periodic-inspection Case Commentaries

Return Ordered Despite a Near-16 Child’s Objection: Discretion Prioritises Convention Policy and Immediate Stability

Date: Feb 19, 2026

Return Ordered Despite a Near-16 Child’s Objection: Discretion Prioritises Convention Policy and Immediate Stability Case F.G. v H.I.G (child abduction, habitual residency, grave risk, child's...

Stained-Glass “Windows” as Part of the Premises: Structural Accession, the Tenant’s Threshold Burden under Deasy’s Act, and the Limits of Fact-Finding

Date: Feb 19, 2026

Stained-Glass “Windows” as Part of the Premises: Structural Accession, the Tenant’s Threshold Burden under Deasy’s Act, and the Limits of Fact-Finding Case: RGRE Grafton Limited v Bewley's Cafe...

Legislative Change, Safe-Third-Country Designation, and Mootness: When Repeal/Replacement Removes the “Live Controversy” and s.27 Interpretation Act 2005 Does Not Preserve an Appeal

Date: Feb 19, 2026

Legislative Change, Safe-Third-Country Designation, and Mootness: When Repeal/Replacement Removes the “Live Controversy” and s.27 Interpretation Act 2005 Does Not Preserve an Appeal Case: E v The...

Renewal of Summons: Solicitor Inadvertence and File-Withholding Attributed to Plaintiff (Agency), Not “Special Circumstances”

Date: Feb 19, 2026

Renewal of Summons: Solicitor Inadvertence and File-Withholding Attributed to Plaintiff (Agency), Not “Special Circumstances” Case: Maguire v PSW Sales and Logistics and Ors (Approved) [2026] IEHC 81...

Class 33(c) “Laying Out and Use of Land” Encompasses Excavation for Sports Pitches; “No Charge for Admission” Targets Entry Fees (Not Hire/Use) and Limits “Urban Development” EIA Claims in Section 5 Declarations

Date: Feb 19, 2026

Class 33(c) “Laying Out and Use of Land” Encompasses Excavation for Sports Pitches; “No Charge for Admission” Targets Entry Fees (Not Hire/Use) and Limits “Urban Development” EIA Claims in Section 5...

No “Cliff Edge” at 18: Immaturity in Young Adult Sentencing and the Illegality of Imprisonment Under 21 (DYOI Required)

Date: Feb 19, 2026

No “Cliff Edge” at 18: Immaturity in Young Adult Sentencing and the Illegality of Imprisonment Under 21 (DYOI Required) Commentary on R v Arshad [2026] EWCA Crim 296 (CA (Crim Div), 18 February 2026)...

Commercial Proprietary Estoppel in Leasing Negotiations: Clear Assurances, Context, and the Limits of Hay v. O'Grady Review

Date: Feb 19, 2026

Commercial Proprietary Estoppel in Leasing Negotiations: Clear Assurances, Context, and the Limits of Hay v. O'Grady Review 1) Introduction ACE Autobody Limited v Motorpark Limited, Brecol Limited...

“Subject to Lease” Means No Binding Lease Deal Until Execution: Limits on Part Performance, Commercial Proprietary Estoppel, and Appellate Re‑fact-finding

Date: Feb 19, 2026

“Subject to Lease” Means No Binding Lease Deal Until Execution: Limits on Part Performance, Commercial Proprietary Estoppel, and Appellate Re‑fact-finding 1) Introduction ACE Autobody Limited v...

Wind Farm EIAs: Grid Connections Require a Fact-Specific “Single Project” Evaluation (and Reasons)

Date: Feb 18, 2026

Wind Farm EIAs: Grid Connections Require a Fact-Specific “Single Project” Evaluation (and Reasons) 1. Introduction Raeshaw Farms Limited appealed under section 239 of the Town and Country Planning...

Enhanced Reasons Duty: Specific, Policy-Responsive Reasons Required When An Coimisiún Pleanála Departs from its Inspector on Height and Parking

Date: Feb 18, 2026

Enhanced Reasons Duty: Specific, Policy-Responsive Reasons Required When An Coimisiún Pleanála Departs from its Inspector on Height and Parking Case Parosi Developments Ltd v An Coimisiun Pleanala...

Section 50B Costs Protection Does Not Extend to CPO Confirmation Where Development Consent Is Already Final and the CPO Is Not Itself “Development Consent”

Date: Feb 18, 2026

Section 50B Costs Protection Does Not Extend to CPO Confirmation Where Development Consent Is Already Final and the CPO Is Not Itself “Development Consent” 1. Introduction Joyce v An Coimisiún...

NPF4 Policy 6(b)(i) “Loss of Ancient Woodland” as Loss of Woodland Land Area (Not Mere Tree Felling) and the High Threshold for Successfully Attacking Planning Officer Reports

Date: Feb 18, 2026

NPF4 Policy 6(b)(i) “Loss of Ancient Woodland” as Loss of Woodland Land Area (Not Mere Tree Felling) and the High Threshold for Successfully Attacking Planning Officer Reports Introduction Case:...

Credibility-Permeating Disputes Defeat Modular Trials; Whole-Life Damages Favoured Where Prognosis Is Firm

Date: Feb 18, 2026

Credibility-Permeating Disputes Defeat Modular Trials; Whole-Life Damages Favoured Where Prognosis Is Firm Case: McInerney [Minor] v Kildare County Council (Approved) Citation: [2026] IEHC 61 Court:...

Planning Applicants Must Proactively Address New Development Plan Objectives: s.137 Fair Procedures Relief Turns on Practical Opportunity and Prejudice

Date: Feb 18, 2026

Planning Applicants Must Proactively Address New Development Plan Objectives: s.137 Fair Procedures Relief Turns on Practical Opportunity and Prejudice Case: Garryduff Properties Ltd v An Coimisiun...

Costs in Moot Judicial Review: Ordinary-Course Statutory Action Is Not a “Unilateral Act” Attracting Costs

Date: Feb 18, 2026

Costs in Moot Judicial Review: Ordinary-Course Statutory Action Is Not a “Unilateral Act” Attracting Costs Case: SM and Anor v Dublin City Council (Approved) [2026] IEHC 73 Court: High Court...

Section 55 BCIA 2009 claims must identify the impugned decision: process duty, not substantive outcome

Date: Feb 18, 2026

Section 55 BCIA 2009 Claims Must Identify the Impugned Decision: The Duty Is Procedural and Relief Must Not Predetermine the Outcome 1. Introduction This Court of Appeal judgment in Refugee And...

Discovery Must Track the Pleadings: No Discovery to Investigate Unpleaded Causes of Action (Neligan v Infrared Infrastructure VI Europe Ltd)

Date: Feb 18, 2026

Discovery Must Track the Pleadings: No Discovery to Investigate Unpleaded Causes of Action 1. Introduction Neligan and Ors v Infrared Infrastructure VI Europe Ltd and Anor [2026] IEHC 83 is a High...

Unless Orders in E-Disclosure: “Instruct” Means Instruct (Not Guarantee the Outcome) and Strike-Out Requires Considering a Further Unless Order

Date: Feb 18, 2026

Unless Orders in E-Disclosure: “Instruct” Means Instruct (Not Guarantee the Outcome) and Strike-Out Requires Considering a Further Unless Order 1. Introduction Midland Premier Properties Ltd & Anor v...

James v HSBC: When “Enough to Plead Fraud” Starts the s.32 Clock, and When the AIC/Barrell Jurisdiction Will Not Re-open a Strike-Out

Date: Feb 18, 2026

James v HSBC: When “Enough to Plead Fraud” Starts the s.32 Clock, and When the AIC/Barrell Jurisdiction Will Not Re-open a Strike-Out 1. Introduction James & Anor v HSBC UK Bank PLC (Rev1) [2026]...

Contextual Interpretation of Ex Tempore Circuit Court Rulings: No Quashing Where an Error on Admissibility Did Not Affect the Outcome

Date: Feb 18, 2026

Contextual Interpretation of Ex Tempore Circuit Court Rulings: No Quashing Where an Error on Admissibility Did Not Affect the Outcome 1) Introduction Conway v Director Of Public Prosecutions...