periodic-inspection Case Commentaries

CPR 52.30 Reopening is Exceptional: Later Authority is Not Enough, and “Reason Why” Findings Remain for the ET

Date: Mar 16, 2026

CPR 52.30 Reopening is Exceptional: Later Authority is Not Enough, and “Reason Why” Findings Remain for the ET 1. Introduction Omooba v Michael Garrett Associates Ltd (t/a Global Artists) & Anor...

K1 v B (No. 2) [2026] EWCA Civ 261 — Commentary

Date: Mar 16, 2026

Section 68(4) as a One‑Tier “Gatekeeper”: The Court of Appeal Has No Permission Jurisdiction Where the High Court Refuses Section 68 Relief on the Merits 1) Introduction K1 v B (No. 2) concerns an...

s.187B TCPA Injunctions: Courts May Assume (Not Decide) Breach, Treat Protest/Public Order as Non-planning Harm, and Award Separate Costs to a Joined SSHD Where a Distinct Statutory Interest Requires Separate Representation

Date: Mar 16, 2026

s.187B TCPA Injunctions: Courts May Assume (Not Decide) Breach, Treat Protest/Public Order as Non-planning Harm, and Award Separate Costs to a Joined SSHD Where a Distinct Statutory Interest Requires...

Custody as a Precondition to Accelerated Release Applications under the 1998 Act, and Quashing Unlawful Release Despite Delay

Date: Mar 14, 2026

Custody as a Precondition to Accelerated Release Applications under the 1998 Act, and Quashing Unlawful Release Despite Delay 1. Introduction This Court of Appeal in Northern Ireland decision...

Third-Party Costs: s.17 Courts Act 1981 Inapplicable, but Circuit-Scale and “Differential” Costs Orders May Be Made by Analogy under s.168 LSRA 2015

Date: Mar 14, 2026

Third-Party Costs: s.17 Courts Act 1981 Inapplicable, but Circuit-Scale and “Differential” Costs Orders May Be Made by Analogy under s.168 Legal Services Regulation Act 2015 1. Introduction Ashdrum...

R v Qasem [2026] EWCA Crim 474 — Appellate restraint on sentencing fact-finding that a murder offender brought a knife to the scene

Date: Mar 14, 2026

Appellate restraint in sentence appeals: upholding a trial judge’s finding (to the criminal standard) that the offender brought a knife to the scene of a murder Case: R v Qasem Neutral citation:...

Costs in Judicial Review: Relitigation and Post‑Judgment Developments Do Not Displace the “Costs Follow the Event” Presumption

Date: Mar 14, 2026

Costs in Judicial Review: Relitigation and Post‑Judgment Developments Do Not Displace the “Costs Follow the Event” Presumption 1) Introduction In Kearney v An Taoiseach and Ors (Approved) [2026] IEHC...

Unequivocal Guilty Pleas to Robbery Remain Safe Where the Defendant Overrode Advice and the Conduct Likely Amounted to Intimidatory Threat

Date: Mar 14, 2026

Unequivocal Guilty Pleas to Robbery Remain Safe Where the Defendant Overrode Advice and the Conduct Likely Amounted to Intimidatory Threat Case: R v Naaim Neutral citation: [2026] EWCA Crim 470...

Historic Sexual Offence Appeals: Conventional Directions, Intermediary Safeguards, and Tactical Defence Choices Rarely Render Convictions Unsafe

Date: Mar 14, 2026

Historic Sexual Offence Appeals: Conventional Directions, Intermediary Safeguards, and Tactical Defence Choices Rarely Render Convictions Unsafe Court: England and Wales Court of Appeal (Criminal...

Recreational Bouldering Facilities Owe No General Duty to Train or Supervise Competent Adults in Respect of Obvious Inherent Risks

Date: Mar 14, 2026

Recreational Bouldering Facilities Owe No General Duty to Train or Supervise Competent Adults in Respect of Obvious Inherent Risks 1. Introduction Yates v Dublin Bouldering Gym Ltd and Anor [2026]...

H (Children: Expertise of Witness) — Challenges to Expert Competence in Children Cases Should Normally Be Brought by Family Court Application, Not Appeal

Date: Mar 13, 2026

H (Children: Expertise of Witness): Post‑order Challenges to an Expert’s Competence in Children Proceedings Should Normally Be Brought in the Family Court (Not by Appeal), and “Bright Lines” Between...

Judicial Review Competency for Council “Well-being” Funding Decisions and the Sufficiency of Officer Reports Summarising Legal Risk

Date: Mar 13, 2026

Judicial Review Competency for Council “Well-being” Funding Decisions and the Sufficiency of Officer Reports Summarising Legal Risk 1. Introduction Petition of Allanvale Homes (Prestwick) for...

“Public engagement” is not consultation: interpreting local-authority resolutions and staged Traffic Regulation Orders under the Road Traffic Regulation Act 1984

Date: Mar 13, 2026

“Public engagement” is not consultation: interpreting local-authority resolutions and staged Traffic Regulation Orders under the Road Traffic Regulation Act 1984 1. Introduction A & E Baines v The...

Reason-Giving When Ministers Depart from Inquiry Reporters’ Recommendations in Section 37 Electricity Act Decisions

Date: Mar 13, 2026

Reason-Giving When Ministers Depart from Inquiry Reporters’ Recommendations in Section 37 Electricity Act Decisions 1. Introduction Petition of Galloway Without Pylons for Judicial Review [2026] CSOH...

Section 1259 CTA 2009: Notional Company Must Inherit LLP Ownership/Control for Part 8 “Related Party” Gateway (and FA 2016 s 52 Applies by Accounting Period, with Drafting Error Curable under Inco Europe)

Date: Mar 13, 2026

Section 1259 CTA 2009: Notional Company Must Inherit LLP Ownership/Control for Part 8 “Related Party” Gateway (and FA 2016 s 52 Applies by Accounting Period, with Drafting Error Curable under Inco...

COLREGs Rule 14 Clarified: No Fixed 3°/6° “Geometric” Test, “and/or” Is Disjunctive, and a Head‑On Classification Persists Until Collision Risk Passes

Date: Mar 13, 2026

COLREGs Rule 14 Clarified: No Fixed 3°/6° “Geometric” Test, “and/or” Is Disjunctive, and a Head‑On Classification Persists Until Collision Risk Passes 1) Introduction Case: Monford Management Ltd v...

R v IGG [2026] EWCA Crim 419: Neurodiversity, Expert Evidence and “More Onerous Custody” in Unlawful Act Manslaughter Sentencing

Date: Mar 13, 2026

Neurodiversity, Expert Evidence and “More Onerous Custody”: Limits on Culpability Reduction in Unlawful Act Manslaughter Sentencing 1. Introduction R v IGG ([2026] EWCA Crim 419, CA (Crim Div), 12...

No Case to Answer in a Domestic Homicide: “Reasonable Jury Could Infer Guilt” and Bad Character as Context, Not Substitute

Date: Mar 13, 2026

No Case to Answer in a Domestic Homicide: “Reasonable Jury Could Infer Guilt” and Bad Character as Context, Not Substitute 1. Introduction In R. v Morgan [2026] EWCA Crim 472, the Court of Appeal...

Postal Service and Signature Requirements for Valid Notices of Termination under the Residential Tenancies Act 2004

Date: Mar 13, 2026

Postal Service and Signature Requirements for Valid Notices of Termination under the Residential Tenancies Act 2004 1. Introduction In Argutinski v Residential Tenancies Board (Approved) [2026] IEHC...

Managed Discharge in Child Mental Health Detention: District Court Power to Adjourn/Stay Discharge Under s.25 Mental Health Act 2001 to Prevent Inappropriate Release

Date: Mar 13, 2026

Managed Discharge in Child Mental Health Detention: District Court Power to Adjourn/Stay Discharge Under s.25 Mental Health Act 2001 to Prevent Inappropriate Release Case: Health Service Executive v...