periodic-inspection Case Commentaries

JCT DB 2016 Clause 8.9.4: “Repeat Default” Termination Requires a Previously Accrued Clause 8.9.3 Right

Date: Jan 16, 2026

JCT DB 2016 Clause 8.9.4: “Repeat Default” Termination Requires a Previously Accrued Clause 8.9.3 Right 1. Introduction Providence Building Services Limited v Hexagon Housing Association Limited...

Costs Consequences of an Unstateable Interlocutory Injunction and of Mootness in Plenary “Environmental” Litigation

Date: Jan 16, 2026

Costs Consequences of an Unstateable Interlocutory Injunction and of Mootness in Plenary “Environmental” Litigation Case: Croghan and Ors v Collins and Ors (Costs Ruling) Citation: [2026] IEHC 22...

R v LEJ [2026] EWCA Crim 49 — No-Case-to-Answer: Unadduced Defence Material and the Limits of Judicial Reliability Assessment

Date: Jan 16, 2026

No-Case-to-Answer After Galbraith: A Judge Must Not Rely on Unadduced/Contested Defence Material When Halting a Jury Trial 1) Introduction R v LEJ concerns a prosecution application for leave to...

Taylor, R. v [2026] EWCA Crim 271 — Community Orders for Historic Child-Perpetrated Sexual Offences Must Include a Punitive Requirement (Absent Exceptional Circumstances)

Date: Jan 16, 2026

Community Orders for Historic Child-Perpetrated Sexual Offences Must Include a Punitive Requirement (Absent Exceptional Circumstances) Case: Taylor, R. v Citation: [2026] EWCA Crim 271 Court: England...

Paid “Volunteer” Coastguard Rescue Officers Are “Workers” When Attending Remunerated Activities

Date: Jan 15, 2026

Paid “Volunteer” Coastguard Rescue Officers Are “Workers” When Attending Remunerated Activities 1. Introduction Maritime and Coastguard Agency v Groom ([2026] EWCA Civ 6) concerns whether a...

Security for Costs in Visa Judicial Review: Refusal Where the Order Would Stifle Merits Adjudication Despite Prima Facie Entitlement

Date: Jan 15, 2026

Security for Costs in Visa Judicial Review: Refusal Where the Order Would Stifle Merits Adjudication Despite Prima Facie Entitlement 1) Introduction Hamza v The Minister For Justice [2026] IEHC 14 is...

Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms

Date: Jan 15, 2026

Possession on Term-Expired Mortgages: No Discovery and No Oral Variation Against Written Loan Terms 1) Introduction Mars Capital Finance Ireland DAC v O'Connor and Anor concerned a mortgagee’s claim...

Lenient but Not “Unduly Lenient”: Category Elevation in Stalking and Appellate Restraint Despite Unclear Mitigation Accounting

Date: Jan 15, 2026

Lenient but Not “Unduly Lenient”: Category Elevation in Stalking and Appellate Restraint Despite Unclear Mitigation Accounting Introduction R v Lupu [2026] EWCA Crim 39 is an Attorney General’s...

R v Selamaj & Anor [2026] EWCA Crim 66 — “Especially dangerous” weapon uplift is not impermissible double counting in Category 1A affray, but mitigation may require reversion to the guideline starting point; immediate custody remains appropriate for weaponised street violence

Date: Jan 15, 2026

R v Selamaj & Anor [2026] EWCA Crim 66 — “Especially dangerous” weapon uplift is not impermissible double counting in Category 1A affray, but mitigation may require reversion to the guideline...

HMO Co‑operative Exemption Requires Rules that Mandate Member-Made Management Decisions (Committee Powers Defeat Schedule 14 Para 2B)

Date: Jan 15, 2026

HMO Co‑operative Exemption Requires Rules that Mandate Member-Made Management Decisions (Committee Powers Defeat Schedule 14 Para 2B) 1. Introduction Housing 35 Plus Ltd v Nottingham City Council...

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications

Date: Jan 15, 2026

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications Case: Commission for Communications Regulation v Sky Ireland Ltd...

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125

Date: Jan 15, 2026

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125 1) Introduction Doyle v Buckley [Practising Under the Style and Title of J. Buckley &...

R v Price: Youth rape sentencing—YRO with ISS may be proportionate despite custodial threshold; “particularly vulnerable” and “severe psychological harm” harm factors applied narrowly

Date: Jan 15, 2026

R v Price: Youth rape sentencing—YRO with ISS may be proportionate despite custodial threshold; “particularly vulnerable” and “severe psychological harm” harm factors applied narrowly 1. Introduction...

Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders

Date: Jan 14, 2026

Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders 1. Introduction LLC Eurochem North-West-2 v Tecnimont SPA & Anor concerned a focused but practically...

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order

Date: Jan 14, 2026

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order Case: Goode Concrete v Cement Roadstone Holdings PLC and Ors...

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders

Date: Jan 14, 2026

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders Case: Criminal Assets Bureau v X and Y and Z (Approved) Citation: [2026] IEHC 34 Court: High Court...

Proper Provision with Inherited/Business Assets: Calibrated Intrusion, Not 50:50, and an Elective Deferred Realisation Mechanism

Date: Jan 14, 2026

Proper Provision with Inherited/Business Assets: Calibrated Intrusion, Not 50:50, and an Elective Deferred Realisation Mechanism 1) Introduction J.K.M. v L.M (ancillary reliefs; proper provision;...

“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3)

Date: Jan 13, 2026

“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3): Clarifying the Distinction from Reserved Costs on Interlocutory Motions Case: Meta Platform Ireland Ltd v The Data Protection...

Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a Pressing Exigency of Justice

Date: Jan 13, 2026

Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a “Pressing Exigency of Justice” Citation: [2026] IEHC 2 | Court: High Court (Phelan J) | Date:...

Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company Insolvency Abuse

Date: Jan 13, 2026

Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company...