periodic-inspection Case Commentaries

Proper Provision where a Child has Severe Additional Needs: Prioritising an Adapted Family Home while Balancing the Other Spouse’s Accommodation and Long-Term Security

Date: Jul 29, 2026

Proper Provision where a Child has Severe Additional Needs: Prioritising an Adapted Family Home while Balancing the Other Spouse’s Accommodation and Long-Term Security 1) Introduction BW v XY (proper...

Perverting the Course of Justice: Proportionality Assessed by the Charge Faced at the Time, and a Brief Totality Statement Can Suffice

Date: Jul 29, 2026

Perverting the Course of Justice: Proportionality Assessed by the Charge Faced at the Time, and a Brief Totality Statement Can Suffice Introduction In R v Uddin [2026] EWCA Crim 1122 (CACD), the...

Reasonable-Explanation Threshold for Late Execution of Circuit Court Possession Orders under Order 36

Date: Jul 28, 2026

Reasonable-Explanation Threshold for Late Execution of Circuit Court Possession Orders under Order 36 Case: Pepper Finance Corporation (Ireland) DAC v O'Donnell & Anor (Approved) [2026] IEHC 528...

[2026] IEHC 527 — Documentary Evidence and COI Must Be Assessed Before Adverse Credibility Findings in International Protection Appeals

Date: Jul 28, 2026

Documentary Evidence and Relevant COI Must Be Assessed (and Reasons Given) Before Rejecting Credibility in International Protection Appeals 1. Introduction In A.M. (Algeria) v The International...

Interlocutory Vacant Possession Against an Overholding Tenant: “Strong Case” and Balance of Justice Where Rent Is Unpaid and the Tenant Profits from Unauthorised Occupation

Date: Jul 28, 2026

Interlocutory Vacant Possession Against an Overholding Tenant: “Strong Case” and Balance of Justice Where Rent Is Unpaid and the Tenant Profits from Unauthorised Occupation 1. Introduction In Kaifan...

Civil Penalty Notices for Illegal Working Must Identify the Specific Statutory Ground of Liability

Date: Jul 28, 2026

Civil Penalty Notices for Illegal Working Must Identify the Specific Statutory Ground of Liability Introduction In Akbars Restaurant (Middlesborough) Limited v Secretary of State for the Home...

Objective Acknowledgment Under s.29(5) Limitation Act 1980: Misdescribed Liability May Still Restart Time Where Context Identifies the Only Possible Claim

Date: Jul 25, 2026

Objective Acknowledgment Under s.29(5) Limitation Act 1980: Misdescribed Liability May Still Restart Time Where Context Identifies the Only Possible Claim 1. Introduction In Al Othman Holding Company...

Non-therapeutic Male Circumcision: the “Competent Non‑Medical Circumciser” Safety Standard and Totality in Sentencing

Date: Jul 25, 2026

Non-therapeutic Male Circumcision: the “Competent Non‑Medical Circumciser” Safety Standard and Totality in Sentencing 1. Introduction Alazawi v R [2026] EWCA Crim 947 is a significant Court of Appeal...

When a “Final Hearing” is a “Trial”: CPR 32.10 Applies to Trial-Style Determinations of Part 23 Applications

Date: Jul 25, 2026

When a “Final Hearing” is a “Trial”: CPR 32.10 Applies to Trial-Style Determinations of Part 23 Applications 1) Introduction In Health and Home Ltd & Ors v Elite Property Holdings Ltd & Ors [2026]...

Exhaustion of Circuit Court Rehearing Appeals Before Judicial Review of District Court Orders Annuling Statutory Notices

Date: Jul 25, 2026

Exhaustion of Circuit Court Rehearing Appeals Before Judicial Review of District Court Orders Annuling Statutory Notices 1) Introduction In Minister For Agriculture Food and The Marine v Fitzgerald...

Reduction of Undefended Divorce Decrees: Whole-Circumstances Test and the Need for a Non‑Speculative Financial Provision Claim

Date: Jul 25, 2026

Reduction of Undefended Divorce Decrees: Whole-Circumstances Test and the Need for a Non‑Speculative Financial Provision Claim 1) Introduction In [2026] CSOH 69 (Outer House, Court of Session), Lord...

Bad Character Evidence: Prior Perverting-the-Course-of-Justice Conviction Admissible Where the Defendant Alleges Investigative/Prosecutorial Misconduct

Date: Jul 25, 2026

Bad Character Evidence: Prior Perverting-the-Course-of-Justice Conviction Admissible Where the Defendant Alleges Investigative/Prosecutorial Misconduct 1) Introduction In Oppong, R. v [2026] EWCA...

Defective Representation Requires Non‑Presentation of the Defence; Section 275 Requires Specificity (Scotland)

Date: Jul 25, 2026

Defective Representation Requires Non‑Presentation of the Defence; Section 275 Applications Must Identify Specific Occurrences and Material 1) Introduction In [2026] HCJAC 28 (Appeal Court, High...

Anti-suit injunctions to protect Commercial Court case-management: restricting foreign §1782 discovery that undermines cost-minimisation

Date: Jul 25, 2026

Anti-suit injunctions to protect Commercial Court case-management: restricting foreign §1782 discovery that undermines cost-minimisation Case: Goldstein Property ICAV v RELM Loan Opportunities 2...

Certification to Appeal Refused: Fact-Specific Oral-Hearing Fairness Findings in IPAT Appeals Do Not Meet the “Exceptional Public Importance” Threshold

Date: Jul 25, 2026

Certification to Appeal Refused: Fact-Specific Oral-Hearing Fairness Findings in IPAT Appeals Do Not Meet the “Exceptional Public Importance” Threshold 1) Introduction This decision of the High Court...

WFD “Best Available Monitoring Data” Duty and Re-examination of Ireland’s EIA “Preliminary Examination” for Sub-threshold Housing

Date: Jul 25, 2026

WFD “Best Available Monitoring Data” Duty and Re-examination of Ireland’s EIA “Preliminary Examination” for Sub-threshold Housing Case: Shorten v An Coimisiun Pleanala and Ors (Approved) [2026] IEHC...

Domestic abuse ABH sentencing: justified uplift and when failure to tick every suspension factor is cured by appellate cross-check

Date: Jul 25, 2026

Domestic abuse ABH sentencing: justified uplift and when failure to tick every suspension factor is cured by appellate cross-check 1) Introduction In R v Nagy [2026] EWCA Crim 1120, the Court of...

Section 117C(6): Severe Child Autism and Primary Care Realities Can Amount to “Very Compelling Circumstances”; Limited Role for OASys Risk Predictions

Date: Jul 24, 2026

Section 117C(6): Severe Child Autism and Primary Care Realities Can Amount to “Very Compelling Circumstances”; Limited Role for OASys Risk Predictions Case: Secretary of State for the Home Department...

Cross-examination in Judicial Review where Credibility Drives Standing and Extension of Time

Date: Jul 24, 2026

Cross-examination in Judicial Review where Credibility Drives Standing and Extension of Time 1) Introduction In Z. M. v The Minister for Justice, Home Affairs and Migration (Approved) [2026] IEHC...

Section 3 of the 2013 Act: Circuit Court Jurisdiction Turns on Principal Private Residence Status When Proceedings Issue

Date: Jul 24, 2026

Section 3 of the 2013 Act: Circuit Court Jurisdiction Turns on Principal Private Residence Status When Proceedings Issue 1) Introduction In [2026] IEHC 529, Ms Justice Marguerite Bolger determined a...