periodic-inspection Case Commentaries

TCA Surrender to the UK: No Refusal for Mere Delay and No Article 3 Bar Without Objective, Updated Evidence of Real Risk

Date: Jul 30, 2026

TCA Surrender to the UK: No Refusal for Mere Delay and No Article 3 Bar Without Objective, Updated Evidence of Real Risk Court: High Court of Ireland Neutral citation: [2026] IEHC 543 Date: 29 July...

Refusal of Surrender Under a TCA Warrant Requires Objective, Specific Evidence: Delay and Media-Based Prison Claims Are Insufficient

Date: Jul 30, 2026

Refusal of Surrender Under a TCA Warrant Requires Objective, Specific Evidence: Delay and Media-Based Prison Claims Are Insufficient Case: Minister For Justice, Home Affairs And Migration v Joyce...

[2026] IEHC 540 — No Contribution Against a Co-Occupier for a Transient Natural Hazard Absent Proof of Breach

Date: Jul 30, 2026

No Contribution Against a Co-Occupier for a Transient Natural Hazard Absent Proof of Breach Case: O'Keefe [A Minor] v The Representative Church Body of Church of Ireland and Anor (Approved) [2026]...

Section 107(8) “Cause Shown” Requires a Good Reason Beyond Arguability, and Applications Must Specify the Refused Grounds

Date: Jul 30, 2026

Section 107(8) “Cause Shown” Requires a Good Reason Beyond Arguability, and Applications Must Specify the Refused Grounds Introduction In Application by Stephen Stewart under section 107(8) of the...

Non-invalidation clauses protect the insured despite unknown occupier risk increases, but cannot cure pre-existing absence of cover

Date: Jul 30, 2026

Non-invalidation Clauses Protect the Insured Despite Unknown Occupier Risk Increases, but Cannot Cure Pre-existing Absence of Cover 1) Introduction In Bellshill Property Limited v (First) Borland...

Holistic “Special Circumstances” Relief from Unless-Order Strike-Outs: Mandatory Service Under Order 27 r 18(4) and Proportionality

Date: Jul 30, 2026

Holistic “Special Circumstances” Relief from Unless-Order Strike-Outs: Mandatory Service Under Order 27 r 18(4) and Proportionality Case: Coleman, Gilmartin v Depuy International Ltd and Ors...

“Industrial Quantities” in Cannabis Production: Capacity, Duration and Conspiracy Can Justify Sentences Above the Category 1 Range

Date: Jul 30, 2026

“Industrial Quantities” in Cannabis Production: Capacity, Duration and Conspiracy Can Justify Sentences Above the Category 1 Range 1. Introduction In R v Breca [2026] EWCA Crim 1171, the Court of...

TCA Surrender: Delay and Prison-Conditions Objections Require Concrete, Updated Evidence and Are Not Made Out by Speculation

Date: Jul 30, 2026

TCA Surrender: Delay and Prison-Conditions Objections Require Concrete, Updated Evidence and Are Not Made Out by Speculation 1) Introduction In Minister For Justice, Home Affairs and Migration v...

Housing Act 2004 appeals against improvement notices are determined at the date of service, not the hearing date

Date: Jul 30, 2026

Housing Act 2004 appeals against improvement notices are determined at the date of service, not the hearing date 1) Introduction Case: Manaquel Company Ltd v London Borough of Lambeth [2026] EWCA Civ...

Limits on Appending District Court Transcripts to a Case Stated: Transcript Use Confined to “No Evidence” Challenges to Primary Facts

Date: Jul 30, 2026

Limits on Appending District Court Transcripts to a Case Stated: Transcript Use Confined to “No Evidence” Challenges to Primary Facts Case: Harkin v Maher (Approved) [2026] IEHC 519 (High Court,...

Non‑invalidity clauses and tenant “additional premium” duties: when a tenant’s undisclosed risk change can still found liability despite defective landlord insurance

Date: Jul 30, 2026

Non‑invalidity clauses and tenant “additional premium” duties: when a tenant’s undisclosed risk change can still found liability despite defective landlord insurance Note: The provided text states...

Specific Assurances Can Defeat Article 3 “Over‑Detention” Objections in US Extradition Where Risk Is Not Individualised

Date: Jul 30, 2026

Specific Assurances Can Defeat Article 3 “Over‑Detention” Objections in US Extradition Where Risk Is Not Individualised Case: Attorney General v Navarro (Approved) [2026] IEHC 541 Court: High Court...

Later favourable expert opinion on unchanged facts is not “special circumstances” to renew an expired protective summons after deliberate abandonment

Date: Jul 29, 2026

Later favourable expert opinion on unchanged facts is not “special circumstances” to renew an expired protective summons after deliberate abandonment 1. Introduction In Moore v Health Service...

Exceptional Circumstances and the Domestic Burglary Mandatory Minimum: Historic Priors and Caring Responsibilities Will Not Suffice Where Offending Is Repeated Against a Vulnerable Victim

Date: Jul 29, 2026

Exceptional Circumstances and the Domestic Burglary Mandatory Minimum: Historic Priors and Caring Responsibilities Will Not Suffice Where Offending Is Repeated Against a Vulnerable Victim 1)...

Separate Criminality and Totality: Consecutive Sentences for SHPO Breaches, Notification Failures and Indecent Image Offences

Date: Jul 29, 2026

Separate Criminality and Totality: Consecutive Sentences for SHPO Breaches, Notification Failures and Indecent Image Offences 1. Introduction In [2026] EWCA Crim 1123 (CACD), the Court of Appeal...

Railway Cable Theft Sentencing: Category 1 Harm and Culpability A Endorsed; Bare Basis-of-Plea Disputes Do Not Displace Proven Replacement Costs

Date: Jul 29, 2026

Railway Cable Theft Sentencing: Category 1 Harm and Culpability A Endorsed; Bare Basis-of-Plea Disputes Do Not Displace Proven Replacement Costs 1) Introduction In R v Hanlon [2026] EWCA Crim 1064,...

Needle-as-Blade and “Necessity” for Probation Reports in Dangerousness Findings: R v Burt [2026] EWCA Crim 1059

Date: Jul 29, 2026

Needle-as-Blade and “Necessity” for Probation Reports in Dangerousness Findings Case: R v Burt Neutral citation: [2026] EWCA Crim 1059 Court: Court of Appeal (Criminal Division) (Lord Justice...

Unchallenged Deportation Orders and the Okunade Test in Time‑Extension Judicial Reviews

Date: Jul 29, 2026

Unchallenged Deportation Orders and the Okunade Test in Time‑Extension Judicial Reviews 1) Introduction P.C.D v International Protectional Appeals Tribunal and Anor (Approved) [2026] IEHC 551 is a...

Sentencing Adults for Offences Committed as Very Young Children: Youth-Regime First, Not Adult-Starting-Point Discounts

Date: Jul 29, 2026

Sentencing Adults for Offences Committed as Very Young Children: Youth-Regime First, Not Adult-Starting-Point Discounts 1) Introduction R v LIJ [2026] EWCA Crim 1053 concerned the correct approach to...

Article 40 habeas corpus: immediate release where unrepresented District Court bail hearings amount to a fundamental denial of justice

Date: Jul 29, 2026

Article 40 Habeas Corpus: Immediate Release Where Unrepresented District Court Bail Hearings Amount to a Fundamental Denial of Justice 1) Introduction In McCormack and Ors v The Governor of Mountjoy...