periodic-inspection Case Commentaries

Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures

Date: Dec 12, 2025

Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures 1. Introduction This Court of Appeal decision in B, Re (1980 Hague...

V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct

Date: Dec 12, 2025

V v General Medical Council [2025] CSOH 114: Original Jurisdiction and the Limits of Conditions in Interim Orders for Alleged Sexual Misconduct 1. Introduction The decision of Lady Tait in Petition...

DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions

Date: Dec 12, 2025

DM v EF [2025] CSOH 115: Forum Choice, Remits and Access to Justice in Scottish Family Actions 1. Introduction In DM v EF [2025] CSOH 115, Lord Braid, sitting in the Outer House of the Court of...

Court of Session on “Prevention of Access” and Standing in Challenges to Traffic Regulation Orders – Norman Esslemont v Aberdeen City Council [2025] CSIH 31

Date: Dec 12, 2025

Court of Session Clarifies “Prevention of Access” and Substantial Prejudice in Challenges to Traffic Regulation Orders: Norman Esslemont v Aberdeen City Council [2025] CSIH 31 1. Introduction This...

Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708

Date: Dec 12, 2025

Fair Procedures in Irish Employment Visa Appeals: Consistent Reasons, Engagement with Evidence and Limits on Post‑Hoc Justification – Commentary on Z.I. v Minister for Justice [2025] IEHC 708 1....

Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A: Commentary on The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588

Date: Dec 12, 2025

Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A Case: The Tower One St George Wharf Ltd v Commissioners for His Majesty's Revenue and Customs [2025] EWCA Civ 1588...

Functus Officio, De Minimis Breaches and Certification under s.50A(7) PDA 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701

Date: Dec 12, 2025

Functus Officio, De Minimis Breaches and Certification under s.50A(7) of the Planning and Development Act 2000: Commentary on Morehart v An Coimisiún Pleanála [2025] IEHC 701 1. Introduction This...

Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44

Date: Dec 12, 2025

Judicial Independence and the Limits of Crown Vicarious Liability: Commentary on X v The Lord Advocate [2025] UKSC 44 1. Introduction This Supreme Court decision addresses a novel and sensitive...

C.D. v E.F.: Proper Provision for Qualified Cohabitants under Section 194 Without a Prior “Moral Obligation” or Financial Dependency

Date: Dec 12, 2025

C.D. v E.F.: Proper Provision for Qualified Cohabitants under Section 194 Without a Prior “Moral Obligation” or Financial Dependency 1. Introduction The High Court (Circuit Appeal) decision in C.D. v...

Young Adult Dangerousness in Unlawful-Act Manslaughter: Criminal Record as the Key Differentiator Between Discretionary Life and an Extended Determinate Sentence

Date: Dec 12, 2025

Young Adult Dangerousness in Unlawful-Act Manslaughter: Criminal Record as the Key Differentiator Between Discretionary Life and an Extended Determinate Sentence 1. Introduction This decision of the...

Mootness, Public-Interest Exception, and Locus Standi in Challenges to Summary Prosecutions and the Adult Cautioning Scheme

Date: Dec 12, 2025

Mootness, Public-Interest Exception, and Locus Standi in Challenges to Summary Prosecutions and the Adult Cautioning Scheme 1) Introduction Lynch v Director of Public Prosecutions and Ors (Approved)...

Transparency, Child’s Voice and Continuing Seisin in High‑Conflict Access Disputes: Commentary on Y.Y. v Z.Z. [2025] IEHC 743

Date: Dec 12, 2025

Transparency, Child’s Voice and Continuing Seisin in High‑Conflict Access Disputes: Commentary on Y.Y. v Z.Z. [2025] IEHC 743 Court: High Court (Circuit Appeal), Ireland Judge: Jackson J Date: 11...

Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 – Commentary on KW v Mental Health Tribunal [2025] IEHC 685

Date: Dec 11, 2025

Clarifying the Risk Ground: Adequate Reasons and the Immediacy Requirement under s.3(1)(a) of the Mental Health Act 2001 1. Introduction This commentary examines the High Court decision of Phelan J....

Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011

Date: Dec 11, 2025

Future Mesothelioma Deaths and Past Full‑and‑Final Settlements: The Uniform Meaning of “Liability to Pay Damages” under the Damages (Scotland) Act 2011 1. Introduction In Veale & Ors v Scottish Power...

Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Co v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707

Date: Dec 11, 2025

Survival of Pre‑Existing Guarantees Despite Later “Entire Agreement” Clauses: Commentary on BWG Foods Unlimited Company v J.A.J. Supermarkets Ltd & Mahon [2025] IEHC 707 1. Introduction This High...

Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711

Date: Dec 11, 2025

Judicial Characterisation, Post‑Judgment Corrections and the Rule of Law in Contempt: Commentary on The Board of Management of Wilson's Hospital School v Burke (No. 3) [2025] IEHC 711 1. Introduction...

Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction

Date: Dec 11, 2025

Alsaleh v Residential Tenancies Board [2025] IEHC 702: Ownership Not Required for “Landlord” Status or RTB Jurisdiction 1. Introduction This High Court judgment in Alsaleh v Residential Tenancies...

“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008

Date: Dec 11, 2025

“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008 1. Introduction This judgment of the Court of Appeal...

Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v ALAB [2025] IEHC 670

Date: Dec 11, 2025

Staying Negative Licensing Decisions to Preserve Statutory Continuation Rights: Commentary on TL Mussels Ltd v The Aquaculture Licences Appeals Board [2025] IEHC 670 1. Introduction This judgment of...

Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700

Date: Dec 11, 2025

Res Judicata, Abuse of Process and the Finality of Legal Costs Adjudications under the Legal Services Regulation Act 2015: Commentary on Skoczylas v Minister for Finance [2025] IEHC 700 1....