periodic-inspection Case Commentaries

HMO Co‑operative Exemption Requires Rules that Mandate Member-Made Management Decisions (Committee Powers Defeat Schedule 14 Para 2B)

Date: Jan 15, 2026

HMO Co‑operative Exemption Requires Rules that Mandate Member-Made Management Decisions (Committee Powers Defeat Schedule 14 Para 2B) 1. Introduction Housing 35 Plus Ltd v Nottingham City Council...

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications

Date: Jan 15, 2026

Minimum-Term “Indeterminate” Telecom Contracts Are “Fixed Duration Contracts” for End-of-Commitment & Best Tariff Notifications Case: Commission for Communications Regulation v Sky Ireland Ltd...

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125

Date: Jan 15, 2026

Payment Out of Court Lodgments as a Payment on Account of Costs Under Order 99 RSC and Practice Direction HC125 1) Introduction Doyle v Buckley [Practising Under the Style and Title of J. Buckley &...

R v Price: Youth rape sentencing—YRO with ISS may be proportionate despite custodial threshold; “particularly vulnerable” and “severe psychological harm” harm factors applied narrowly

Date: Jan 15, 2026

R v Price: Youth rape sentencing—YRO with ISS may be proportionate despite custodial threshold; “particularly vulnerable” and “severe psychological harm” harm factors applied narrowly 1. Introduction...

Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders

Date: Jan 14, 2026

Section 42 Arbitration Act 1996 Extends to Enforcement of Peremptory Tribunal Anti-Suit Orders 1. Introduction LLC Eurochem North-West-2 v Tecnimont SPA & Anor concerned a focused but practically...

Unparticularised Allegations of Bias and Incoherent Appeal Grounds Cannot Sustain Recusal or Appellate Proceedings

Date: Jan 14, 2026

Unparticularised Allegations of Bias and Incoherent Appeal Grounds Cannot Sustain Recusal or Appellate Proceedings Case: Santander Consumer (UK) PLC v Young Citation: [2026] NICA 7 Court: Court of...

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order

Date: Jan 14, 2026

Strike-Out for Persistent Non-Payment of Adjudicated Costs Despite Stay: No EU/Constitutional Immunity and No Futile “Unless” Order Case: Goode Concrete v Cement Roadstone Holdings PLC and Ors...

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders

Date: Jan 14, 2026

Unlawful Ex Parte Access to In-Camera Family Law Files Vitiates CAB Proceeds of Crime Interim Orders Case: Criminal Assets Bureau v X and Y and Z (Approved) Citation: [2026] IEHC 34 Court: High Court...

Proper Provision with Inherited/Business Assets: Calibrated Intrusion, Not 50:50, and an Elective Deferred Realisation Mechanism

Date: Jan 14, 2026

Proper Provision with Inherited/Business Assets: Calibrated Intrusion, Not 50:50, and an Elective Deferred Realisation Mechanism 1) Introduction J.K.M. v L.M (ancillary reliefs; proper provision;...

“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3)

Date: Jan 13, 2026

“Costs in the Cause” Is an “Award of Costs” Under Order 99, Rule 2(3): Clarifying the Distinction from Reserved Costs on Interlocutory Motions Case: Meta Platform Ireland Ltd v The Data Protection...

Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a Pressing Exigency of Justice

Date: Jan 13, 2026

Holmes v Ireland and Ors: Presumptive Strike-Out for Post-Kirwan Inactivity Exceeding Five Years Absent a “Pressing Exigency of Justice” Citation: [2026] IEHC 2 | Court: High Court (Phelan J) | Date:...

Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company Insolvency Abuse

Date: Jan 13, 2026

Section 600 Pooling Requires a Statutory “Related Companies” Threshold (Not Mere Fund Intermingling): De Facto Director Liability, Misfeasance Remedies, and Disqualification in Multi-Company...

Protected Tenancies under the Housing (Private Rented Dwellings) Act 1982 Are Life-Only: No Vesting in the Deceased Tenant’s Estate Outside the “Relevant Period”

Date: Jan 13, 2026

Protected Tenancies under the Housing (Private Rented Dwellings) Act 1982 Are Life-Only: No Vesting in the Deceased Tenant’s Estate Outside the “Relevant Period” 1) Introduction Michael v Doody...

Return Ordered Despite a Mature Child’s Objection Where Habitual Residence Remains in the State of Origin and the Objection Narrative Shows Influence Markers

Date: Jan 13, 2026

Return Ordered Despite a Mature Child’s Objection Where Habitual Residence Remains in the State of Origin and the Objection Narrative Shows Influence Markers Case: H.I.K. v K.L.S. (in the matter of...

Section 31 LCLRA 2009: No “Just and Equitable” Power to Force Co-Owners into a Speculative Developer Option; Court Orders Open-Market Sale

Date: Jan 13, 2026

Section 31 LCLRA 2009: No “Just and Equitable” Power to Force Co-Owners into a Speculative Developer Option; Court Orders Open-Market Sale Introduction Connolly and Anor v Connolly and Anor...

Short Sexual Offence Sentences: Mandatory Consideration and Explanation of Community Disposal (Watson Not a Rigid Rule)

Date: Jan 10, 2026

Short Sexual Offence Sentences: Mandatory Consideration and Explanation of Community Disposal (Watson Not a Rigid Rule) 1. Introduction Kasak, R. v ([2026] NICA 2 (Rev1)) is a sentence appeal in the...

Limits on Cross-Case “General Directions” and Judicially-Mandated Executive Policy in Closed Proceedings

Date: Jan 9, 2026

Limits on Cross-Case “General Directions” and Judicially-Mandated Executive Policy in Closed Proceedings 1. Introduction RA & Anor, R (On the Application Of) v Secretary of State for Foreign,...

£-In-£-Out and Scope-of-Duty Limits on Solicitors’ Negligence Claims for FSMA s.26 Exposure

Date: Jan 6, 2026

£-In-£-Out and Scope-of-Duty Limits on Solicitors’ Negligence Claims for FSMA s.26 Exposure 1. Introduction Case: Afan Valley Ltd & Ors v Lupton Fawcett LLP [2026] EWCA Civ 2 Court: England and Wales...

Duffy v An Bord Pleanála & Ors [2025] IEHC 715 — “Feasibility” of Wastewater Connection under Article 297 Does Not Require Immediate Capacity; Hyperlinks Do Not Shift the Evidential Burden to the Decision-Maker

Date: Dec 31, 2025

“Feasibility” of Wastewater Connection under Article 297 Does Not Require Immediate Capacity; Hyperlinks Do Not Shift the Evidential Burden to the Decision-Maker 1. Introduction Duffy v An Bord...

Harmless Error, Irish-Language Obligations and Environmental Assessment: Commentary on Wild Ireland Defence CLG v An Coimisiún Pleanála [2025] IEHC 726

Date: Dec 24, 2025

Harmless Error, Irish-Language Obligations and Environmental Assessment: Commentary on Wild Ireland Defence CLG v An Coimisiún Pleanála [2025] IEHC 726 1. Introduction This High Court judgment,...