periodic-inspection Case Commentaries

Simkova v Secretary of State for Work and Pensions: Components of Universal Credit Cannot Be Severed into Separate Social Security Entitlements

Date: Apr 27, 2024

Simkova v Secretary of State for Work and Pensions: Components of Universal Credit Cannot Be Severed into Separate Social Security Entitlements Introduction Simkova v Secretary of State for Work and...

Guarantee Enforcement Upholding Independent Legal Advice and Presumed Capacity: Everyday Finance v Flood [2024] IEHC 252

Date: Apr 27, 2024

Guarantee Enforcement Upholding Independent Legal Advice and Presumed Capacity: Everyday Finance v Flood [2024] IEHC 252 Introduction The High Court of Ireland delivered a significant judgment in the...

Clarifying Small Scale Neighbourhood Developments under Policy 28 of NPF4: Insights from Tesco Stores Ltd v Perth and Kinross Council

Date: Apr 27, 2024

Clarifying Small Scale Neighbourhood Developments under Policy 28 of NPF4: Insights from Tesco Stores Ltd v Perth and Kinross Council Introduction Parties Involved: The petitioner in this case is...

Interpretation of 'Proprietary Director' in Tax Law: Revenue Commissioners v Hennessy & Anor

Date: Apr 27, 2024

Interpretation of 'Proprietary Director' in Tax Law: Revenue Commissioners v Hennessy & Anor ([2024] IEHC 245) Introduction The case of Revenue Commissioners v Hennessy & Anor ([2024] IEHC 245)...

Standards for Credibility of Affidavit Evidence in Section 106 Appeals: Insights from Sahail Ahmed Appeal

Date: Apr 27, 2024

Standards for Credibility of Affidavit Evidence in Section 106 Appeals: Insights from Sahail Ahmed Appeal Introduction The case of Sahail Ahmed v. His Majesty's Advocate ([2024] ScotHC HCJAC_14)...

Sherman & Anor v Reader Offers Ltd [2024] EWCA Civ 412: Key Legal Principles on Package Holiday Contracts and Consumer Protection

Date: Apr 27, 2024

Sherman & Anor v Reader Offers Ltd [2024] EWCA Civ 412: Key Legal Principles on Package Holiday Contracts and Consumer Protection Introduction In the landmark case of Sherman & Anor v Reader Offers...

Bissessur v McMillen: High Court Affirms Necessity of Standing in Challenging Intestate Estate Administration Grants

Date: Apr 27, 2024

Bissessur v McMillen: High Court Affirms Necessity of Standing in Challenging Intestate Estate Administration Grants Introduction The case of Bissessur v McMillen ([2024] IEHC 235) adjudicated by the...

Dooner v Fahy [2024] IEHC 250: Establishing Penalty Liability for Deliberate Non-Compliance in Tax Filings

Date: Apr 27, 2024

Dooner v Fahy [2024] IEHC 250: Establishing Penalty Liability for Deliberate Non-Compliance in Tax Filings Introduction The case of Dooner v Fahy [2024] IEHC 250 adjudicated by the High Court of...

High Court Upholds CCMA Compliance in Mortgage Repossession Proceedings

Date: Apr 27, 2024

High Court Upholds CCMA Compliance in Mortgage Repossession Proceedings Introduction The case of Mars Capital Finance Ireland DAC v Farrell & Anor ([2024] IEHC 277) presents a significant examination...

Mitchell & Anor v Al Jaber [2024] EWCA Civ 423: Upholding Fiduciary Duties Post-Liquidation and Clarifying Unpaid Vendor's Lien in Company Restructuring

Date: Apr 27, 2024

Mitchell & Anor v Al Jaber [2024] EWCA Civ 423 Upholding Fiduciary Duties Post-Liquidation and Clarifying Unpaid Vendor's Lien in Company Restructuring Introduction Mitchell & Anor v Al Jaber is a...

Faulkner [2024] IESC 16: Strengthening the Totality Principle and Sentencing Proportionality in Burglary Cases

Date: Apr 26, 2024

Faulkner [2024] IESC 16: Strengthening the Totality Principle and Sentencing Proportionality in Burglary Cases Introduction In the landmark case of The People (at the suit of the Director of Public...

Mandatory Refusal under Paragraph 322(1A) in Varied Immigration Applications: Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407

Date: Apr 26, 2024

Mandatory Refusal under Paragraph 322(1A) in Varied Immigration Applications: Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 Introduction The case of Al-Azad v Secretary of...

Scottish Ministers' Licensing Variations Must Comply with National Marine Plan: A Landmark Ruling

Date: Apr 26, 2024

Scottish Ministers' Licensing Variations Must Comply with National Marine Plan: A Landmark Ruling Introduction In the recent judicial review case Open Seas Trust v Scottish Ministers ([2024] ScotCS...

Balancing Legal and Public Interests in Village Green Deregistration: R (On the Application Of) v Laing Homes Ltd & Anor

Date: Apr 26, 2024

Balancing Legal and Public Interests in Village Green Deregistration: R (On the Application Of) v Laing Homes Ltd & Anor Introduction The case of R (On the Application Of) v Laing Homes Ltd & Anor...

High Court Upholds District Court Rules on Cost Scales Under Courts Act 1981: Nolan v Waterford County Council & Ors (2024)

Date: Apr 26, 2024

High Court Upholds District Court Rules on Cost Scales Under Courts Act 1981: Nolan v Waterford County Council & Ors (2024) Introduction In the case of Nolan v The County Council of the County of...

Procedural Strictness in Contempt Proceedings: Upholding the Necessity of Proper Service in B v Child and Family Agency

Date: Apr 26, 2024

Procedural Strictness in Contempt Proceedings: Upholding the Necessity of Proper Service in B v Child and Family Agency Introduction The case of B [A Minor] v Child and Family Agency (Approved)...

Protecting Defendants from Vexatious Litigation: Insights from McDonagh v Fane Investments Ltd & Ors ([2024] IEHC 240)

Date: Apr 26, 2024

Protecting Defendants from Vexatious Litigation: Insights from McDonagh v Fane Investments Ltd & Ors ([2024] IEHC 240) Introduction McDonagh & Anor v Fane Investments Ltd & Ors is a landmark judgment...

Iqbal v EWCA Crim: Reinforcing Rigorous Standards for Extension of Time in Criminal Appeals

Date: Apr 26, 2024

Iqbal v EWCA Crim: Reinforcing Rigorous Standards for Extension of Time in Criminal Appeals Introduction In the landmark case of Iqbal, R. v ([2024] EWCA Crim 488), the England and Wales Court of...

UK Supreme Court Affirms Strict Immigration Controls: LTR Denial for Foreign Criminals in Limbo

Date: Apr 25, 2024

UK Supreme Court Affirms Strict Immigration Controls: LTR Denial for Foreign Criminals in Limbo Introduction In the landmark case AM (Belarus), R. (On the Application Of) v Secretary of State for the...

Balancing Human Rights and Housing Duties: Insights from Ghaoui v London Borough of Waltham Forest

Date: Apr 25, 2024

Balancing Human Rights and Housing Duties: Insights from Ghaoui v London Borough of Waltham Forest Introduction Ghaoui v London Borough of Waltham Forest ([2024] EWCA Civ 405) represents a pivotal...