periodic-inspection Case Commentaries

MN v NHS Foundation Trust L [2026] EWCA Civ 71 — Commentary

Date: Feb 14, 2026

Contractual Enforcement of MHPS-Consistent Policies: “Medical Director Will Act” as Non‑Delegable Case Manager for Consultant Investigations (Absent Exceptional Circumstances) 1. Introduction MN v...

Lukaszewicz, R. v: Category 3 Harm at the Top End Can Still Justify a Sentence Above the Category 3C Guideline Range

Date: Feb 14, 2026

Category 3 Harm at the Top End Can Still Justify a Sentence Above the Category 3C Guideline Range (Unlawful Wounding) 1. Introduction Lukaszewicz, R. v ([2026] EWCA Crim 225) concerned an appeal...

Assessment of Damages Under the 2021 Personal Injuries Guidelines: Dominant-Injury Proportionality and Partial Recovery of Unpleaded Therapeutic Costs

Date: Feb 14, 2026

Assessment of Damages Under the 2021 Personal Injuries Guidelines: Dominant-Injury Proportionality and Partial Recovery of Unpleaded Therapeutic Costs Case: Shortt v Leonard and Anor (Approved)...

Non-disclosure of internal credit-committee material is not, without more, a misrepresentation vitiating a conditional consent-to-judgment settlement

Date: Feb 14, 2026

Non-disclosure of internal credit-committee material is not, without more, a misrepresentation vitiating a conditional consent-to-judgment settlement CourtHigh Court of Ireland Citation[2026] IEHC 82...

Opportunistic Rape and the “Significant Degree of Planning” Threshold: Reclassification from Category 1A to Category 1B

Date: Feb 14, 2026

Opportunistic Rape and the “Significant Degree of Planning” Threshold: Reclassification from Category 1A to Category 1B 1. Introduction Jancevskis, R. v concerns an appeal against sentence following...

Extended Sentences Must Not Exceed the Offence Maximum: Correcting an Unlawful Section 20 GBH Extension

Date: Feb 14, 2026

Extended Sentences Must Not Exceed the Offence Maximum: Correcting an Unlawful Section 20 GBH Extension 1) Introduction R v Walker ([2026] EWCA Crim 226) concerns a sentencing error where the Crown...

McCann, R. v [2026] EWCA Crim 245 — Preventing Double Counting Where Dangerous Driving Is the Mechanism of Affray, and Ensuring Proper Recording of YOI Sentences and Extended-Test Disqualifications

Date: Feb 14, 2026

Preventing Double Counting Where Dangerous Driving Is the Mechanism of Affray, and Ensuring Proper Recording of YOI Sentences and Extended-Test Disqualifications 1) Introduction McCann, R. v [2026]...

Substitute Consent for Life-Saving Transfusion for a 16-Year-Old: AHDs Inoperative Under 18 and JJ “Parental Failure” Threshold Applied to Refusal of Treatment

Date: Feb 14, 2026

Substitute Consent for Life-Saving Transfusion for a 16-Year-Old: AHDs Inoperative Under 18 and JJ “Parental Failure” Threshold Applied to Refusal of Treatment 1. Introduction This ex tempore ruling...

[2026] IEHC 147 — Jurisdiction, Guardianship and Habitual Residence

Date: Feb 13, 2026

Prospective Effect of s.6A Guardianship Orders and Loss of Irish Parental-Responsibility Jurisdiction Once Habitual Residence Has Shifted (with Inherent-Jurisdiction Declarations to Facilitate...

Breach of Terrorism Notification Requirements: Deterrent Custody, “Potential Harm” Assessment, and ECHR-Compatibility of the Mandatory One-Year Licence (Sentencing Act 2020 s.278)

Date: Feb 13, 2026

Breach of Terrorism Notification Requirements: Deterrent Custody, “Potential Harm” Assessment, and ECHR-Compatibility of the Mandatory One-Year Licence (Sentencing Act 2020 s.278) 1. Introduction...

Redacted Loan-Transfer Documents in Repossession Execution: Balance-of-Probabilities Proof and “Peruvian Guano” Relevance

Date: Feb 13, 2026

Redacted Loan-Transfer Documents in Repossession Execution: Balance-of-Probabilities Proof and “Peruvian Guano” Relevance 1. Introduction Start Mortgages DAC and Anor v Corr and Anor (Approved)...

Clarifications as Part of the ISFT and the 30-Day Clock for Transparency Challenges in Competitive Dialogue Procurements

Date: Feb 13, 2026

Clarifications as Part of the ISFT and the 30-Day Clock for Transparency Challenges in Competitive Dialogue Procurements 1) Introduction In Kerrigan Sheanon Newman UnLtd Company v Sustainable Energy...

R v Peniston: Particularised Grounds and Privilege Waiver as Preconditions for “Ineffective Counsel” Conviction Appeals

Date: Feb 13, 2026

R v Peniston: Particularised Grounds and Privilege Waiver as Preconditions for “Ineffective Counsel” Conviction Appeals 1. Introduction Peniston, R. v ([2026] EWCA Crim 354) is a decision of the...

Near-Campaign Multiple Rape and Pregnancy-Resulting Harm: Moving Beyond Category 2B and Ensuring Totality Under Concurrent Sentences

Date: Feb 13, 2026

Near-Campaign Multiple Rape and Pregnancy-Resulting Harm: Moving Beyond Category 2B and Ensuring Totality Under Concurrent Sentences Introduction Patel, R. v [2026] EWCA Crim 246 is an unduly lenient...

Timely Environmental Information Remedies: EU-Law Limits on Repeated Remittal by the Commissioner for Environmental Information

Date: Feb 12, 2026

Timely Environmental Information Remedies: EU-Law Limits on Repeated Remittal by the Commissioner for Environmental Information 1. Introduction People Over Wind v Commissioner For Environmental...

Draft Judgment Circulation: Limited Scope of Party Comment, Confidentiality, and the Line Between Informal Case-Management and a “Decision in Principle”

Date: Feb 12, 2026

Draft Judgment Circulation: Limited Scope of Party Comment, Confidentiality, and the Line Between Informal Case-Management and a “Decision in Principle” 1) Introduction People Over Wind v...

A Section 132 EIAR Request Is Not a Procedural Straightjacket: Solar Farm Access Tracks Are Not ‘Private Roads’ Triggering Mandatory EIA

Date: Feb 12, 2026

A Section 132 EIAR Request Is Not a Procedural Straightjacket: Solar Farm Access Tracks Are Not ‘Private Roads’ Triggering Mandatory EIA 1) Introduction Moss and Ors v An Coimisiun Pleanala and Anor...

Binding SPPR Planning Guidelines and SEA: Apartment Design Standards as a “Framework for Future Development Consent” (Article 3 SEA Directive) and Aarhus/Kyiv-Consistent Interpretation

Date: Feb 12, 2026

Binding SPPR Planning Guidelines and SEA: Apartment Design Standards as a “Framework for Future Development Consent” (Article 3 SEA Directive) and Aarhus/Kyiv-Consistent Interpretation Case: McDonald...

Accelerated “Safe Country” Appeals: No Oral Hearing Where the Appellant Identifies No Specific Issue Beyond Restating Prior Evidence

Date: Feb 12, 2026

Accelerated “Safe Country” Appeals: No Oral Hearing Where the Appellant Identifies No Specific Issue Beyond Restating Prior Evidence Case: I. M. v The International Protection Appeals Tribunal and...

Section 146 Online-Publication Breaches: Declaratory Relief (Not Certiorari) and Costs Set-Off Where a Concession Is Not Timely Accepted

Date: Feb 12, 2026

Section 146 Online-Publication Breaches: Declaratory Relief (Not Certiorari) and Costs Set-Off Where a Concession Is Not Timely Accepted Case: Hoctor and Ors v An Coimisiun Pleanala and Anor [2026]...