periodic-inspection Case Commentaries

OLR Competence for Pre‑2006 Offending: “Case Commenced” Means Procurator Fiscal Receipt of a Prosecution Report, and Earlier Conduct May Still Prove a “Pattern of Behaviour”

Date: Aug 12, 2026

OLR Competence for Pre‑2006 Offending: “Case Commenced” Means Procurator Fiscal Receipt of a Prosecution Report, and Earlier Conduct May Still Prove a “Pattern of Behaviour” 1. Introduction In Appeal...

Unfair Dismissal and the “Curing” Effect of Internal Appeals: When an ET Need Not Spell It Out

Date: Aug 8, 2026

Unfair Dismissal and the “Curing” Effect of Internal Appeals: When an ET Need Not Spell It Out Case: Argence-Lafon v Ark Syndicate Management Ltd [2026] EWCA Civ 1039 Court: England and Wales Court...

ANPS “Material Impact” Net Zero Test Is Distinct from IEMA GHG Significance Ratings: Reliance on Jet Zero Strategy, Qualitative Non‑CO₂ EIA, and Constrained “Otherwise Agreed” DCO Requirements

Date: Aug 8, 2026

ANPS “Material Impact” Net Zero Test Is Distinct from IEMA GHG Significance Ratings: Reliance on Jet Zero Strategy, Qualitative Non‑CO₂ EIA, and Constrained “Otherwise Agreed” DCO Requirements 1)...

Section 50 Non-Refoulement: “No New Information” Is a Reviewable Material Error Where Additional Evidence Was Submitted

Date: Aug 8, 2026

Section 50 Non-Refoulement: “No New Information” Is a Reviewable Material Error Where Additional Evidence Was Submitted Case: K (Georgia)(Non-Refoulement) v Minister For Justice Home Affairs and...

Substitution of Mortgagee-Plaintiff in Summary Possession: Prima Facie Transmission of Interest Suffices; Discovery and “Notices for Particulars” Are Premature

Date: Aug 8, 2026

Substitution of Mortgagee-Plaintiff in Summary Possession: Prima Facie Transmission of Interest Suffices; Discovery and “Notices for Particulars” Are Premature 1. Introduction In Start Mortgages...

Fundamental-Process Threshold in Child Access Cases: Child’s Contemporary Views, Proper Expert Role, Effective Cross-Examination, and Avoidance of Premature Judgment

Date: Aug 8, 2026

Fundamental-Process Threshold in Child Access Cases: Child’s Contemporary Views, Proper Expert Role, Effective Cross-Examination, and Avoidance of Premature Judgment Case: M (Child Access...

Pleading and Notice of Failure to Mitigate in Garda Compensation Claims under s.23 of the 2022 Act

Date: Aug 7, 2026

Pleading and Notice of Failure to Mitigate in Garda Compensation Claims under s.23 of the 2022 Act 1. Introduction Gray v Commissioner Of An Garda Siochana (Approved) [2026] IEHC 557 is a High Court...

Article 40 Is Not the Remedy for Bail-Hearing Non-Representation Arising from Solicitors’ Fee-Driven Non-Attendance: Recourse Lies to High Court Bail Review

Date: Aug 7, 2026

Article 40 Is Not the Remedy for Bail-Hearing Non-Representation Arising from Solicitors’ Fee-Driven Non-Attendance: Recourse Lies to High Court Bail Review 1. Introduction In Kiely v The Governor Of...

Fresh mitigation on appeal: suspending an otherwise proper immediate custodial sentence where new evidence shows stark harm to dependent children

Date: Aug 7, 2026

Fresh mitigation on appeal: suspending an otherwise proper immediate custodial sentence where new evidence shows stark harm to dependent children 1. Introduction In R v TIR [2026] EWCA Crim 1106, the...

Public Justice, Adequate Reasons on Internal Appeal, and No Free-Standing ECHR Damages Where Nominate Torts Provide a Complete Remedy

Date: Aug 6, 2026

Public Justice, Adequate Reasons on Internal Appeal, and No Free-Standing ECHR Damages Where Nominate Torts Provide a Complete Remedy 1) Introduction In Walsh v The Legal Aid Board [2026] IEHC 571,...

Delusions May Have a Foothold in Reality: When Later Re-diagnosis Does Not Undermine a 1998 Hospital Order

Date: Aug 6, 2026

Delusions May Have a Foothold in Reality: When Later Re-diagnosis Does Not Undermine a 1998 Hospital Order Court: Appeal Court, High Court of Justiciary Citation: [2026] HCJAC 34 (HCA/2025/13/XM)...

Article 40 Habeas Corpus Is Not the Remedy Where Unrepresented Bail Detention Results from a Deliberate Choice Not to Act: Ennis v Governor of Cloverhill Prison [2026] IEHC 575

Date: Aug 6, 2026

Article 40 Habeas Corpus Is Not the Remedy Where Unrepresented Bail Detention Results from a Deliberate Choice Not to Act Introduction In Ennis v The Governor Of Cloverhill Prison [2026] IEHC 575,...

Totality and “Uplift” on a Lead Controlling/Coercive Behaviour Sentence Despite Concurrent Terms

Date: Aug 6, 2026

Totality and “Uplift” on a Lead Controlling/Coercive Behaviour Sentence Despite Concurrent Terms Introduction In Rex v Procyk [2026] EWCA Crim 1104, the Court of Appeal (Criminal Division) (Lady...

Litigation Misconduct in Divorce Maintenance Variation: Doctored Documents and False Evidence as a Basis for Lump-Sum “Proper Provision”

Date: Aug 5, 2026

Litigation Misconduct in Divorce Maintenance Variation: Doctored Documents and False Evidence as a Basis for Lump-Sum “Proper Provision” 1. Introduction C v R (Approved) [2026] IEHC 581 is a High...

[2026] HCJAC 31 — Changing Histories as Circumstantial Evidence and Judicial Summaries of Complex Medical Proof

Date: Aug 5, 2026

Changing Caregiver Histories as Circumstantial Evidence (and the Permissible Judicial “Distillation” of Complex Medical Proof) 1. Introduction In AA v His Majesty’s Advocate [2026] HCJAC 31 (Appeal...

Extraordinary Delay Without Explanation Defeats an Extension of Time; Meritless Renewed Applications May Attract a Loss of Time Direction

Date: Aug 5, 2026

Extraordinary Delay Without Explanation Defeats an Extension of Time; Meritless Renewed Applications May Attract a Loss of Time Direction Case O'Brien, R. v [2026] EWCA Crim 1098 Court England and...

Assisting an Offender in a Murder: High-Level Assistance, Broad “Interests of Justice”, and the Limited Consequence of Sentencing Transparency Errors

Date: Aug 5, 2026

Assisting an Offender in a Murder: High-Level Assistance, Broad “Interests of Justice”, and the Limited Consequence of Sentencing Transparency Errors 1. Introduction In McCook & Anor, R. v [2026]...

Judicial Review and s.91(14) Children Act: No obligation to issue barred applications; Administrative Court intervenes only for exceptional denial of justice

Date: Aug 5, 2026

Judicial Review and s.91(14) Children Act: No obligation to issue barred applications; Administrative Court intervenes only for exceptional denial of justice 1. Introduction In LAU, R (On the...

Guilty Plea Appeals: Delay, “Fresh Evidence”, and the High Bar for Vacating Pleas

Date: Aug 5, 2026

Guilty Plea Appeals: Delay, “Fresh Evidence”, and the High Bar for Vacating Pleas Case: Dookhun, R. v Neutral citation: [2026] EWCA Crim 1099 Court: England and Wales Court of Appeal (Criminal...

Section 7 Judicial Factors Act 1849: “Expedient” (Not “Necessary”) as the Threshold for Special Powers to Sell and Wind Up a Trust amid Trustee Deadlock

Date: Aug 5, 2026

Section 7 Judicial Factors Act 1849: “Expedient” (Not “Necessary”) as the Threshold for Special Powers to Sell and Wind Up a Trust amid Trustee Deadlock 1) Introduction In Alexander Lamb for Special...