periodic-inspection Case Commentaries

Costs Adjudication Reviews: “Error + Unjust” Threshold, Non-Formulaic Reasons, and Comparators as Residual Sense-Check

Date: May 2, 2026

Costs Adjudication Reviews: “Error + Unjust” Threshold, Non-Formulaic Reasons, and Comparators as Residual Sense-Check Case: BC [A Minor] v Health Service Executive (Approved) [2026] IEHC 283 Court:...

Cancellation of a Registered Charge Under Land Registry Rule 101 Requires the Registered Owner’s Concurrence (and Any Fair-Procedures Complaint May Be Neutralised by a De Novo Statutory Appeal)

Date: May 2, 2026

Cancellation of a Registered Charge Under Land Registry Rule 101 Requires the Registered Owner’s Concurrence (and Any Fair-Procedures Complaint May Be Neutralised by a De Novo Statutory Appeal) Case:...

Extensions of Time to Appeal: “Operative Mistake” and Arguable Grounds Required Where a Registered Purchaser’s Title Is Protected by Statutory Mortgagee-Sale Provisions

Date: May 2, 2026

Extensions of Time to Appeal: “Operative Mistake” and Arguable Grounds Required Where a Registered Purchaser’s Title Is Protected by Statutory Mortgagee-Sale Provisions Case: Regan v Heffernan...

Interlocutory Mandatory Injunctions and “Keep Open” Clauses: No Compulsion to Trade at a Loss Absent Exceptional Circumstances

Date: May 2, 2026

Interlocutory Mandatory Injunctions and “Keep Open” Clauses: No Compulsion to Trade at a Loss Absent Exceptional Circumstances 1) Introduction In Tesco Ireland Ltd v Multi-Home Retail Ltd [Trading as...

Mandatory Section 325 Sentencing Act 2020 Credit Declarations for Qualifying Curfew on Activation of Suspended Sentences (and Neutralising “Double Recovery” on Appeal)

Date: May 2, 2026

Mandatory Section 325 Sentencing Act 2020 Credit Declarations for Qualifying Curfew on Activation of Suspended Sentences (and Neutralising “Double Recovery” on Appeal) 1. Introduction In [2026] EWCA...

Subsequent Protection Applications (s. 22 IPA 2015): New Evidence Must Meaningfully Shift Prior Credibility and Risk Findings

Date: May 2, 2026

Subsequent Protection Applications (s. 22 IPA 2015): New Evidence Must Meaningfully Shift Prior Credibility and Risk Findings Case: Y.D. v The International Protection Appeals Tribunal and Ors...

Restraining Orders on Acquittal: Necessity, Future Risk, and Proper CrimPR Procedure (Not a Bargaining Chip)

Date: May 2, 2026

Restraining Orders on Acquittal: Necessity, Future Risk, and Proper CrimPR Procedure (Not a Bargaining Chip) Case: Auguste, R. v Citation: [2026] EWCA Crim 710 (CACD) Date: 1 May 2026 Judges: Holgate...

[2026] CSIH 22 — Anti-avoidance non-domestic rates: no need to quantify “open market rent” precisely where rent is nominal

Date: May 2, 2026

Nominal-rent lettings and Scotland’s 2023 NDR anti-avoidance rules: comparator evidence can satisfy “significantly below open market rent” without precise valuation Court: Scottish Court of Session,...

Child’s objections may be upheld where return to the habitual residence is inseparable from unsafe caregiving conditions, and “grave risk” is established where no protective pathway exists

Date: May 2, 2026

Child’s objections may be upheld where return to the habitual residence is inseparable from unsafe caregiving conditions, and “grave risk” is established where no protective pathway exists Case: BA v...

Notice Parties Cannot Obtain Pre‑Emptive Aarhus “Not Prohibitively Expensive” Costs Protection When Defending Conceded Planning JR Grounds

Date: May 1, 2026

Notice Parties Cannot Obtain Pre‑Emptive Aarhus “Not Prohibitively Expensive” Costs Protection When Defending Conceded Planning JR Grounds 1) Introduction Glaister and Ors v An Coimisiun Pleanala...

Cross-Examination in Moot Judicial Review: Refusal Where Sought Solely to Litigate Costs

Date: May 1, 2026

Cross-Examination in Moot Judicial Review: Refusal Where Sought Solely to Litigate Costs Court: High Court of Ireland | Judge: Ms. Justice Siobhán Phelan | Citation: [2026] IEHC 272 | Date: 30 April...

Environmental Impact Assessment Must Not Euphemise a Predicted Business Closure: Quashing a Roads Act s.51 Approval for Material Error

Date: May 1, 2026

Environmental Impact Assessment Must Not Euphemise a Predicted Business Closure: Quashing a Roads Act s.51 Approval for Material Error 1. Introduction In Lissan Coal Company [Ireland] Ltd and Anor v...

Declaratory Immigration Permissions Must Accurately Record the Accrual Date of Turkish Association Agreement Rights

Date: May 1, 2026

Declaratory Immigration Permissions Must Accurately Record the Accrual Date of Turkish Association Agreement Rights Case: Ozek v Minister For Justice, Home Affairs and Migration (Approved) [2026]...

Agwo, R. v [2026] EWCA Crim 614 — Harm Categorisation in Robbery and Re-evaluation of Dangerousness for Extended Sentences in Youthful Offenders

Date: May 1, 2026

Harm Categorisation in Robbery and Re-evaluation of Dangerousness for Extended Sentences in Youthful Offenders 1. Introduction In Agwo, R. v [2026] EWCA Crim 614, the Court of Appeal (Criminal...

CPR 52.30: Reopening a Refusal of Permission to Appeal Requires an Exceptional Process Failure and a Powerful Probability of a Different Result

Date: May 1, 2026

CPR 52.30: Reopening a Refusal of Permission to Appeal Requires an Exceptional Process Failure and a Powerful Probability of a Different Result Case: Magomedov & Ors v TPG Group Holdings (SBS) LP &...

Lease Disclaimer as a “Failure” Triggering Parent Company Guarantee Indemnity for AGA New-Lease Costs

Date: May 1, 2026

Lease Disclaimer as a “Failure” Triggering Parent Company Guarantee Indemnity for AGA New-Lease Costs Case: Kiko UK Ltd v Jamino Ltd & Anor Citation: [2026] EWCA Civ 513 Court: Court of Appeal (Civil...

Muca v El Amrani [2026] EWCA Civ 515 — Pre-Occupation Gas Safety Record as an Irremediable Condition of Section 21 Validity

Date: May 1, 2026

Pre-Occupation Gas Safety Record as an Irremediable Condition of Section 21 Validity Case: Muca v El Amrani; Harker v Hubert Citation: [2026] EWCA Civ 515; [2026] WLR(D) 250 Court: England and Wales...

No implied 15‑minute maternity triage assessment duty absent policy, and CTG negligence judged by responsible clinical interpretation of NICE 2007 guidance

Date: May 1, 2026

No implied 15‑minute maternity triage assessment duty absent policy, and CTG negligence judged by responsible clinical interpretation of NICE 2007 guidance 1. Introduction In AM against Lothian...

Sentencing cannabis “gardeners”: intermediate culpability must be weighted towards lesser role, and “scale” cannot be double-counted as aggravation

Date: May 1, 2026

Sentencing cannabis “gardeners”: intermediate culpability must be weighted towards lesser role, and “scale” cannot be double-counted as aggravation 1. Introduction In R v Serjanaj [2026] EWCA Crim...

Early Access to “Specified Information”: Constitutional and Article 8 ECHR Requirements in Garda Vetting

Date: May 1, 2026

Early Access to “Specified Information”: Constitutional and Article 8 ECHR Requirements in Garda Vetting High Court (Ireland), [2026] IEHC 261, Barr J, 30 April 2026 Proceedings: Judicial review...