periodic-inspection Case Commentaries

C v D [2026] IEHC 47 — Grave Risk Under Article 13(b) May Be Grounded on a Single Serious Boundary-Breach, Absent Immediate, Evidenced and Enforceable Safeguards

Date: Feb 4, 2026

C v D (Approved) [2026] IEHC 47 — Grave Risk Under Article 13(b) May Be Grounded on a Single Serious Boundary-Breach, Absent Immediate, Evidenced and Enforceable Safeguards 1) Introduction This High...

Taha Pharmaceuticals v Capsugel Belgium NV: Relief from Sanctions Refused for Non-Compliance with Security for Costs Unless Order Where “Impossibility” Is Not Proved and No Route to Compliance Is Offered

Date: Feb 4, 2026

Relief from Sanctions Refused for Non-Compliance with a Security for Costs Unless Order Where “Impossibility” Is Not Proved, Diligence Is Lacking, and No Practical Route to Compliance Is Offered...

Benefit-Only Assignees as “Parties to a Code Agreement” for Part 5 (Termination/Modification) Applications under the Electronic Communications Code

Date: Feb 4, 2026

Benefit-Only Assignees as “Parties to a Code Agreement” for Part 5 (Termination/Modification) Applications under the Electronic Communications Code 1. Introduction On Tower UK Ltd v AP Wireless II...

Deportation stays pending Supreme Court leave: custody and imminent statutory detention limits are not “special prejudice” absent concrete evidence

Date: Feb 4, 2026

Deportation stays pending Supreme Court leave: custody and imminent statutory detention limits are not “special prejudice” absent concrete evidence 1. Introduction A.M.A. v The Minister For Justice,...

Acceptance Must Be Communicated by Return/Exchange of Executed Contract Where “Subject to Contract / Contract Denied” and “Exchange” Is Stipulated

Date: Feb 4, 2026

Acceptance Must Be Communicated by Return/Exchange of Executed Contract Where “Subject to Contract / Contract Denied” and “Exchange” Is Stipulated 1) Introduction Outeniqua Ltd v Buckley and O'Neill,...

Dangerousness and Extended Determinate Sentences: Reasons Must Address Public Risk (Baker & McGuire)

Date: Feb 4, 2026

Dangerousness and Extended Determinate Sentences: Reasons Must Address Public Risk (Baker & McGuire) 1. Introduction R v Baker & Anor ([2026] EWCA Crim 154) is a Solicitor General’s reference for...

R v Munro: Cumulative Domestic Abuse Impact Can Justify Category 1 Harm (B1) for ABH and Consecutive Sentences Within Totality

Date: Feb 4, 2026

R v Munro: Cumulative Domestic Abuse Impact Can Justify Category 1 Harm (B1) for ABH and Consecutive Sentences Within Totality 1) Introduction R. v Munro ([2026] EWCA Crim 151) is a sentence appeal...

Marley, R. v — Renewed Leave to Appeal Against Sentence: High Threshold for Disparity, Late Evidence, and Extensions of Time in “Level 1” Kidnap/Extortion Cases

Date: Feb 4, 2026

Marley, R. v — Renewed Leave to Appeal Against Sentence: High Threshold for Disparity, Late Evidence, and Extensions of Time in “Level 1” Kidnap/Extortion Cases 1. Introduction Marley, R. v ([2026]...

O’Murthuile v ABP and Ors (Approved) — “Evinced Intention” as the Unifying Test for Abandonment of Residential Use (and the Limits of s.50A(7) Certification)

Date: Feb 4, 2026

“Evinced Intention” as the Unifying Test for Abandonment of Residential Use (and the Limits of s.50A(7) Certification) Case: O'Murthuile v ABP and Ors (Approved) | Citation: [2026] IEHC 36 | Court:...

Caudrey, R. v — Duty to Address Suspended Sentence Guideline Factors Where Suspension Is Available

Date: Feb 4, 2026

Caudrey, R. v — Duty to Address Suspended Sentence Guideline Factors Where Suspension Is Available 1) Introduction R v Caudrey concerns an appeal against sentence arising from the importation of...

Hopkinson: Loss of Time Orders for Hopeless Renewed Conviction Appeals After Guilty Pleas Alleging Non-Disclosure

Date: Feb 4, 2026

Hopkinson: Loss of Time Orders for Hopeless Renewed Conviction Appeals After Guilty Pleas Alleging Non-Disclosure 1. Introduction R. v Hopkinson ([2026] EWCA Crim 161) is a decision of the England...

Fair-Procedure Minimum Disclosure in Airport Security Clearance Appeals

Date: Feb 3, 2026

Fair-Procedure Minimum Disclosure in Airport Security Clearance Appeals: An “Appeal in Name Only” Where Non-Sensitive Reasons Are Withheld 1) Introduction Doyle v The Commissioner of An Garda...

Section 542 TCA: A “Conditional Contract” Exists Only Where No Obligation to Dispose/Acquire Arises Until the Condition Is Satisfied

Date: Feb 3, 2026

Section 542 TCA: A “Conditional Contract” Exists Only Where No Obligation to Dispose/Acquire Arises Until the Condition Is Satisfied 1. Introduction Flaherty v Revenue Commissioner ([2026] IESC 4) is...

Finality of Want-of-Prosecution Decisions: Later Supreme Court Restatements Do Not Permit High Court “Do-Overs”

Date: Feb 3, 2026

Finality of Want-of-Prosecution Decisions: Later Supreme Court Restatements Do Not Permit High Court “Do-Overs” Case: Charleton and Anor v Scriven (Approved) Citation: [2026] IEHC 41 Court: High...

Exchequer-Funded Disability Care Premises Are Rate-Exempt: “Defrayed out of moneys provided” is Source-Based and “Wholly or Mainly” Means “For All Intents and Purposes”

Date: Feb 3, 2026

Exchequer-Funded Disability Care Premises Are Rate-Exempt: “Defrayed out of moneys provided” is Source-Based and “Wholly or Mainly” Means “For All Intents and Purposes” Case: Redwood Extended Care...

Late Withdrawal of Opposition to Pleading Amendments: Opponent May Bear the Majority of Motion Costs, with Full Consequential Costs Preserved

Date: Jan 31, 2026

Late Withdrawal of Opposition to Pleading Amendments: Opponent May Bear the Majority of Motion Costs, with Full Consequential Costs Preserved 1) Introduction Hgreit II Montrose OPCO LLC and Anor v...

Plenary Summons Permitted Where Damages Include Trespass to the Person, Despite PIAB Authorisation Requirement

Date: Jan 31, 2026

Plenary Summons Permitted Where Damages Include Trespass to the Person, Despite PIAB Authorisation Requirement Case: St. John Harrington v O'Connor (Approved) Citation: [2026] IEHC 52 Court: High...

Operative Tribunal Terms Prevail Over Recital Definitions & JR Time Runs from First Final Adverse Decision

Date: Jan 31, 2026

Operative Tribunal Terms Prevail Over Recital Definitions & JR Time Runs from First Final Adverse Decision 1) Introduction In O'Brien v Tribunal Of Inquiry Into Issues Relating To The Complaints...

R v Lee [2026] EWCA Crim 132 — Immediate Custody Proper Where Suspension Criteria Under the Imposition Guideline Are Not Met

Date: Jan 31, 2026

Immediate Custody Proper Where Suspension Criteria Under the Imposition Guideline Are Not Met: R v Lee [2026] EWCA Crim 132 1) Introduction This decision of the England and Wales Court of Appeal...

R v Odeyemi: Joinder of SRO-Breach and Rape, Intoxicated Consent Directions, and s.34 Inferences Without Identified Interview Questions

Date: Jan 31, 2026

R v Odeyemi: Joinder of SRO-Breach and Rape, Intoxicated Consent Directions, and s.34 Inferences Without Identified Interview Questions 1. Introduction Odeyemi, R. v ([2026] EWCA Crim 162, 30 January...