periodic-inspection Case Commentaries

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....

Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing

Date: Dec 11, 2025

Pysz v An Garda Síochána [2025] IEHC 698: Good‑Faith Immunity, Public‑Place Seizures, and Evidentiary Thresholds for Allegations of Discriminatory Policing 1. Introduction This commentary examines...

Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly v McGovern [2025] IEHC 704

Date: Dec 11, 2025

Heightened Application of Kirwan Delay Principles to Appeals: Commentary on O'Kelly (Estate of O'Kelly) v McGovern (Estate of McGovern) [2025] IEHC 704 1. Introduction This commentary examines the...

MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review

Date: Dec 11, 2025

MT v International Protection Appeals Tribunal: Extensions of Time, Credibility and Duty of Candour in International Protection Judicial Review 1. Introduction This commentary examines the High Court...

McDaid v Monaghan County Council: Public Roads, Private Farm Lanes and the Limits of the Presumption of Regularity

Date: Dec 11, 2025

McDaid v Monaghan County Council: Public Roads, Private Farm Lanes and the Limits of the Presumption of Regularity 1. Introduction 1.1 Background and Parties This case concerns a short but legally...

Discovery of Third‑Party Complaints in Fraud-Based Product Defect Litigation: Commentary on KC Capital Property Group Ltd v Keegan Quarries Ltd [2025] IEHC 677

Date: Dec 11, 2025

Discovery of Third‑Party Complaints in Fraud-Based Product Defect Litigation: Commentary on KC Capital Property Group Ltd v Keegan Quarries Ltd [2025] IEHC 677 1. Introduction This Commercial Court...

Egregious Solicitor Misconduct, the “Special Circumstances” Gateway, and Renewal of a Lapsed Summons: Commentary on Galvin v Sharif & DePuy [2025] IEHC 680

Date: Dec 11, 2025

Egregious Solicitor Misconduct, the “Special Circumstances” Gateway, and Renewal of a Lapsed Summons: Commentary on Galvin v Sharif & DePuy [2025] IEHC 680 1. Introduction This commentary examines...

Clear Non‑Contest Clauses and Waiver of Judicial Remedies in Cross‑Border Security Enforcement: Commentary on UNIK Bond SA v Catbalogan Holdings SARL [2025] EWCA Civ 1594

Date: Dec 11, 2025

Clear Non‑Contest Clauses and Waiver of Judicial Remedies in Cross‑Border Security Enforcement Commentary on UNIK Bond SA v Catbalogan Holdings SARL [2025] EWCA Civ 1594 1. Introduction 1.1. The core...

The Duty to Co‑Operate and to Await Timely Medical Evidence in Accelerated “Safe Country” Asylum Procedures: Commentary on EL (Georgia) v Chief International Protection Officer [2025] IEHC 690

Date: Dec 11, 2025

The Duty to Co‑Operate and to Await Timely Medical Evidence in Accelerated “Safe Country” Asylum Procedures: Commentary on EL (Georgia) v Chief International Protection Officer [2025] IEHC 690 1....