periodic-inspection Case Commentaries

Point-of-law appeals under the Equal Status Act: record requirements, strict scope, and rigorous standards for recusal/bias

Date: Aug 1, 2026

Point-of-law Appeals under the Equal Status Act: The Need for a Proper Record, the Narrow Scope of Review, and a Rigorous Approach to Recusal/Bias 1. Introduction In J.S. v Donegal County Council;...

Reconstructing “Then-Available” Sentences for Youth Historical Sexual Offences: The Ahmed Method, Maximum-Sentence Adjustment, and Youth Reduction

Date: Aug 1, 2026

Reconstructing “Then-Available” Sentences for Youth Historical Sexual Offences: The Ahmed Method, Maximum-Sentence Adjustment, and Youth Reduction Case: R v Harrison Neutral citation: [2026] EWCA...

Fine as the Proper Alternative Where the Custody Threshold Is Not Crossed Despite Serious Harm (Causing Serious Injury by Careless Driving)

Date: Jul 31, 2026

Fine as the Proper Alternative Where the Custody Threshold Is Not Crossed Despite Serious Harm (Causing Serious Injury by Careless Driving) 1) Introduction In Ledgeway v R [2026] EWCA Crim 956, the...

UCTA 1977 s.2 invalidates negligence death-injury waivers in gross negligence manslaughter: Xiao v R [2026] EWCA Crim 957

Date: Jul 31, 2026

UCTA 1977 s.2 invalidates negligence death-injury waivers in gross negligence manslaughter duty-of-care analysis Introduction Xiao v R [2026] EWCA Crim 957 is an appeal against conviction for gross...

Staying Crown Court Summary Contempt Where an Arguable Jurisdiction Challenge Is Raised

Date: Jul 31, 2026

Staying Crown Court Summary Contempt Where an Arguable Jurisdiction Challenge Is Raised Case: Menon, Re Contempt Proceedings Against [2026] EWCA Crim 966 Court: Court of Appeal (Criminal Division)...

No Common Law Duty of Care Owed by the GMC to Doctors Under Fitness to Practise Investigation in the Timing, Manner, or Content of Statutory Notifications

Date: Jul 31, 2026

No Common Law Duty of Care Owed by the GMC to Doctors Under Fitness to Practise Investigation in the Timing, Manner, or Content of Statutory Notifications Case: Suresh & Ors v General Medical Council...

Re HB: A Best-Interests, Fact-Specific Framework for Appointing Personal Welfare Deputies (Including Transition Cases) and a Cautioned Role for “Autonomy”

Date: Jul 31, 2026

Re HB: A Best-Interests, Fact-Specific Framework for Appointing Personal Welfare Deputies (Including Transition Cases) and a Cautioned Role for “Autonomy” 1. Introduction In Re HB (Appointment of...

Fair Trial in Financial Remedy Proceedings: Material Allegations Must Be Put in Cross‑Examination; Non‑Disclosure Inferences Do Not Require s25(2)(g) Pleading; No Power to Compel a Third Party to “Agree” Housing Terms

Date: Jul 31, 2026

Fair Trial in Financial Remedy Proceedings: Material Allegations Must Be Put in Cross‑Examination; Non‑Disclosure Inferences Do Not Require s25(2)(g) Pleading; No Power to Compel a Third Party to...

Wells Sharing Is Not a “Last Resort”: Fair Risk-Allocation of Illiquid Matrimonial Assets

Date: Jul 31, 2026

Wells Sharing Is Not a “Last Resort”: Fair Risk-Allocation of Illiquid Matrimonial Assets Case: Culligan v Rosemin-Culligan Citation: [2026] EWCA Civ 948 (Court of Appeal (Civil Division), 24 July...

Tenancy “legal notice” clause as an address “given” for service of possession proceedings under CPR 6.8(a)

Date: Jul 31, 2026

Tenancy “legal notice” clause as an address “given” for service of possession proceedings under CPR 6.8(a) Case: Baqir Al-Chaalan & Anor v Abri Group Ltd Neutral citation: [2026] EWCA Civ 946 Court:...

Warning Letters Do Not Reset Order 122 Time: Four-Year Inactivity Presumptively Dismisses Oral-Evidence Medical Claims

Date: Jul 31, 2026

Warning Letters Do Not Reset Order 122 Time: Four-Year Inactivity Presumptively Dismisses Oral-Evidence Medical Claims 1) Introduction In O'Shaughnessy v Health Service Executive [2026] IEHC 568, the...

Objective State-Protection Findings Must Still Be Individualised: IPAT Must Engage with the Applicant’s Lived Experience of Ineffective Protection

Date: Jul 31, 2026

Objective State-Protection Findings Must Still Be Individualised: IPAT Must Engage with the Applicant’s Lived Experience of Ineffective Protection 1) Introduction In S.V. v The International...

Waiver in In Absentia EAW Cases: “Consequences” Do Not Extend to Activation of an Earlier Suspended Sentence

Date: Jul 31, 2026

Waiver in In Absentia EAW Cases: “Consequences” Do Not Extend to Activation of an Earlier Suspended Sentence 1) Introduction Minister for Justice v Kaploniak (Approved) [2026] IESC 40 concerns the...

HG (Abduction): When Maternal Medical Unfitness to Fly Makes Compliance Impossible—Stay and Deferred Reconsideration of Set-Aside

Date: Jul 31, 2026

HG (Abduction): When Maternal Medical Unfitness to Fly Makes Compliance Impossible—Stay and Deferred Reconsideration of Set-Aside Court: England and Wales Court of Appeal (Civil Division) Neutral...

High Court directs an on-notice leave hearing where IPAT’s COI-based “prosecution not persecution/serious harm” conclusion may be under-explained

Date: Jul 31, 2026

High Court directs an on-notice leave hearing where IPAT’s COI-based “prosecution not persecution/serious harm” conclusion may be under-explained 1) Introduction In O.M.M.I.A v The International...

Article 40.4.1 Civil Liberty Claims Qualify for Court-Fee Exemption Under S.I. 492/2014

Date: Jul 31, 2026

Article 40.4.1 Civil Liberty Claims Qualify for Court-Fee Exemption Under S.I. 492/2014 1. Introduction In Davis v Ireland and Anor (Approved) [2026] IEHC 564, Mr Justice Cregan of the High Court...

Undertakings to the Winning Tenderer: A Material Factor in Lifting the Automatic Suspension in Irish Procurement Challenges

Date: Jul 31, 2026

Undertakings to the Winning Tenderer: A Material Factor in Lifting the Automatic Suspension in Irish Procurement Challenges Case: Q Park Ireland Ltd & Anor v Dublin City Council (Approved) Citation:...

Eating-disorder cognitive distortion can negate “weighing” capacity: authorisation of urgent, invasive treatment (and ancillary detention) under the High Court’s inherent jurisdiction

Date: Jul 31, 2026

Eating-disorder cognitive distortion can negate “weighing” capacity: authorisation of urgent, invasive treatment (and ancillary detention) under the High Court’s inherent jurisdiction Case Health...

R v McDonagh [2026] EWCA Crim 1145 — Full activation of a suspended sentence remains the norm where breach is by multiple new offences and “compliance” is only non‑punitive

Date: Jul 31, 2026

R v McDonagh [2026] EWCA Crim 1145 — Full activation of a suspended sentence remains the norm where breach is by multiple new offences and “compliance” is only non‑punitive 1. Introduction In R v...

R v OIM [2026] EWCA Crim 1173 — Commentary

Date: Jul 31, 2026

Sentencing Historic Sexual Offences Committed in Early Childhood: resolving uncertainty in age and charge scope, and applying Ahmed to the custody “bar” Case: R v OIM (Attorney General’s Reference...