periodic-inspection Case Commentaries

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...

Structured Totality in Child Homicide Sentencing: Avoiding Double Counting and Adjusting Guideline Starting Points to Historic Maximums

Date: Mar 13, 2026

Structured Totality in Child Homicide Sentencing: Avoiding Double Counting and Adjusting Guideline Starting Points to Historic Maximums Case: Ives, R. v Citation: [2026] EWCA Crim 417 Court: Court of...

S.49(7) Humanitarian Reviews: Minister May Balance State System-Integrity Against “Something More” in Precarious-Residence Cases

Date: Mar 12, 2026

S.49(7) Humanitarian Reviews: Minister May Balance State System-Integrity Against “Something More” in Precarious-Residence Cases Case: S.M. v The Minister For Justice [No. 2] [2026] IEHC 138 (High...

Public Participation Is Not Triggered by AA Screening under s.146B; SAC Conservation Objectives Do Not Extend to Birds

Date: Mar 12, 2026

Public Participation Is Not Triggered by AA Screening under s.146B; SAC Conservation Objectives Do Not Extend to Birds 1) Introduction Rural Residents Wind Aware and Environmental Group, John Nolan...

State Protection Requires Effectiveness, Not Mere “Improvement”: COI Must Rationally Support a Section 31 Finding

Date: Mar 12, 2026

State Protection Requires Effectiveness, Not Mere “Improvement”: COI Must Rationally Support a Section 31 Finding Case: T.M. [Georgia] v The International Appeals Tribunal and Anor (Approved) [2026]...

Security for Costs under s.52 Companies Act 2014: “Reason to Believe” Requires More than a Terse Liquidity Critique

Date: Mar 12, 2026

Security for Costs under s.52 Companies Act 2014: “Reason to Believe” Requires More than a Terse Liquidity Critique 1) Introduction In Ryconlou Ltd v Conlon [2026] IEHC 152, the High Court (O’Donnell...

Rectification Cures: Judicial Review Will Not Quash a Permission for a Landowner-Consent Defect Corrected by a Lawful Amendment

Date: Mar 12, 2026

Rectification Cures: Judicial Review Will Not Quash a Permission for a Landowner-Consent Defect Corrected by a Lawful Amendment 1) Introduction This judgment (Rural Residents Wind Aware and...

State Protection Under s.31 International Protection Act 2015: “Improvements” Are Not “Effectiveness” — COI Findings Must Rationally Support the Conclusion

Date: Mar 12, 2026

State Protection Under s.31 International Protection Act 2015: “Improvements” Are Not “Effectiveness” — COI Findings Must Rationally Support the Conclusion 1) Introduction M.G. (Georgia) v The...

Section 10C Protected Disclosures: Burden on the Reporting Person to Establish Prima Facie Wrongdoing at Initial Assessment and Limits of Judicial Review at Leave Stage

Date: Mar 12, 2026

Section 10C Protected Disclosures: Burden on the Reporting Person to Establish Prima Facie Wrongdoing at Initial Assessment and Limits of Judicial Review at Leave Stage Case: McLoughlin v The...

Exceptional Partial Costs for Unsuccessful Public-Interest Constitutional Litigation: 50% Costs Award Where Proceedings Clarify Novel, Systemic Executive-Governance Questions

Date: Mar 12, 2026

Exceptional Partial Costs for Unsuccessful Public-Interest Constitutional Litigation: 50% Costs Award Where Proceedings Clarify Novel, Systemic Executive-Governance Questions 1. Introduction This...

Corcoran v Everyday Finance DAC: Interlocutory Injunctions, Proof of Loan Assignment Despite Redactions, and Waiver of “Solicitor-Advice” Drawdown Conditions

Date: Mar 12, 2026

Corcoran v Everyday Finance DAC: Interlocutory Injunctions, Proof of Loan Assignment Despite Redactions, and Waiver of “Solicitor-Advice” Drawdown Conditions 1) Introduction Corcoran v Everyday...

Condon (No. 2): Leave to Appeal Refused Where Proposed Questions Misstate the Judgment and the Commission Failed “Step 1” Engagement with the Development Plan

Date: Mar 12, 2026

Condon (No. 2): Leave to Appeal Refused Where Proposed Questions Misstate the Judgment and the Commission Failed “Step 1” Engagement with the Development Plan 1. Introduction Condon v An Coimisiún...