2026

Fair Trial in Financial Remedy Proceedings: Material Allegations Must Be Put in Cross‑Examination; Non‑Disclosure Inferences Do Not Require s25(2)(g) Pleading; No Power to Compel a Third Party to...

Wells Sharing Is Not a “Last Resort”: Fair Risk-Allocation of Illiquid Matrimonial Assets

Date: Jul 31, 2026

Wells Sharing Is Not a “Last Resort”: Fair Risk-Allocation of Illiquid Matrimonial Assets Case: Culligan v Rosemin-Culligan Citation: [2026] EWCA Civ 948 (Court of Appeal (Civil Division), 24 July...

Tenancy “legal notice” clause as an address “given” for service of possession proceedings under CPR 6.8(a)

Date: Jul 31, 2026

Tenancy “legal notice” clause as an address “given” for service of possession proceedings under CPR 6.8(a) Case: Baqir Al-Chaalan & Anor v Abri Group Ltd Neutral citation: [2026] EWCA Civ 946 Court:...

Warning Letters Do Not Reset Order 122 Time: Four-Year Inactivity Presumptively Dismisses Oral-Evidence Medical Claims

Date: Jul 31, 2026

Warning Letters Do Not Reset Order 122 Time: Four-Year Inactivity Presumptively Dismisses Oral-Evidence Medical Claims 1) Introduction In O'Shaughnessy v Health Service Executive [2026] IEHC 568, the...

Staying DSA Investigations: Speculative Compliance Burdens Do Not Outweigh Effective Enforcement

Date: Jul 31, 2026

Staying DSA Investigations: Speculative Compliance Burdens Do Not Outweigh Effective Enforcement High Court of Ireland — [2026] IEHC 550 — Mr Justice Mark Dunne Judgment text dated: 31 July 2026. The...

Objective State-Protection Findings Must Still Be Individualised: IPAT Must Engage with the Applicant’s Lived Experience of Ineffective Protection

Date: Jul 31, 2026

Objective State-Protection Findings Must Still Be Individualised: IPAT Must Engage with the Applicant’s Lived Experience of Ineffective Protection 1) Introduction In S.V. v The International...

Jurisdictional Challenges Do Not Automatically Stay DSA Investigations

Date: Jul 31, 2026

Jurisdictional Challenges Do Not Automatically Stay DSA Investigations High Court of Ireland: [2026] IEHC 549, Dunne J. An arguable challenge to regulatory jurisdiction does not displace the ordinary...

HG (Abduction): When Maternal Medical Unfitness to Fly Makes Compliance Impossible—Stay and Deferred Reconsideration of Set-Aside

Date: Jul 31, 2026

HG (Abduction): When Maternal Medical Unfitness to Fly Makes Compliance Impossible—Stay and Deferred Reconsideration of Set-Aside Court: England and Wales Court of Appeal (Civil Division) Neutral...

Waiver in In Absentia EAW Cases: “Consequences” Do Not Extend to Activation of an Earlier Suspended Sentence

Date: Jul 31, 2026

Waiver in In Absentia EAW Cases: “Consequences” Do Not Extend to Activation of an Earlier Suspended Sentence 1) Introduction Minister for Justice v Kaploniak (Approved) [2026] IESC 40 concerns the...

High Court directs an on-notice leave hearing where IPAT’s COI-based “prosecution not persecution/serious harm” conclusion may be under-explained

Date: Jul 31, 2026

High Court directs an on-notice leave hearing where IPAT’s COI-based “prosecution not persecution/serious harm” conclusion may be under-explained 1) Introduction In O.M.M.I.A v The International...

Article 40.4.1 Civil Liberty Claims Qualify for Court-Fee Exemption Under S.I. 492/2014

Date: Jul 31, 2026

Article 40.4.1 Civil Liberty Claims Qualify for Court-Fee Exemption Under S.I. 492/2014 1. Introduction In Davis v Ireland and Anor (Approved) [2026] IEHC 564, Mr Justice Cregan of the High Court...

Undertakings to the Winning Tenderer: A Material Factor in Lifting the Automatic Suspension in Irish Procurement Challenges

Date: Jul 31, 2026

Undertakings to the Winning Tenderer: A Material Factor in Lifting the Automatic Suspension in Irish Procurement Challenges Case: Q Park Ireland Ltd & Anor v Dublin City Council (Approved) Citation:...

Proper Provision May Require Resort to Inherited and Pre-Marital Assets: Provenance Does Not Guarantee Exclusion on Divorce

Date: Jul 31, 2026

Proper Provision May Require Resort to Inherited and Pre-Marital Assets: Provenance Does Not Guarantee Exclusion on Divorce Case: I.J. v K.J. (conduct, pre-matrimonial and inherited assets, depletion...

Eating-disorder cognitive distortion can negate “weighing” capacity: authorisation of urgent, invasive treatment (and ancillary detention) under the High Court’s inherent jurisdiction

Date: Jul 31, 2026

Eating-disorder cognitive distortion can negate “weighing” capacity: authorisation of urgent, invasive treatment (and ancillary detention) under the High Court’s inherent jurisdiction Case Health...

R v McDonagh [2026] EWCA Crim 1145 — Full activation of a suspended sentence remains the norm where breach is by multiple new offences and “compliance” is only non‑punitive

Date: Jul 31, 2026

R v McDonagh [2026] EWCA Crim 1145 — Full activation of a suspended sentence remains the norm where breach is by multiple new offences and “compliance” is only non‑punitive 1. Introduction In R v...

R v OIM [2026] EWCA Crim 1173 — Commentary

Date: Jul 31, 2026

Sentencing Historic Sexual Offences Committed in Early Childhood: resolving uncertainty in age and charge scope, and applying Ahmed to the custody “bar” Case: R v OIM (Attorney General’s Reference...

TCA Surrender to the UK: No Refusal for Mere Delay and No Article 3 Bar Without Objective, Updated Evidence of Real Risk

Date: Jul 30, 2026

TCA Surrender to the UK: No Refusal for Mere Delay and No Article 3 Bar Without Objective, Updated Evidence of Real Risk Court: High Court of Ireland Neutral citation: [2026] IEHC 543 Date: 29 July...

Refusal of Surrender Under a TCA Warrant Requires Objective, Specific Evidence: Delay and Media-Based Prison Claims Are Insufficient

Date: Jul 30, 2026

Refusal of Surrender Under a TCA Warrant Requires Objective, Specific Evidence: Delay and Media-Based Prison Claims Are Insufficient Case: Minister For Justice, Home Affairs And Migration v Joyce...