periodic-inspection Case Commentaries

GDPR Cannot Be Weaponised to Derail Conveyancing: Solicitors’ Routine Processing is Lawful Under Article 6 and Collateral Attacks Are Strike-Out Abuses

Date: Feb 18, 2026

GDPR Cannot Be Weaponised to Derail Conveyancing: Solicitors’ Routine Processing is Lawful Under Article 6 and Collateral Attacks Are Strike-Out Abuses 1. Introduction Burns v John J. Quinn and Co....

Assignee Substitution on De Novo Circuit Appeals: Current Entitlement Must Be Proved; Substitution (Not Joinder) Is the Default Absent a Non‑Assignable Counterclaim

Date: Feb 18, 2026

Assignee Substitution on De Novo Circuit Appeals: Current Entitlement Must Be Proved; Substitution (Not Joinder) Is the Default Absent a Non‑Assignable Counterclaim Case: Bank Of Ireland Mortgage...

Hostility under Sentencing Act 2020 s.66 and Sentencing Guidelines: Avoiding Double Counting Where Hostility Is Integral to Culpability

Date: Feb 18, 2026

Hostility under Sentencing Act 2020 s.66 and Sentencing Guidelines: Avoiding Double Counting Where Hostility Is Integral to Culpability 1. Introduction Omar, R. v ([2026] EWCA Crim 92) concerns a...

R v NFL: “Very Significant Force” in Child Cruelty Sentencing Turns on Infant Vulnerability and the Nature of Force; “Deliberate Disregard” Must Be a Separate Feature to Escalate Culpability

Date: Feb 18, 2026

R v NFL: “Very Significant Force” in Child Cruelty Sentencing Turns on Infant Vulnerability and the Nature of Force; “Deliberate Disregard” Must Be a Separate Feature to Escalate Culpability 1....

Primacy of Compliance with Consent Court Orders: Mandatory Injunction Compelling Execution Despite Unilateral Mistake

Date: Feb 18, 2026

Primacy of Compliance with Consent Court Orders: Mandatory Injunction Compelling Execution Despite Unilateral Mistake 1) Introduction Moloney v Sheehy ([2026] IEHC 91) concerns an urgent High Court...

Section 75 Children Act 2001: “Aged-Out” Accused Have No Constitutional Entitlement to Child-Only Summary Jurisdiction

Date: Feb 17, 2026

Section 75 Children Act 2001: “Aged-Out” Accused Have No Constitutional Entitlement to Child-Only Summary Jurisdiction 1) Introduction In Brophy-v-The Director of Public Prosecutions, Ireland, and...

Article 40.1 Requires Children Act 2001 s. 75 Protections to Extend to “Aged-Out” Minors Where Venue Choice Affects Sentencing Exposure

Date: Feb 17, 2026

Article 40.1 Requires Children Act 2001 s. 75 Protections to Extend to “Aged-Out” Minors Where Venue Choice Affects Sentencing Exposure 1. Introduction Brophy v The Director of Public Prosecutions,...

Riberio, R. v — Totality Cannot Be Used to Correct an Allegedly “Unduly Lenient” Earlier Sentence Absent a s.36 Reference

Date: Feb 17, 2026

Totality Cannot Be Used to Correct an Allegedly “Unduly Lenient” Earlier Sentence Absent a s.36 Reference 1. Introduction Riberio, R. v ([2026] EWCA Crim 87) concerns the correct application of the...

Functional “Institution” Test under s.49(1) of the Mother and Baby Institutions Payment Scheme Act 2023: multi-facility purpose, not single-site maternity services

Date: Feb 17, 2026

Functional “Institution” Test under s.49(1) of the Mother and Baby Institutions Payment Scheme Act 2023: multi-facility purpose, not single-site maternity services Case: Kiernan [Otherwise John...

Schedules of Findings in Public Law Must Match the Judgment: Fairness Limits on “Off‑Piste” Pool Findings

Date: Feb 14, 2026

Schedules of Findings in Public Law Must Match the Judgment: Fairness Limits on “Off‑Piste” Pool Findings 1) Introduction S, Re (Care and Placement: Schedule of Findings of Fact) [2026] EWCA Civ 85...

ABB v SSHD: Full Costs Where the Claimant Gets the Visa—Even “Outside the Rules”

Date: Feb 14, 2026

“Wholly Successful Means Full Costs”: Where Settlement Delivers the Practical Remedy, Costs Follow—Even if Relief Is Granted “Outside the Rules” and Without Conceding Unlawfulness 1. Introduction In...

MN v NHS Foundation Trust L [2026] EWCA Civ 71 — Commentary

Date: Feb 14, 2026

Contractual Enforcement of MHPS-Consistent Policies: “Medical Director Will Act” as Non‑Delegable Case Manager for Consultant Investigations (Absent Exceptional Circumstances) 1. Introduction MN v...

Lukaszewicz, R. v: Category 3 Harm at the Top End Can Still Justify a Sentence Above the Category 3C Guideline Range

Date: Feb 14, 2026

Category 3 Harm at the Top End Can Still Justify a Sentence Above the Category 3C Guideline Range (Unlawful Wounding) 1. Introduction Lukaszewicz, R. v ([2026] EWCA Crim 225) concerned an appeal...

Assessment of Damages Under the 2021 Personal Injuries Guidelines: Dominant-Injury Proportionality and Partial Recovery of Unpleaded Therapeutic Costs

Date: Feb 14, 2026

Assessment of Damages Under the 2021 Personal Injuries Guidelines: Dominant-Injury Proportionality and Partial Recovery of Unpleaded Therapeutic Costs Case: Shortt v Leonard and Anor (Approved)...

Non-disclosure of internal credit-committee material is not, without more, a misrepresentation vitiating a conditional consent-to-judgment settlement

Date: Feb 14, 2026

Non-disclosure of internal credit-committee material is not, without more, a misrepresentation vitiating a conditional consent-to-judgment settlement CourtHigh Court of Ireland Citation[2026] IEHC 82...

Opportunistic Rape and the “Significant Degree of Planning” Threshold: Reclassification from Category 1A to Category 1B

Date: Feb 14, 2026

Opportunistic Rape and the “Significant Degree of Planning” Threshold: Reclassification from Category 1A to Category 1B 1. Introduction Jancevskis, R. v concerns an appeal against sentence following...

Extended Sentences Must Not Exceed the Offence Maximum: Correcting an Unlawful Section 20 GBH Extension

Date: Feb 14, 2026

Extended Sentences Must Not Exceed the Offence Maximum: Correcting an Unlawful Section 20 GBH Extension 1) Introduction R v Walker ([2026] EWCA Crim 226) concerns a sentencing error where the Crown...

McCann, R. v [2026] EWCA Crim 245 — Preventing Double Counting Where Dangerous Driving Is the Mechanism of Affray, and Ensuring Proper Recording of YOI Sentences and Extended-Test Disqualifications

Date: Feb 14, 2026

Preventing Double Counting Where Dangerous Driving Is the Mechanism of Affray, and Ensuring Proper Recording of YOI Sentences and Extended-Test Disqualifications 1) Introduction McCann, R. v [2026]...

Substitute Consent for Life-Saving Transfusion for a 16-Year-Old: AHDs Inoperative Under 18 and JJ “Parental Failure” Threshold Applied to Refusal of Treatment

Date: Feb 14, 2026

Substitute Consent for Life-Saving Transfusion for a 16-Year-Old: AHDs Inoperative Under 18 and JJ “Parental Failure” Threshold Applied to Refusal of Treatment 1. Introduction This ex tempore ruling...

[2026] IEHC 147 — Jurisdiction, Guardianship and Habitual Residence

Date: Feb 13, 2026

Prospective Effect of s.6A Guardianship Orders and Loss of Irish Parental-Responsibility Jurisdiction Once Habitual Residence Has Shifted (with Inherent-Jurisdiction Declarations to Facilitate...