periodic-inspection Case Commentaries

[2026] EWCA Crim 871 — Offender of Particular Concern Unavailable Unless the Lead Offence Is Schedule 13-Listed (and Adult-Offending Can Properly Anchor Totality)

Date: Jun 24, 2026

Offender of Particular Concern Unavailable Unless the Lead Offence Is Schedule 13-Listed (and Adult-Offending Can Properly Anchor Totality) Case: YHW, R. v Neutral citation: [2026] EWCA Crim 871...

Notional Global Sentencing for Overlapping Historic Sexual Offending: Totality and Prior Sentences

Date: Jun 24, 2026

Notional Global Sentencing for Overlapping Historic Sexual Offending: Totality and Prior Sentences Introduction In R v Harris [2026] EWCA Crim 876, the Court of Appeal (Criminal Division) (Lord...

Unduly Lenient Sentence: Correct Application of the Perverting the Course of Justice Guideline and Avoiding Double Counting of Mitigation

Date: Jun 24, 2026

Unduly Lenient Sentence: Correct Application of the Perverting the Course of Justice Guideline and Avoiding Double Counting of Mitigation 1. Introduction In R v Evans [2026] EWCA Crim 885, the Court...

Street-trading licensing authorities are not liable in negligence or public nuisance for traders’ highway obstructions absent assumption of responsibility, special control, or proven knowledge and opportunity to abate

Date: Jun 23, 2026

Street-trading licensing authorities are not liable in negligence or public nuisance for traders’ highway obstructions absent assumption of responsibility, special control, or proven knowledge and...

Interim Separation under an ICO requires explicit Re C proportionality analysis, consideration of alternatives, and reasoned rejection of the guardian’s placement plan

Date: Jun 23, 2026

Interim Separation under an ICO requires explicit Re C proportionality analysis, consideration of alternatives, and reasoned rejection of the guardian’s placement plan 1) Introduction In B (A Child)...

Irish Champerty Clarified: Debt-Recovery Percentage Fees and “No Foal, No Fee” Retainers Upheld (and Champerty Confirmed as a Defence)

Date: Jun 23, 2026

Irish Champerty Clarified: Debt-Recovery Percentage Fees and “No Foal, No Fee” Retainers Upheld (and Champerty Confirmed as a Defence) 1. Introduction Howley v McClean; Howley v. Howard (Approved)...

Separate Constitutional Right-to-Life Analysis Required in s.3(11) Deportation Revocation Where Suicide Risk is Raised

Date: Jun 23, 2026

Separate Constitutional Right-to-Life Analysis Required in s.3(11) Deportation Revocation Where Suicide Risk is Raised 1. Introduction In J.K. and Ors v The Minister For Justice, Home Affairs and...

Material Contravention Requires Explicit Engagement: Playground Standards and the Commission’s Autonomous Duty to Protect Future Residents’ Amenity

Date: Jun 23, 2026

Material Contravention Requires Explicit Engagement: Playground Standards and the Commission’s Autonomous Duty to Protect Future Residents’ Amenity 1) Introduction In Abbey Park and District...

Interlocutory Relief Challenging Registered Title: Strong Evidence of Fraud/Mistake Required; Damages and Delay Defeat Equitable Relief

Date: Jun 23, 2026

Interlocutory Relief Challenging Registered Title: Strong Evidence of Fraud/Mistake Required; Damages and Delay Defeat Equitable Relief 1. Introduction In Barrington v Attorney General & Ors [2026]...

Voluntary Post‑Proceedings MARP Engagement Does Not Bar Possession Absent a Code‑Mandated Moratorium or Provision 59 Alternative Repayment Arrangement

Date: Jun 23, 2026

Voluntary Post‑Proceedings MARP Engagement Does Not Bar Possession Absent a Code‑Mandated Moratorium or Provision 59 Alternative Repayment Arrangement Court: High Court of Ireland (Circuit Appeal)...

“Good reason” review under s. 76(3) Medical Practitioners Act 2007: High Court confirms cancellation where misconduct is extreme and process is fair

Date: Jun 23, 2026

“Good reason” review under s. 76(3) Medical Practitioners Act 2007: High Court confirms cancellation where misconduct is extreme and process is fair 1) Introduction Medical Council v Bukhari...

Contempt Committal for Defying Possession Orders: Right of Appeal Does Not License Ongoing Disobedience

Date: Jun 23, 2026

Contempt Committal for Defying Possession Orders: Right of Appeal Does Not License Ongoing Disobedience Case: Teltsch v Buckley and Anor (Approved) [2026] IEHC 410 (High Court, Cregan J., 22 June...

No Order as to Costs in a Successful Case Stated Appeal Where the Determinative Jurisdictional Point Was Not Canvassed Below

Date: Jun 20, 2026

No Order as to Costs in a Successful Case Stated Appeal Where the Determinative Jurisdictional Point Was Not Canvassed Below Introduction This costs judgment of the High Court (Bradley J.) in DPP v...

Section 277A Sentencing Act 2020: Short Prison Sentences Must Be Suspended Unless “Exceptional Circumstances” Are Found

Date: Jun 20, 2026

Section 277A Sentencing Act 2020: Short Prison Sentences Must Be Suspended Unless “Exceptional Circumstances” Are Found 1. Introduction R v Morgan [2026] EWCA Crim 886 is an important early Court of...

Modular Trial Discretion: Liability–Causation–Loss of Chance as a Single Module and Quantum Severable Even Where Liability Dominates Trial Time

Date: Jun 20, 2026

Modular Trial Discretion: Liability–Causation–Loss of Chance as a Single Module and Quantum Severable Even Where Liability Dominates Trial Time 1) Introduction In Persona Digital Telelphony Ltd and...

Uplift from the Schedule 21 Starting Point: Brutality, Intoxication and the “Manifestly Excessive” Threshold

Date: Jun 20, 2026

Uplift from the Schedule 21 Starting Point: Brutality, Intoxication and the “Manifestly Excessive” Threshold Case: Hanson, R. v Court: England and Wales Court of Appeal (Criminal Division) Neutral...

A “Sherwin-compliant” Four-Step Duty to Reason Findings of No Material Contravention (Including Framework Plan Maps)

Date: Jun 20, 2026

A “Sherwin-compliant” Four-Step Duty to Reason Findings of No Material Contravention (Including Framework Plan Maps) 1. Introduction In MacSweeney v An Coimisiun Pleanala and Ors (Approved) [2026]...

Statutory Planning Record Integrity and Publication: Permanently Accurate s.111(7) Records and s.146 Disclosure of Superseded Inspector Reports

Date: Jun 20, 2026

Statutory Planning Record Integrity and Publication: Permanently Accurate s.111(7) Records and s.146 Disclosure of Superseded Inspector Reports Case: Environmental Trust Ireland v An Coimisiun...

Renewal of Personal Injury Summons: “Special Circumstances” Require Necessity and Reasonable Expedition—General COVID/Staffing Difficulties and Liability Admissions Will Not Excuse Multi‑Year Inaction

Date: Jun 20, 2026

Renewal of Personal Injury Summons: “Special Circumstances” Require Necessity and Reasonable Expedition—General COVID/Staffing Difficulties and Liability Admissions Will Not Excuse Multi‑Year...

3D‑Printed Firearms and “Exceptional Circumstances”: Sentencing Below the Five‑Year Minimum Must Still Be Guideline‑Anchored

Date: Jun 20, 2026

3D‑Printed Firearms and “Exceptional Circumstances”: Sentencing Below the Five‑Year Minimum Must Still Be Guideline‑Anchored 1. Introduction In R v Chudziak [2026] EWCA Crim 843, the Court of Appeal...