periodic-inspection Case Commentaries

Winding-Up Refused Where Judgment-Mortgage Enforcement Provides an Adequate Alternative Despite a Deemed-Insolvency Statutory Demand

Date: Mar 12, 2026

Winding-Up Refused Where Judgment-Mortgage Enforcement Provides an Adeate Alternative Despite a Deemed-Insolvency Statutory Demand 1) Introduction This High Court (Cork) decision by Charleton J...

Regulation 7(4) Compliance Principle: District Judges May Refuse Multiple Same-Firm Solicitor Assignments Absent “Good Reason” Direction

Date: Mar 12, 2026

Regulation 7(4) Compliance Principle: District Judges May Refuse Multiple Same-Firm Solicitor Assignments Absent “Good Reason” Direction Case: Cawley v The Director Of Public Prosecutions and Anor,...

Discretionary Sist in Scottish Divorce Proceedings: Prima Facie Natural Forum and the Need for Cogent Proof of Substantial Injustice Abroad

Date: Mar 12, 2026

Discretionary Sist in Scottish Divorce Proceedings: Prima Facie Natural Forum and the Need for Cogent Proof of Substantial Injustice Abroad 1) Introduction This Outer House decision of Lady Tait...

Stay Pending Appeal in Private Wind Turbine Nuisance: Okunade Applied, Damages Stayed but Injunction Refused

Date: Mar 12, 2026

Stay Pending Appeal in Private Wind Turbine Nuisance: Okunade Applied, Damages Stayed but Injunction Refused 1. Introduction This judgment ([2026] IEHC 154) is the fourth decision delivered by Ms...

McGreal v Concannon and Anor; McGreal v Court Service Executive and Ors [No. 2] — Commentary

Date: Mar 12, 2026

Plenary Proceedings as an Impermissible “Appeal” from a County Registrar Will Be Struck Out for Want of Jurisdiction; LLP/Firms May Validly Enter an Appearance; Escalating “Lawfare” Justifies Robust...

R v Pottinger [2026] EWCA Crim 416 — Accessory Liability for Section 18: Conditional Intent, In-Club Encouragement, and Compatibility with Acquittal on “Endangering Life”

Date: Mar 12, 2026

R v Pottinger [2026] EWCA Crim 416 — Accessory Liability for Section 18: Conditional Intent, In-Club Encouragement, and Compatibility with Acquittal on “Endangering Life” 1) Introduction R v...

Costs in Multi-Issue, Multi-Module Litigation: “Separate and Distinct Issues” Drive Targeted Carve‑Outs; Payment on Account Generally Refused Pending a Liability Appeal

Date: Mar 12, 2026

Costs in Multi-Issue, Multi-Module Litigation: “Separate and Distinct Issues” Drive Targeted Carve‑Outs; Payment on Account Generally Refused Pending a Liability Appeal Case: Webster and Anor v...

Tactical Non‑Call of a Known Witness Defeats the “Reasonable Explanation” Test for Fresh Evidence Appeals under s 106(3)(a)

Date: Mar 12, 2026

Tactical Non‑Call of a Known Witness Defeats the “Reasonable Explanation” Test for Fresh Evidence Appeals under s 106(3)(a) 1. Introduction In Appeal against Conviction by Kassim Ashley Green...

Consent-to-Prosecute as a Jurisdictional Precondition for Article 10 Public Order (NI) Offences; Section 33 Compliance Not Exclusive

Date: Mar 12, 2026

Consent-to-Prosecute as a Jurisdictional Precondition for Article 10 Public Order (NI) Offences; Section 33 Compliance Not Exclusive 1. Introduction Public Prosecution Service v Stitt [2026] NICA 9...

Mandatory Life Sentences for Dangerous Child-Rape Offenders (Sentencing Act 2020 s.285): The “Seriousness” Gateway and Appellate Control of Minimum Terms

Date: Mar 12, 2026

Mandatory Life Sentences for Dangerous Child-Rape Offenders (Sentencing Act 2020 s.285): The “Seriousness” Gateway and Appellate Control of Minimum Terms Case: R. v Morris & Anor Neutral citation:...

Pre‑Proof Dismissal for “Fundamental Dishonesty” in Scotland: Only Where Dishonesty Makes a Fair Proof Impossible (and the Motion May Be Refused In Hoc Statu)

Date: Mar 11, 2026

Pre‑Proof Dismissal for “Fundamental Dishonesty” in Scotland: Only Where Dishonesty Makes a Fair Proof Impossible (and the Motion May Be Refused In Hoc Statu) 1) Introduction Scott McSeveney v Aviva...

Objective Evaluation Required for Relocation Fears in s.117C(6) Deportation Appeals

Date: Mar 11, 2026

Objective Evaluation Required for Relocation Fears in s.117C(6) Deportation Appeals: Subjective Fear is Relevant but Not Determinative Case: Secretary of State for the Home Department v AB (Rev1)...

Security of Tenure for Showpeople’s Yards: Mobile Homes Act 1983 Applies to Council Leases of Ground and Survives Tenant Sequestration

Date: Mar 11, 2026

Security of Tenure for Showpeople’s Yards: Mobile Homes Act 1983 Applies to Council Leases of Ground and Survives Tenant Sequestration 1) Introduction In Glasgow City Council against James J R...

Section 289 TCPA Appeals to the Court of Appeal Are Governed by the CPR 52.6 (First-Appeal) Permission Test

Date: Mar 11, 2026

Section 289 TCPA Appeals to the Court of Appeal Are Governed by the CPR 52.6 (First-Appeal) Permission Test Case: Dharmeshkumar v Secretary of State for Housing, Communities and Local Government &...

Denial is Not an Automatic Bar to Rehabilitation, but Article 5 Does Not Require Denier-Specific Courses Where Unsuitability is a Professional Risk/Responsivity Judgment

Date: Mar 11, 2026

Denial is Not an Automatic Bar to Rehabilitation, but Article 5 Does Not Require Denier-Specific Courses Where Unsuitability is a Professional Risk/Responsivity Judgment 1. Introduction Case:...

Article 5 ECHR and OLR Prisoners: Assessment Alone Is Not a “Real Opportunity” for Rehabilitation

Date: Mar 11, 2026

Article 5 ECHR and OLR Prisoners: Assessment Alone Is Not a “Real Opportunity” for Rehabilitation Court: Scottish Court of Session (Outer House), Lord Colbeck Citation: [2026] CSOH 21 Date: 6 March...

Post‑contract Conduct Admissible to Prove Terms of Oral Contract (Not to Interpret It) — BPL Contracts (Scotland) Ltd v Beattie FRC Ltd [2026] CSOH 22

Date: Mar 11, 2026

Post‑contract Conduct Admissible to Prove Terms of Oral Contract (Not to Interpret It): Profit‑Share Oral Subcontracts, “Overheads”, and the Factual Substratum for Expert Quantum Evidence 1....

Aksahin v London Borough of Enfield [2026] EWCA Civ 231 — Effective Service Bars “No Knowledge” Defences to Persons-Unknown Street-Cruising Injunctions (and Passengers Can “Participate”)

Date: Mar 11, 2026

Effective Service Bars “No Knowledge” Defences to Persons-Unknown Street-Cruising Injunctions (and Passengers Can “Participate”) 1. Introduction Aksahin v London Borough of Enfield [2026] EWCA Civ...

Appellate Restraint in Non-Accidental Injury Perpetrator Findings: Credibility, Propensity Evidence, and “Pool” Analysis — A, B & C (Children: Perpetrator Finding) [2026] EWCA Civ 219

Date: Mar 11, 2026

Appellate Restraint in Non-Accidental Injury Perpetrator Findings: Credibility, Propensity Evidence, and “Pool” Analysis Case: A, B & C (Children: Perpetrator Finding) [2026] EWCA Civ 219 Court:...

Three-Strikes Dwelling Burglary: Indictable-Only Jurisdictional Nullity and Divisional Court “Reset”

Date: Mar 11, 2026

Three-Strikes Dwelling Burglary: Indictable-Only Jurisdictional Nullity and Divisional Court “Reset” Introduction In Latty, R. v [2026] EWCA Crim 538 (CA (Crim Div), 10 March 2026), the Court of...