periodic-inspection Case Commentaries

Unified Jurisdiction and Procedural Limits on “Equity” Motions in Summary Proceedings: Commentary on Everyday Finance DAC v Farrell [2025] IEHC 721

Date: Dec 23, 2025

Unified Jurisdiction and Procedural Limits on “Equity” Motions in Summary Proceedings: Commentary on Everyday Finance DAC v Farrell [2025] IEHC 721 1. Introduction Everyday Finance Designated...

Single Telecom Masts Generally Outside EIA “Urban Development” and Limits on Late Evidence in Judicial Review: Commentary on Doyle v An Coimisiún Pleanála [2025] IEHC 725

Date: Dec 23, 2025

Single Telecom Masts Generally Outside EIA “Urban Development” and Limits on Late Evidence in Judicial Review: Commentary on Doyle v An Coimisiún Pleanála [2025] IEHC 725 1. Introduction This...

Membership vs Attendance: Daly v An Taoiseach and the Constitutional Validity of “Super Junior” Ministers at Cabinet

Date: Dec 23, 2025

Membership vs Attendance: Daly v An Taoiseach and the Constitutional Validity of “Super Junior” Ministers at Cabinet 1. Introduction Daly v An Taoiseach & Ors [2025] IEHC 729 is a three-judge High...

Representative Standing and Public Health Licensing Fees: Commentary on CSNA Company Ltd v Minister for Health [2025] IEHC 738

Date: Dec 23, 2025

Representative Standing and Public Health Licensing Fees: Commentary on CSNA Company Ltd v Minister for Health [2025] IEHC 738 1. Introduction This High Court judgment in CSNA Company Limited by...

"Special Circumstances" and Service Out of the Jurisdiction: The Supreme Court Re‑defines Order 8 and Order 11A in Power v Telia Company AB & ors [2025] IESC 55

Date: Dec 23, 2025

"Special Circumstances" and Service Out of the Jurisdiction: The Supreme Court Re‑defines Order 8 and Order 11A in Power v Telia Company AB & ors [2025] IESC 55 1. Introduction The Supreme Court’s...

Fresh Evidence, Alleged Collusion and the “Reasonable Jury” Test in Sexual Offence Appeals: Commentary on Kyle Kernachan v HM Advocate [2025] HCJAC 54

Date: Dec 23, 2025

Fresh Evidence, Alleged Collusion and the “Reasonable Jury” Test in Sexual Offence Appeals: Commentary on Kyle Kernachan v HM Advocate [2025] HCJAC 54 1. Introduction This decision of the Appeal...

Continuing Wrongful Retention and Limits on Article 13(b) Defences under the Hague Convention: Commentary on HL v LL [2025] CSIH 32

Date: Dec 23, 2025

Continuing Wrongful Retention and Limits on Article 13(b) Defences under the Hague Convention: Commentary on HL v LL [2025] CSIH 32 1. Introduction This commentary analyses the decision of the Extra...

Primacy of Common Habitual Residence under Rome II in UK Cross-Border Torts: Commentary on Popa v XDP Ltd [2025] CSOH 119

Date: Dec 23, 2025

Primacy of Common Habitual Residence under Rome II in UK Cross-Border Torts: Commentary on Popa v XDP Ltd [2025] CSOH 119 1. Introduction The decision of Lord Uist in Lacramioara Popa and others v...

KYC Formalities Do Not, Without Clear Intention, Make an Instructing Law Firm Personally Liable for Fees – Commentary on DAC Beachcroft Claims (Scotland) Ltd v Mohammed Al Dahbashi Advocates [2025] CSOH 120

Date: Dec 23, 2025

KYC Formalities Do Not, Without Clear Intention, Make an Instructing Law Firm Personally Liable for Fees Commentary on DAC Beachcroft Claims (Scotland) Ltd v Mohammed Al Dahbashi Advocates, [2025]...

Anticipation Requires Necessity: Expert “Understanding” Cannot Substitute for Strict Implicit Disclosure in Novelty Attacks

Date: Dec 23, 2025

Anticipation Requires Necessity: Expert “Understanding” Cannot Substitute for Strict Implicit Disclosure in Novelty Attacks 1) Introduction Abbott Diabetes Care Inc & Ors v Dexcom Inc & Ors ([2025]...

Kohler Mira Ltd v Norcros Group (Holdings) Ltd [2025] EWCA Civ 1670 — Commentary

Date: Dec 23, 2025

Functional Claim Limits: “Configured so that” Must Be Achieved by the Claimed Component, and “Substantially Unchanged” Is Invalid Without an Ascertainable Criterion 1. Introduction Case: Kohler Mira...

Permissible Contradiction, Not Impermissible Impeachment: Section 3 of the Criminal Law Procedure Act 1865 Allows the Prosecution to Call Later Evidence Contradicting Its Own Witness Where the Purpose and Effect Are to Prove Facts in Issue

Date: Dec 23, 2025

Permissible Contradiction, Not Imperissible Impeachment: Section 3 of the Criminal Law Procedure Act 1865 Allows the Prosecution to Call Later Evidence Contradicting Its Own Witness Where the Purpose...

De Minimis Does Not Bar Leave Where an Arguable Procedural Defect Is Shown in Vehicle-Clamping Judicial Review

Date: Dec 23, 2025

De Minimis Does Not Bar Leave Where an Arguable Procedural Defect Is Shown in Vehicle-Clamping Judicial Review Case: Joyce v National Transport Authority (Approved) Citation: [2025] IECA 290 Court:...

McEvoy v Dublin City Council (Rev1) — Cumulative Inactivity Can Justify Strike-Out Despite a Recent “Proceeding” Under O.122 r.11

Date: Dec 23, 2025

McEvoy v Dublin City Council (Rev1) — Cumulative Inactivity Can Justify Strike-Out Despite a Recent “Proceeding” Under O.122 r.11 1) Introduction McEvoy v-Dublin City Council (Rev1) [2025] IEHC 745...

Mortgagee’s Duties in Portfolio Sales and Proof of Loss: Commentary on Shortt v Bank of Ireland (UK) PLC [2025] NICA 65

Date: Dec 22, 2025

Mortgagee’s Duties in Portfolio Sales and the Centrality of Proving Loss: Commentary on Shortt v Bank of Ireland (UK) PLC [2025] NICA 65 1. Introduction Shortt v Bank of Ireland (UK) PLC [2025] NICA...

Substance over Form in POCA Committals and Assessment of Benefit in Planning Enforcement Sentencing: Commentary on R v Salem & Robinson‑Dadoun [2025] EWCA Crim 1602

Date: Dec 22, 2025

Substance over Form in POCA Committals and Assessment of Benefit in Planning Enforcement Sentencing: Commentary on R v Salem & Robinson‑Dadoun [2025] EWCA Crim 1602 1. Introduction This commentary...

Coates v R [2025] EWCA Crim 1676: Sentencing for Criminal Damage Following Civil Contempt

Date: Dec 22, 2025

Coates v R [2025] EWCA Crim 1676: Sentencing for Criminal Damage Following Civil Contempt – Avoiding Double Punishment while Preserving Deterrence 1. Introduction The decision in Coates v R [2025]...

Defining the “Transaction” and Tightening the s.238 Defence: Commentary on TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669

Date: Dec 22, 2025

Defining the “Transaction” and Tightening the s.238 Defence: Commentary on TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669 1. Introduction This Court of Appeal...

Motorola v Hytera [2025] EWCA Civ 1667: Total Bar on Enforcement of Foreign Multiple-Damages Judgments and CPR 40.8A as the Primary Route for Post‑Judgment Relief after Foreign Appeals

Date: Dec 22, 2025

Motorola v Hytera [2025] EWCA Civ 1667: Total Bar on Enforcement of Foreign Multiple-Damages Judgments and CPR 40.8A as the Primary Route for Post‑Judgment Relief after Foreign Appeals 1....

Kone v Secretary of State: Paragraph 297(i)(f) Applies Where One Parent Is Settled Even If the Other Has Limited Leave, and “Exclusion” Is a Normative Test

Date: Dec 22, 2025

Kone v Secretary of State for the Home Department [2025] EWCA Civ 1653: Paragraph 297(i)(f) Applies Where One Parent Is Settled Even If the Other Has Limited Leave, and “Exclusion” Is a Normative...