periodic-inspection Case Commentaries

Stage 2 Equal Value Hearings: “Work” as Job Requirements, Appeal Particularisation, and the Bar on Revisiting Agreed Facts

Date: May 13, 2026

Stage 2 Equal Value Hearings: “Work” as Job Requirements, Appeal Particularisation, and the Bar on Revisiting Agreed Facts Case: Tesco Stores Ltd v Element & Ors Citation: [2026] EWCA Civ 580 Court:...

Finality of Possession Orders: No Collateral Attack (or “Fraud” Plea) by Trespass Defence After Lawful Eviction

Date: May 12, 2026

Finality of Possession Orders: No Collateral Attack (or “Fraud” Plea) by Trespass Defence After Lawful Eviction 1. Introduction In KBC Bank NV v Smith & Ors [2026] IECA 80, the Court of Appeal (Allen...

Prospective adopters’ continuing duty of full and frank disclosure: non-disclosure of relationship breakdown and safeguarding risks justifies setting aside an adoption order

Date: May 12, 2026

Prospective adopters’ continuing duty of full and frank disclosure: non-disclosure of relationship breakdown and safeguarding risks justifies setting aside an adoption order Case: M (A Child:...

Reasons and “Engagement” in Invalid Skilled Worker Switching Applications: Arguable Duty to Explain Non-Waiver and LOTR Decisions

Date: May 12, 2026

Reasons and “Engagement” in Invalid Skilled Worker Switching Applications: Arguable Duty to Explain Non-Waiver and LOTR Decisions Case: Kalidasan & Ors v Secretary of State for the Home Department...

High Threshold for Setting Aside a Will: Independent Advice, Strong-Willed Testator, and No Inference of Undue Influence from Spousal Presence

Date: May 9, 2026

High Threshold for Setting Aside a Will: Independent Advice, Strong-Willed Testator, and No Inference of Undue Influence from Spousal Presence 1) Introduction In Nadeem-Ul Casim Haq and others...

Planning Judicial Review: Standing, Pleading Specificity, and Proof in Retention/AA Screening Challenges

Date: May 9, 2026

Planning Judicial Review: Standing, Pleading Specificity, and Proof in Retention/AA Screening Challenges 1. Introduction In Duffy v An Coimisiun Pleanala (Approved) [2026] IEHC 281, the High Court...

Workability Limits on Section 28(1B) “How” Statements and a Narrow, Substance-Based View of “De-zoning” in Development Plans

Date: May 9, 2026

Workability Limits on Section 28(1B) “How” Statements and a Narrow, Substance-Based View of “De-zoning” in Development Plans Case: MKN Properties Ltd & Anor v Fingal County Council (Approved) [2026]...

European Arrest Warrant: Updated Warrants, Section 20 Clarifications, and Case-Specific Medical Assurances as a Complete Answer to Articles 2–3 Risk

Date: May 9, 2026

European Arrest Warrant: Updated Warrants, Section 20 Clarifications, and Case-Specific Medical Assurances as a Complete Answer to Articles 2–3 Risk 1) Introduction In Minister for Justice v...

[2026] NICA 20 — Fair-trial safeguards when a vulnerable defendant becomes unrepresented mid-trial

Date: May 9, 2026

Unrepresented Vulnerable Defendants Mid‑Trial: Article 6 Fairness, Bain “Ready‑Reckoner” Duties, and the Limits of Intermediary Support 1. Introduction In Rodgers, R. v (Rev2) [2026] NICA 20 (Court...

Fraudulent “Breathing Space” Moratoria as Contempt: High-Culpability Interference with Justice Warrants Immediate Custody

Date: May 9, 2026

Fraudulent “Breathing Space” Moratoria as Contempt: High-Culpability Interference with Justice Warrants Immediate Custody 1. Introduction In Mavin v Wyatt [2026] EWCA Civ 585, the Court of Appeal...

When a Contract Is “Concluded” Anew for CJJA Consumer Jurisdiction: Only Variations Creating a New Legal Relationship Qualify

Date: May 9, 2026

When a Contract Is “Concluded” Anew for CJJA Consumer Jurisdiction: Only Variations Creating a New Legal Relationship Qualify 1) Introduction Alesayi v Bank Audi SAL [2026] EWCA Civ 551 is a...

Planning Permission and “Car‑Free” Proposals: Workability and Enforceability as a Mandatory Planning Consideration

Date: May 9, 2026

Planning Permission and “Car‑Free” Proposals: Workability and Enforceability as a Mandatory Planning Consideration Case: Walsh v An Coismisiun Pleanala (Approved) | Citation: [2026] IEHC 286 | Court:...

Object Restrictions Require a Four-Part Contextual Test: No Presumption from “Hardcore” Labels in Selective Distribution

Date: May 9, 2026

Object Restrictions Require a Four-Part Contextual Test: No Presumption from “Hardcore” Labels in Selective Distribution Case: Deckers UK Ltd v Up & Running (UK) Ltd (Rev1) [2026] EWCA Civ 553 Court:...

Safety of Conviction Where (i) No Section 41 Application and (ii) Neurodivergence/Intermediary Issues: Focus on Actual Trial Impact

Date: May 9, 2026

Safety of Conviction Where (i) No Section 41 Application and (ii) Neurodivergence/Intermediary Issues: Focus on Actual Trial Impact Case: Dickens, R. v Citation: [2026] EWCA Crim 542 Court: Court of...

Mandatory interlocutory pay/reinstatement relief is unavailable where the employee resigned and the dispute is governed by statutory employment remedies

Date: May 9, 2026

Mandatory interlocutory pay/reinstatement relief is unavailable where the employee resigned and the dispute is governed by statutory employment remedies Case: Murphy v ION Trading Ireland Ltd...

Employer Liability for Unassessed Manual-Handling Tasks and “Gross Carelessness” Contributory Negligence in a Kitchen Blender Injury

Date: May 9, 2026

Employer Liability for Unassessed Manual-Handling Tasks and “Gross Carelessness” Contributory Negligence in a Kitchen Blender Injury Case: Govers v Canurie Ltd trading as McGeoughs Bar and Restaurant...

Section 12(3) HRA “More Likely Than Not” Threshold Applies to Interim Injunctions Restraining Unjustified Trade Mark Threats

Date: May 9, 2026

Section 12(3) HRA “More Likely Than Not” Threshold Applies to Interim Injunctions Restraining Unjustified Trade Mark Threats Case Bargain Busting Ltd v Shenzhen SKE Technology Co. Ltd [2026] EWCA Civ...

Extended Determinate Sentences for Repeat “Rolex”-Style Street Robberies on Licence: Disparity and Dangerousness in [2026] EWCA Crim 675

Date: May 8, 2026

Extended Determinate Sentences for Repeat “Rolex”-Style Street Robberies on Licence: Disparity and Dangerousness 1) Introduction In R v Whittingham [2026] EWCA Crim 675, the Court of Appeal (Criminal...

Bespoke Jury Directions on “Sexual” (s.78 SOA 2003) in Alleged Medically Inappropriate Intimate Examinations

Date: May 8, 2026

Bespoke Jury Directions on “Sexual” (s.78 SOA 2003) in Alleged Medically Inappropriate Intimate Examinations 1. Introduction In R v Davis [2026] EWCA Crim 671, the Court of Appeal (Criminal Division)...

Section 31 Highways Act 1981: Intermission Is Not “Interruption” and Must Be Evaluated Over the Whole 20-Year Period

Date: May 8, 2026

Section 31 Highways Act 1981: Intermission Is Not “Interruption” and Must Be Evaluated Over the Whole 20-Year Period Case: Roxlena Ltd v The Ramblers' Association & Ors, R (On the Application Of)...