periodic-inspection Case Commentaries

IPAT Late-Appeal Extensions: No Duty to Invite Further Particulars and No Power to Reopen a Refusal

Date: Jan 28, 2026

IPAT Late-Appeal Extensions: No Duty to Invite Further Particulars and No Power to Reopen a Refusal 1. Introduction YSA v The International Protection Appeals Tribunal and Anor [2026] IEHC 39 is a...

No implied 28-day minimum in s.51(2) deportation orders; short “leave period” lawful if reasonable and effective remedy remains available

Date: Jan 28, 2026

No implied 28-day minimum in s.51(2) deportation orders; short “leave period” lawful if reasonable and effective remedy remains available Case: T.M. (South Africa) v The Minister For Justice and...

Totality in Multi-Count Child Sexual Offences: Standalone Lead-Offence Calibration and Proportionate Uplift (R v Stuber)

Date: Jan 28, 2026

Totality in Multi-Count Child Sexual Offences: Standalone Lead-Offence Calibration and Proportionate Uplift (R v Stuber) 1. Introduction R v Stuber ([2026] EWCA Crim 115) is a Court of Appeal...

Cross-Examination in Judicial Review Confined to Genuine Factual Conflicts or Credibility/Reliability Challenges (Not Interpretations or Inferences)

Date: Jan 28, 2026

Cross-Examination in Judicial Review Confined to Genuine Factual Conflicts or Credibility/Reliability Challenges (Not Interpretations or Inferences) 1) Introduction Ethical Farming Ireland v Minister...

“Obvious Reasons” and the Mandatory “Shall Not Extend” Threshold: IPAT Time-Extension Refusals Upheld Where Solicitor Oversight Is Not “Special Circumstances”

Date: Jan 28, 2026

“Obvious Reasons” and the Mandatory “Shall Not Extend” Threshold: IPAT Time-Extension Refusals Upheld Where Solicitor Oversight Is Not “Special Circumstances” 1. Introduction SMMZ v The International...

Totality Requires a Real Uplift Where Multiple Child Sexual Offences Are Sentenced Concurrently (R v Morgan [2026] EWCA Crim 94)

Date: Jan 28, 2026

Totality Requires a Real Uplift Where Multiple Child Sexual Offences Are Sentenced Concurrently R v Morgan [2026] EWCA Crim 94 (CA (Crim Div), 27 January 2026) 1. Introduction R v Morgan is an unduly...

Mercy Not “Undue Leniency”: Youth (18–25) and Genuine Rehabilitation Can Justify a Suspended Sentence in an Exceptional Position-of-Trust Sexual Offending Case

Date: Jan 28, 2026

Mercy Not “Undue Leniency”: Youth (18–25) and Genuine Rehabilitation Can Justify a Suspended Sentence in an Exceptional Position-of-Trust Sexual Offending Case 1. Introduction This judgment of the...

Majid, R. v — Sentencing Limits Where a Jury Acquits on a Bladed-Article Count: Consistency, “Taking a Weapon to the Scene,” and Premeditation under Schedule 21

Date: Jan 28, 2026

Majid, R. v — Sentencing Limits Where a Jury Acquits on a Bladed-Article Count: Consistency, “Taking a Weapon to the Scene,” and Premeditation under Schedule 21 1. Introduction This appeal concerned...

Undue Leniency and Extended Sentences: “Bell” Deference, Guideline Flexibility, and Scrutiny of Risk Assessments

Date: Jan 27, 2026

Undue Leniency and Extended Sentences: “Bell” Deference, Guideline Flexibility, and Scrutiny of Risk Assessments 1. Introduction His Majesty’s Advocate v Michael Patrick Harvey ([2026] HCJAC 3) is a...

EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches)

Date: Jan 27, 2026

EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches) 1. Introduction Hampshire...

Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay

Date: Jan 27, 2026

Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay 1. Introduction The Federal Republic of Nigeria v VR Global Partners...

Foran v An Coimisiún Pleanála: Evidence, “Have Regard”, and Climate-Consistency Challenges in Planning JR

Date: Jan 24, 2026

Foran v An Coimisiún Pleanála: Evidence, “Have Regard”, and Climate-Consistency Challenges in Planning Judicial Review 1) Introduction Foran v An Coimisiún Pleanála & Glenveagh [2026] IEHC 23 is a...

Dangerousness and Extended Determinate Sentences: Index-Offence Facts Can Suffice and Appellate Courts Defer to Trial-judge Assessment (R. v Short)

Date: Jan 24, 2026

Dangerousness and Extended Determinate Sentences: Index-Offence Facts Can Suffice and Appellate Courts Defer to Trial-judge Assessment 1. Introduction R. v Short ([2026] EWCA Crim 77) concerns an...

Relocation as Welfare Evaluation: “Entirely Successful” (s.169 LSRA 2015) Not Read as Win/Lose; Default No-Costs Approach in Child-Centred Family Proceedings

Date: Jan 24, 2026

Relocation as Welfare Evaluation: “Entirely Successful” (s.169 LSRA 2015) Not Read as Win/Lose; Default No-Costs Approach in Child-Centred Family Proceedings Case: D v D [No. 2] (Approved) |...

Primacy of Will-and-Preferences and Least-Restrictive Support: Independent Co-Decision-Maker Preferred over a DMR on a s.55 Discharge Application

Date: Jan 24, 2026

Primacy of Will-and-Preferences and Least-Restrictive Support: Independent Co-Decision-Maker Preferred over a DMR on a s.55 Discharge Application 1. Introduction In the Matter of D [A Ward of Court]...

Section 56(5) YJCEA 1999: Unsworn Evidence Given in Error Does Not, Without More, Render a Conviction Unsafe

Date: Jan 24, 2026

Section 56(5) YJCEA 1999: Unsworn Evidence Given in Error Does Not, Without More, Render a Conviction Unsafe 1. Introduction R. v Giscombe ([2026] EWCA Crim 82) concerned an application for leave to...

Tailored Costs Orders for Collapsed Loss-of-Earnings Claims in Personal Injury Actions (s.169 LSRA 2015)

Date: Jan 24, 2026

Tailored Costs Orders for Collapsed Loss-of-Earnings Claims in Personal Injury Actions (s.169 LSRA 2015) Case: Higgins v Coleman and Anor (Approved) Citation: [2026] IEHC 144 Court: High Court of...

Conflict-of-Interest Misconduct After a Partly Successful SDT Appeal: Censure and “No Order” Costs Where Dishonesty Allegations Fall Away

Date: Jan 24, 2026

Conflict-of-Interest Misconduct After a Partly Successful SDT Appeal: Censure and “No Order” Costs Where Dishonesty Allegations Fall Away 1. Introduction O'Callaghan v Nirvanna Property Holdings Ltd...

“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision

Date: Jan 23, 2026

“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision 1. Introduction Hawes, R (On the...

ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify

Date: Jan 23, 2026

ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify 1. Introduction Secretary of State for...