periodic-inspection Case Commentaries

Refusal of European Arrest Warrant Surrender Where the Issuing State Cannot Assure Minimum 3m² Personal Space and Fails to Provide Specific Mitigation Against Overcrowding

Date: Aug 1, 2026

Refusal of European Arrest Warrant Surrender Where the Issuing State Cannot Assure Minimum 3m² Personal Space and Fails to Provide Specific Mitigation Against Overcrowding 1. Introduction The...

Appellate restraint in Article 8 “family life” findings: Upper Tribunal cannot set aside an FTT decision absent a material error of law

Date: Aug 1, 2026

Appellate restraint in Article 8 “family life” findings: Upper Tribunal cannot set aside an FTT decision absent a material error of law Case: Entry Clearance Officer v BB & Ors Citation: [2026] EWCA...

Misreading a Planning Decision Date and Relying on Mistaken Legal Advice Will Not Satisfy s.50(8): Delay Is Attributable to Applicant and Its Lawyers

Date: Aug 1, 2026

Misreading a Planning Decision Date and Relying on Mistaken Legal Advice Will Not Satisfy s.50(8): Delay Is Attributable to Applicant and Its Lawyers 1. Introduction Coumnagappul Wind Farm Ltd v An...

Judicial Review Threshold and the Scope of “Inspection” of Evidenzer Breath-Testing Apparatus

Date: Aug 1, 2026

Judicial Review Threshold and the Scope of “Inspection” of Evidenzer Breath-Testing Apparatus Case: The Director of Public Prosecutions v Flanagan (Approved) [2026] IEHC 531 Court: High Court of...

Okunade stays in EU-citizen removals: long residence and child contact will not displace the default where serious violent offending heightens the public-interest risk

Date: Aug 1, 2026

Okunade stays in EU-citizen removals: long residence and child contact will not displace the default where serious violent offending heightens the public-interest risk Case: MR v The Minister For...

Section 37(6) Leave to Appeal: A Remedial/Contingency Condition Does Not “Materially Differ” the Development

Date: Aug 1, 2026

Section 37(6) Leave to Appeal: A Remedial/Contingency Condition Does Not “Materially Differ” the Development Case: Breedon Cement Ireland Ltd v An Coimisiún Pleanála and Ors (Approved) [2026] IEHC...

Misappropriation of Client Money by Directors: Compensation Limited to Restoring the Client Money Hole, Not Trading Losses

Date: Aug 1, 2026

Misappropriation of Client Money by Directors: Compensation Limited to Restoring the Client Money Hole, Not Trading Losses 1) Introduction Next Generation Holdings Ltd & Anor v Finch & Anor [2026]...

Section 259 CPSA 1995: GP and Community Mental Health Nurse Evidence Can Suffice to Prove Witness “Unfit” Despite Special Measures

Date: Aug 1, 2026

Section 259 CPSA 1995: GP and Community Mental Health Nurse Evidence Can Suffice to Prove Witness “Unfit” Despite Special Measures 1. Introduction In [2026] HCJAC 33 (an opinion superseding [2026]...

Endorsement-Sheet Signatures and “Foot or End”: Valid Execution of Pre-Printed Wills under s.78 Succession Act 1965

Date: Aug 1, 2026

Endorsement-Sheet Signatures and “Foot or End”: Valid Execution of Pre-Printed Wills under s.78 Succession Act 1965 1) Introduction In The estate of Catherine Rigney Deceased, Re [2026] IEHC 582, the...

Fraudulent Inducement to Forbear: Damage Occurs Where the Debt Should Have Been Paid (Service Out under PD 6B)

Date: Aug 1, 2026

Fraudulent Inducement to Forbear: Damage Occurs Where the Debt Should Have Been Paid (Service Out under PD 6B) Case: Sucden Financial Ltd v TMT Metals AG & Ors [2026] EWCA Civ 986 Court: Court of...

Technical Contempt for Breach of Special Care Orders and the McD Discretionary Framework

Date: Aug 1, 2026

Technical Contempt for Breach of Special Care Orders and the McD Discretionary Framework 1) Introduction In LN (A Minor Suing By His Mother And Next Friend H) v Child And Family Agency and Ors; CN (A...

Exhaustion of Regulation 33 Garda Discipline Appeals Before Judicial Review: Leave May Be Set Aside Where No “Fundamental Denial of Justice” Is Arguable

Date: Aug 1, 2026

Exhaustion of Regulation 33 Garda Discipline Appeals Before Judicial Review: Leave May Be Set Aside Where No “Fundamental Denial of Justice” Is Arguable 1) Introduction Mulligan v Commissioner Of An...

CPR 27.14(2)(g) in Small Claims: Costs Neutrality, Narrow “Unreasonable Behaviour”, and No Denton-Style Gloss

Date: Aug 1, 2026

CPR 27.14(2)(g) in Small Claims: Costs Neutrality, Narrow “Unreasonable Behaviour”, and No Denton-Style Gloss 1. Introduction Orton v Barclays Bank UK Plc [2026] EWCA Civ 1025 is a Court of Appeal...

Improper-purpose “loan-to-own” appointments: out-of-court administrators may be void ab initio

Date: Aug 1, 2026

Improper-purpose “loan-to-own” appointments: out-of-court administrators may be void ab initio 1) Introduction Case: Glint Pay Ltd & Ors v Baker & Anor [2026] EWCA Civ 1023 (Arnold LJ, Falk LJ,...

Live-Link Trials for High-Risk Defendants: No “Exceptional Circumstances” Threshold Under s.51 CJA 2003 Where Interests of Justice and Effective Participation Are Met

Date: Aug 1, 2026

Live-Link Trials for High-Risk Defendants: No “Exceptional Circumstances” Threshold Under s.51 CJA 2003 Where Interests of Justice and Effective Participation Are Met Case: Kelenda v R Neutral...

Medium Risk Can Still Require an OLR Where Risk Criteria Are Met and Long-Term Supervision Is Unavailable

Date: Aug 1, 2026

Medium Risk Can Still Require an OLR Where Risk Criteria Are Met and Long-Term Supervision Is Unavailable 1. Introduction In Appeal against Sentence by Curtis Lee Ross against His Majesty's Advocate...

Interlocutory restraint of statutory property arbitration requires pleaded substantive relief; no parallel inherent power to modify restrictive covenants beyond s.50 LCLRA 2009

Date: Aug 1, 2026

Interlocutory Restraint of Statutory Property Arbitration Requires Pleaded Substantive Relief; No Parallel Inherent/“Common Law” Power to Modify Restrictive Covenants Outside s.50 LCLRA 2009 1)...

Fraud “Adoption” by an Innocent Co-Defendant: Setting Aside a Judgment Where a Party Rode the Fraudster’s Common Cause

Date: Aug 1, 2026

Fraud “Adoption” by an Innocent Co-Defendant: Setting Aside a Judgment Where a Party Rode the Fraudster’s Common Cause 1) Introduction Estate of Euan McIntyre Lindsay & Anor v Outlook Finance Ltd &...

Abuse of Process in EAW Surrender: Mistaken “Fugitive” In-Absentia Conviction Does Not Bar Surrender Where s.45 Retrial Assurance Is Given

Date: Aug 1, 2026

Abuse of Process in EAW Surrender: Mistaken “Fugitive” In-Absentia Conviction Does Not Bar Surrender Where s.45 Retrial Assurance Is Given 1. Introduction In Minister For Justice v Balogova [No. 4]...

Predominant Racial Motivation Justifies a Strong Uplift and Consecutive Sentences Survive Totality Review

Date: Aug 1, 2026

Predominant Racial Motivation Justifies a Strong Uplift and Consecutive Sentences Survive Totality Review 1. Introduction In R v Sutcliffe [2026] EWCA Crim 1146, the Court of Appeal (Criminal...