periodic-inspection Case Commentaries

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490

Date: Oct 22, 2025

Reserved Lifetime Residence and Income Create “Settled Property” for CGT: High Court Reaffirms Keegan in O’Dwyer v Revenue Commissioners [2025] IEHC 490 Introduction In O’Dwyer v The Revenue...

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data

Date: Oct 22, 2025

“Reasonably Required” Means Already Known: High Court Clarifies that a Valid s.865 TCA Repayment Claim May Rely on Revenue-Held PAYE Data Introduction In McNamara [Deceased] v The Revenue...

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders

Date: Oct 22, 2025

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders Introduction This commentary examines the England and Wales Court of...

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts

Date: Oct 22, 2025

Cummer Coaches: Scheduled Public Bus Services Are Not “Qualifying Persons” for Touring Coach VAT Refunds; “Contracts for Group Transport” Means Multiple Group-Tourist Contracts Introduction This...

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying

Date: Oct 22, 2025

Egregious contempt and retention intentions do not bar restorative orders: High Court mandates full remediation under s.160 for intensified unauthorised quarrying Case: Bencik & Anor v Hilltop...

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified in SAG v Governing Body of Winchmore School [2025] EWCA Civ 1335

Date: Oct 22, 2025

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified Case: SAG, R (On the...

Onuzi v SSHD: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to naturalisation

Date: Oct 22, 2025

Onuzi v Secretary of State for the Home Department [2025] EWCA Civ 1337: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to...

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme

Date: Oct 22, 2025

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme...

JK [2025] EWCA Civ 1309 — Local authorities may use the parens patriae jurisdiction to secure a British child’s return from a non‑Contracting State notwithstanding an intention to issue care proceedings (Re M “sufficiently compelling” test affirmed; FLA 1986 largely irrelevant)

Date: Oct 22, 2025

JK [2025] EWCA Civ 1309: Local authorities can secure a British child’s return under the inherent jurisdiction even where care proceedings are intended; Family Law Act 1986 largely irrelevant to...

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO

Date: Oct 22, 2025

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO Introduction This commentary examines the Court of Appeal’s judgment in...

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items

Date: Oct 22, 2025

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items Introduction This Court of Appeal decision...

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel

Date: Oct 22, 2025

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel...

Ammori v SSHD: Deproscription/POAC is not an alternative to judicial review of an initial proscription; and respondents must meet CPR 52.8’s seven‑day limit when seeking permission to appeal refused JR grounds

Date: Oct 22, 2025

New Principle: Initial Proscription Orders Are Directly Reviewable in the Administrative Court; Deproscription/POAC is not an available or adequate alternative remedy. CPR 52.8’s seven‑day time limit...

Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8

Date: Oct 22, 2025

Balgova: Non‑standard Art. 2(2) EAW Categories Trigger a Correspondence Assessment; Caregiver Hardship Alone Insufficient to Defeat Surrender under Article 8 Introduction This High Court decision in...

R v Mardan [2025] EWCA Crim 1469 – Flexible Application of Criminal Practice Direction 26M in Low‑Grade Jury Intimidation

Date: Oct 22, 2025

R v Mardan [2025] EWCA Crim 1469 – Flexible Application of Criminal Practice Direction 26M in Low‑Grade Jury Intimidation 1. Introduction The decision in R v Mardan [2025] EWCA Crim 1469 concerns a...

Arson Sentencing: Mental Disorder Must Be Evidenced to Reduce Culpability; Blame-Shifting Lies Not Aggravating Absent Consequences

Date: Oct 22, 2025

Arson Sentencing: Mental Disorder Must Be Evidenced to Reduce Culpability; Blame-Shifting Lies Not Aggravating Absent Consequences 1) Introduction Aldrich, R. v ([2025] EWCA Crim 1415) is a sentence...

Hybrid Orders for Diminished-Responsibility Manslaughter: Penal Element and Public Protection Can Justify s45A over s37/41 Despite Unanimous Hospital-Order Criteria

Date: Oct 22, 2025

Hybrid Orders for Diminished-Responsibility Manslaughter: Penal Element and Public Protection Can Justify s45A over s37/41 Despite Unanimous Hospital-Order Criteria 1) Introduction In R v Turner...

Name Change Is Not a Transfer: Standing of a Renamed Registered Mortgagee to Seek Possession under s.62(7) RTA 1964 — Commentary on Pepper Finance Corporation (Ireland) DAC v Moynihan & Halpin [2025] IEHC 577

Date: Oct 22, 2025

Name Change Is Not a Transfer: Standing of a Renamed Registered Mortgagee to Seek Possession under s.62(7) of the Registration of Title Act 1964 Introduction This commentary examines the High Court...

Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be Strictly Scrutinised

Date: Oct 22, 2025

Clarke v Pepper Finance (IEHC 564, 2025): Absence of Vehicular Access Is Not “Landlock”; Receivers Must Market “Warts and All,” and Borrowers’ Undertakings in Investment Property Cases Will Be...

No Proxy Remittances: Applicant-linked, year-by-year proof of residence required under the Long‑Term Undocumented Migrants Scheme — Commentary on VM v Minister for Justice [2025] IEHC 574

Date: Oct 22, 2025

No Proxy Remittances: Applicant-linked, year-by-year proof of residence required under the Long‑Term Undocumented Migrants Scheme Commentary on VM v The Minister for Justice [2025] IEHC 574 (High...