periodic-inspection Case Commentaries

Procedural Rigour in the FtT: Parties Must Identify the “Principal Controversial Issues” (Endorsing Lata; Narrowing “Serious Injustice” Escape)

Date: Apr 3, 2026

Procedural Rigour in the FtT: Parties Must Identify the “Principal Controversial Issues” (Endorsing Lata; Narrowing “Serious Injustice” Escape) Case: AL v Secretary of State for the Home Department...

Dillon v Connolly [No.2] — Executor’s Costs Recoverable from a Beneficiary’s Share Where Unfounded Fraud Allegations and Obstruction Necessitate Court Approval of Accounts

Date: Apr 3, 2026

Executor’s Costs Recoverable from a Beneficiary’s Share Where Unfounded Fraud Allegations and Obstruction Necessitate Court Approval of Accounts Case: Dillon v Connolly [No.2] (Approved) [2026] IEHC...

Companies Cannot Invoke the Residential Occupier Exception under the Construction Contracts Act 2013

Date: Apr 3, 2026

Companies Cannot Invoke the Residential Occupier Exception under the Construction Contracts Act 2013 Case: BMC Renovation Ltd v Gael Property Investments Ltd (Approved) [2026] IEHC 195 Court: High...

EU Directives and Irish-Language Trial Rights: Proper Parties and Limits on “Official Translation” Relief in Judicial Review

Date: Apr 3, 2026

EU Directives and Irish-Language Trial Rights: Proper Parties and Limits on “Official Translation” Relief in Judicial Review 1) Introduction In O Cadhla v An tAire Dli Agus Cirt Agus Comhionannais...

Regulated Grid-Connection MEC Bonds: Not Penalties, and No Unfair Discrimination Absent True Comparators

Date: Apr 3, 2026

Regulated Grid-Connection MEC Bonds: Not Penalties, and No Unfair Discrimination Absent True Comparators Case: Liberty Insurance Ltd and Anor v EirGrid PLC (Approved) [2026] IEHC 210 Court: High...

Judicial Review Is Not a Second Chance: Unraised Climate/EIA Methodology Objections Will Not Quash Planning Permission; s.15 “Consistency” Operates as a Spectrum and EU Taxonomy Does Not Rewrite Planning “Sustainability”

Date: Apr 2, 2026

Judicial Review Is Not a Second Chance: Unraised Climate/EIA Methodology Objections Will Not Quash Planning Permission; s.15 “Consistency” Operates as a Spectrum and EU Taxonomy Does Not Rewrite...

Fraud Sentencing: Misrepresented Mooring Rights, “Nil Value” Assets, and Totality for Bail Offending

Date: Apr 2, 2026

Fraud Sentencing: Misrepresented Mooring Rights, “Nil Value” Assets, and Totality for Bail Offending Case: Djurberg, R. v Neutral citation: [2026] EWCA Crim 566 Court: England and Wales Court of...

Immediate custody for repeated perverting-the-course-of-justice offending causing wrongful detention: high appellate restraint on suspension decisions

Date: Apr 2, 2026

Immediate custody for repeated perverting-the-course-of-justice offending causing wrongful detention: high appellate restraint on suspension decisions Case: Taylor, R. v Neutral citation: [2026] EWCA...

Vulnerability in fraud sentencing is assessed in both culpability and harm; prior similar convictions aggravate; unrelated drug and fraud offences ordinarily require consecutive terms

Date: Apr 2, 2026

Vulnerability in Fraud Sentencing Counts for Both Culpability and Harm; Prior Similar Convictions Aggravate; Unrelated Drug and Fraud Offences Ordinarily Require Consecutive Terms Court: England and...

Indefinite Sexual Harm Prevention Orders Are Not a Default: Reasons and Proportionality Required, Distinct from Sex Offender Notification Duration

Date: Apr 2, 2026

Indefinite Sexual Harm Prevention Orders Are Not a Default: Reasons and Proportionality Required, Distinct from Sex Offender Notification Duration Case: R v Broadstock [2026] EWCA Crim 555 (CA (Crim...

Telecoms Masts, “Urban Development” and Finality in Planning JR: Leave to Appeal Refused Absent a Pleaded, Truly Doubtful EU-Law Point

Date: Apr 2, 2026

Telecoms Masts, “Urban Development” and Finality in Planning JR: Leave to Appeal Refused Absent a Pleaded, Truly Doubtful EU-Law Point 1) Introduction McGowan and Anor v An Coimisiun Pleanala and Ors...

EIA “Urban Development” as an Evaluative EU-Law Standard (Not a Vehicle to Capture Unlisted Projects): Refusing Leave to Appeal Based on Abstract, “Roving” Questions

Date: Apr 2, 2026

EIA “Urban Development” as an Evaluative EU-Law Standard (Not a Vehicle to Capture Unlisted Projects): Refusing Leave to Appeal Based on Abstract, “Roving” Questions 1. Introduction Doyle v An...

R v Westlake [2026] EWCA Crim 471 — Extended Sentence Required Where Dangerousness and Persistent Sexual Offending Outweigh a Purely Determinate Approach

Date: Apr 2, 2026

Extended Sentence Required Where Dangerousness and Persistent Sexual Offending Outweigh a Purely Determinate Approach Case: Westlake, R. v Neutral citation: [2026] EWCA Crim 471 (CACD) Date: 1 April...

Totality Limits Custody for “Contempt in the Face of the Court” Following Sentencing

Date: Apr 1, 2026

Totality Limits Custody for “Contempt in the Face of the Court” Following Sentencing Introduction In R v Welsh [2026] EWCA Crim 466, the Court of Appeal (Criminal Division) (Holgate LJ, O’Farrell J...

Order 122, rule 11: Four+ years of inactivity in summary debt proceedings warrants dismissal absent compelling justification (and post‑motion delay is not counted)

Date: Apr 1, 2026

Order 122, rule 11: Four+ years of inactivity in summary debt proceedings warrants dismissal absent compelling justification (and post‑motion delay is not counted) Case: Everyday Finance Designated...

Riot-Context Burglary: Immediate Custody May Outweigh Strong Mental-Health Mitigation When Considering Suspension

Date: Apr 1, 2026

Riot-Context Burglary: Immediate Custody May Outweigh Strong Mental-Health Mitigation When Considering Suspension Case: Fairfield, R. v Neutral citation: [2026] EWCA Crim 567 Court: Court of Appeal...

Section 36 “Unduly Lenient” Correction Where the Error Lies in Failing to Impose an Extended Sentence for Dangerousness

Date: Apr 1, 2026

Section 36 “Unduly Lenient” Correction Where the Error Lies in Failing to Impose an Extended Sentence for Dangerousness Case: Wheatley-Taylor, R. v Neutral citation: [2026] EWCA Crim 446 Court: Court...

Unrepresented Defendants, Section 36 Advocates, and Section 23 Fresh Evidence: When Procedural Complaints Do Not Render Convictions Unsafe

Date: Apr 1, 2026

Unrepresented Defendants, Section 36 Advocates, and Section 23 Fresh Evidence: When Procedural Complaints Do Not Render Convictions Unsafe Court: England and Wales Court of Appeal (Criminal Division)...

“Particularly Serious” Multiple Sexual Offending Justifies a Notional Determinate Term Above 30 Years When Setting Life Minimum Terms

Date: Apr 1, 2026

“Particularly Serious” Multiple Sexual Offending Justifies a Notional Determinate Term Above 30 Years When Setting Life Minimum Terms 1) Introduction In R v Sala, R. [2026] EWCA Crim 482, the Court...

Third-Party Enforcement Payments: No Discharge Without Agency, and “Return” Defeats Later Ratification

Date: Apr 1, 2026

Third-Party Enforcement Payments: No Discharge Without Agency, and “Return” Defeats Later Ratification 1. Introduction In 56 Fellows Road Ltd v ABC Block Management Ltd [2026] EWCA Civ 401, the Court...