periodic-inspection Case Commentaries

EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches)

Date: Jan 27, 2026

EHCPs Must Be Maintained for Children Ordinarily Resident in the Authority’s Area Despite Temporary Overseas Absence (and FTT May Set Aside Cessation for Reg 31 Breaches) 1. Introduction Hampshire...

Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay

Date: Jan 27, 2026

Staying Third-Party Costs Order Applications Pending Detailed Assessment: “Interests of Justice”, Not a Presumption Against a Stay 1. Introduction The Federal Republic of Nigeria v VR Global Partners...

Foran v An Coimisiún Pleanála: Evidence, “Have Regard”, and Climate-Consistency Challenges in Planning JR

Date: Jan 24, 2026

Foran v An Coimisiún Pleanála: Evidence, “Have Regard”, and Climate-Consistency Challenges in Planning Judicial Review 1) Introduction Foran v An Coimisiún Pleanála & Glenveagh [2026] IEHC 23 is a...

Dangerousness and Extended Determinate Sentences: Index-Offence Facts Can Suffice and Appellate Courts Defer to Trial-judge Assessment (R. v Short)

Date: Jan 24, 2026

Dangerousness and Extended Determinate Sentences: Index-Offence Facts Can Suffice and Appellate Courts Defer to Trial-judge Assessment 1. Introduction R. v Short ([2026] EWCA Crim 77) concerns an...

Relocation as Welfare Evaluation: “Entirely Successful” (s.169 LSRA 2015) Not Read as Win/Lose; Default No-Costs Approach in Child-Centred Family Proceedings

Date: Jan 24, 2026

Relocation as Welfare Evaluation: “Entirely Successful” (s.169 LSRA 2015) Not Read as Win/Lose; Default No-Costs Approach in Child-Centred Family Proceedings Case: D v D [No. 2] (Approved) |...

Primacy of Will-and-Preferences and Least-Restrictive Support: Independent Co-Decision-Maker Preferred over a DMR on a s.55 Discharge Application

Date: Jan 24, 2026

Primacy of Will-and-Preferences and Least-Restrictive Support: Independent Co-Decision-Maker Preferred over a DMR on a s.55 Discharge Application 1. Introduction In the Matter of D [A Ward of Court]...

Section 56(5) YJCEA 1999: Unsworn Evidence Given in Error Does Not, Without More, Render a Conviction Unsafe

Date: Jan 24, 2026

Section 56(5) YJCEA 1999: Unsworn Evidence Given in Error Does Not, Without More, Render a Conviction Unsafe 1. Introduction R. v Giscombe ([2026] EWCA Crim 82) concerned an application for leave to...

Tailored Costs Orders for Collapsed Loss-of-Earnings Claims in Personal Injury Actions (s.169 LSRA 2015)

Date: Jan 24, 2026

Tailored Costs Orders for Collapsed Loss-of-Earnings Claims in Personal Injury Actions (s.169 LSRA 2015) Case: Higgins v Coleman and Anor (Approved) Citation: [2026] IEHC 144 Court: High Court of...

Conflict-of-Interest Misconduct After a Partly Successful SDT Appeal: Censure and “No Order” Costs Where Dishonesty Allegations Fall Away

Date: Jan 24, 2026

Conflict-of-Interest Misconduct After a Partly Successful SDT Appeal: Censure and “No Order” Costs Where Dishonesty Allegations Fall Away 1. Introduction O'Callaghan v Nirvanna Property Holdings Ltd...

“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision

Date: Jan 23, 2026

“Implement” in s.151 GLA Act 1999 Means Implement and Retain: London Boroughs Must Not Act Inconsistently with an Approved LIP Without a Statutory Revision 1. Introduction Hawes, R (On the...

ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify

Date: Jan 23, 2026

ESA Abroad: Regulation 153 Requires Pre‑Arranged, Professionally Provided/Supervised Treatment; Sunlight “Therapy” and Travel/Living Arrangements Do Not Qualify 1. Introduction Secretary of State for...

Long‑Term Concealment as “Significant Planning or Premeditation” Justifying an Uplift from the Schedule 21 Starting Point

Date: Jan 23, 2026

Long‑Term Concealment as “Significant Planning or Premeditation” Justifying an Uplift from the Schedule 21 Starting Point 1. Introduction Teo, R. v [2026] EWCA Crim 134 is a sentencing decision of...

Strict Approach to Late Criminal Appeals: Tactical Defence Decisions, “Fresh Evidence” and the Extension-of-Time Test

Date: Jan 23, 2026

Strict Approach to Late Criminal Appeals: Tactical Defence Decisions, “Fresh Evidence” and the Extension-of-Time Test Case: OGM, R. v Neutral citation: [2026] EWCA Crim 74 Court: Court of Appeal...

Caregiving and Health Mitigation Rarely Displaces Extended Sentences for Dangerous Child Sexual Offending

Date: Jan 23, 2026

Caregiving and Health Mitigation Rarely Displaces Extended Sentences for Dangerous Child Sexual Offending 1) Introduction In [2026] EWCA Crim 214, the Court of Appeal (Criminal Division) considered a...

Totality in Sequential Sentencing: “Equivalent Sentence” Assessment by Release-Date Impact

Date: Jan 23, 2026

Totality in Sequential Sentencing: “Equivalent Sentence” Assessment by Release-Date Impact 1. Introduction R. v Voka ([2026] EWCA Crim 211) is a decision of the Court of Appeal (Criminal Division)...

Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing

Date: Jan 22, 2026

Redacted Global Transfer Deeds Are Insufficient Proof of Mortgage-Debt Ownership in Summary Possession Appeals: Remittal to Plenary Hearing 1) Introduction Pepper Finance Corporation (Ireland)...

Age-Assessment Judicial Review Not Academic Where the Finding May Have Ongoing Practical Consequences

Date: Jan 22, 2026

Age-Assessment Judicial Review Not Academic Where the Finding May Have Ongoing Practical Consequences 1. Introduction Dastan Ibrahimi against Glasgow City Council ([2026] CSIH 4) is an Inner House...

Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim

Date: Jan 22, 2026

Foreign Bankruptcy Re-vesting Must Be Proved (as Foreign Law) in Summary Mortgage Possession, and Post-Default Payments Do Not Found Estoppel; Execution May Be Stayed Pending a Related Plenary Claim...

Neiser v Leinster Senior College Ltd [2026] IEHC 15 — Dismissal for Post-Warning Inactivity and Cumulative Delay Exceeding Five Years

Date: Jan 22, 2026

Neiser v Leinster Senior College Ltd [2026] IEHC 15: Post-Warning Inactivity and Five-Year Cumulative Inactivity Justify Dismissal for Delay 1. Introduction Neiser v Leinster Senior College Ltd...

Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute

Date: Jan 22, 2026

Objective-Credibility “Papers-Only” Appeals: When IPAT May Refuse an Oral Hearing Under s.43(b) Despite Credibility Dispute Case: K.S. v The International Protection Appeals Tribunal and Anor [2026]...