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  • Commentaries

Northern Ireland Case Commentaries

McAleenon (NICA): No Duty on NIEA/DAERA to Set Lifetime H2S Standards; Councils’ “Reasonably Practicable” Investigation Duty Reviewed on Rationality

McAleenon (NICA): No Duty on NIEA/DAERA to Set Lifetime H2S Standards; Councils’ “Reasonably Practicable” Investigation Duty Reviewed on Rationality

Date: Sep 17, 2025
McAleenon v LCCC (NICA): No Duty to Set Lifetime H2S Standards and a Discretionary, Rationality‑Reviewed Duty to Investigate Statutory Nuisance Introduction This Court of Appeal in Northern Ireland...
Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla — Commentary on Maksymowicz [2025] NICA 42

Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla — Commentary on Maksymowicz [2025] NICA 42

Date: Sep 13, 2025
Sentencing in Domestic Murder: Court of Appeal Confirms Discretionary Plea Discount (cap at one‑sixth) and Non‑Arithmetical Methodology post‑Whitla Introduction This commentary examines the Court of...
“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children

“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children

Date: Aug 13, 2025
“Recalibrating Culpability” – The WF Principle on Sentencing Adults for Sexual Offences Committed as Children 1. Introduction In WF, R. v ([2025] NICA 39) the Court of Appeal in Northern Ireland...
Stewart v R ([2025] NICA 36):  The “Residual-Jurisdiction” Ceiling – Finality, Fresh Evidence and Late Sentence Appeals

Stewart v R ([2025] NICA 36): The “Residual-Jurisdiction” Ceiling – Finality, Fresh Evidence and Late Sentence Appeals

Date: Jun 30, 2025
Stewart v R ([2025] NICA 36): The “Residual-Jurisdiction” Ceiling – Finality, Fresh Evidence and Late Sentence Appeals Introduction Hazel Stewart’s notoriety stems from her conviction in 2011 for the...
Lucas v Eurocoach (NI) Ltd:  The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act 1995

Lucas v Eurocoach (NI) Ltd: The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act 1995

Date: Jun 23, 2025
Lucas v Eurocoach (NI) Ltd: The Court of Appeal Re-states the Elevated Threshold for Overturning Employment Tribunal Findings and Clarifies Time-Limit Analysis under the Disability Discrimination Act...
CD v R [2025] NICA 34 –  When Missing Words Do Not Miscarry Justice:  The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions

CD v R [2025] NICA 34 – When Missing Words Do Not Miscarry Justice: The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions

Date: Jun 23, 2025
CD v R [2025] NICA 34 – When Missing Words Do Not Miscarry Justice: The Non-Fatal Omission of “or mainly” in Right-to-Silence Directions 1. Introduction CD v R ([2025] NICA 34) is a Court of Appeal...
Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40

Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40

Date: Jun 21, 2025
Sentencing, Family Hardship, and Double-Counting: The Clarified Boundaries in R v Quinn [2025] NICA 40 Introduction Court: Court of Appeal in Northern Ireland | Date: 20 June 2025 Coram: Keegan LCJ,...
Sentencing Autonomy and Elevated Benchmarks for Predatory Child-Sexual Offences in Northern Ireland – Commentary on Costar v R [2025] NICA 37

Sentencing Autonomy and Elevated Benchmarks for Predatory Child-Sexual Offences in Northern Ireland – Commentary on Costar v R [2025] NICA 37

Date: Jun 21, 2025
Sentencing Autonomy and Elevated Benchmarks for Predatory Child-Sexual Offences in Northern Ireland Commentary on Costar v R [2025] NICA 37 1. Introduction In Costar v R the Court of Appeal in...
Reaffirming the Newton Hearing Framework: The Duty to Give Reasoned Rulings on Disputed Facts at Sentencing

Reaffirming the Newton Hearing Framework: The Duty to Give Reasoned Rulings on Disputed Facts at Sentencing

Date: Jun 21, 2025
Reaffirming the Newton Hearing Framework: The Duty to Give Reasoned Rulings on Disputed Facts at Sentencing 1. Introduction The Court of Appeal in Northern Ireland, in Weir, R. v ([2025] NICA 38),...
McFerran v O'Connor – Re-affirming the “Just and Convenient” Test for Split Trials in Complex Personal-Injury Actions

McFerran v O'Connor – Re-affirming the “Just and Convenient” Test for Split Trials in Complex Personal-Injury Actions

Date: Jun 19, 2025
McFerran v O'Connor – Re-affirming the “Just and Convenient” Test for Split Trials in Complex Personal-Injury Actions Introduction In McFerran v O’Connor ([2025] NICA 35) the Court of Appeal in...
Limiting Personal Mitigation and Clarifying Sentence Ranges in Historic Child-Sex Penetration Cases – Commentary on R v Anderson [2025] NICA 33

Limiting Personal Mitigation and Clarifying Sentence Ranges in Historic Child-Sex Penetration Cases – Commentary on R v Anderson [2025] NICA 33

Date: Jun 13, 2025
Limiting Personal Mitigation and Clarifying Sentence Ranges in Historic Child-Sex Penetration Cases – Commentary on R v Anderson [2025] NICA 33 Introduction The Northern Ireland Court of Appeal’s...
Temporal Limits of Article 2 ECHR Investigative Obligation Defined

Temporal Limits of Article 2 ECHR Investigative Obligation Defined

Date: Jun 11, 2025
Temporal Limits of Article 2 ECHR Investigative Obligation Defined: Exclusion of Legacy Inquests Beyond the Twelve-Year Threshold Introduction This commentary examines the Court of Appeal in Northern...
Ensuring Needs-Based Analysis and Remittal in Ancillary Relief: B v B [2025] NICA 27

Ensuring Needs-Based Analysis and Remittal in Ancillary Relief: B v B [2025] NICA 27

Date: May 29, 2025
Ensuring Needs-Based Analysis and Remittal in Ancillary Relief: B v B [2025] NICA 27 Introduction B v B ([2025] NICA 27) is a decision of the Court of Appeal in Northern Ireland addressing the...
Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29

Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29

Date: May 24, 2025
Defining the Boundaries of Unduly Lenient Sentence References in Sexual Offences: R v Beckett [2025] NICA 29 1. Introduction R v Beckett [2025] NICA 29 concerns a reference brought by the Director of...
Coroner’s Duty to Review Witness Anonymity Before Inquest Closure and the Scope of Functus Officio

Coroner’s Duty to Review Witness Anonymity Before Inquest Closure and the Scope of Functus Officio

Date: May 14, 2025
Coroner’s Duty to Review Witness Anonymity Before Inquest Closure and the Scope of Functus Officio Introduction This appeal arises from William Thompson’s application for judicial review challenging...
EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements

EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements

Date: May 13, 2025
EF v A Health And Social Care Trust: Triggering Appeal Time from Court Order Filing and Discretion in Contact Arrangements Introduction The Court of Appeal in Northern Ireland handed down its...
Clarifying “Special Qualifications and Experience” Under Regulation 8(5): Threshold for Solicitor Student Registration in Northern Ireland

Clarifying “Special Qualifications and Experience” Under Regulation 8(5): Threshold for Solicitor Student Registration in Northern Ireland

Date: May 10, 2025
Clarifying “Special Qualifications and Experience” Under Regulation 8(5): Threshold for Solicitor Student Registration in Northern Ireland Introduction This commentary examines the Court of Appeal...
Termination of Licence on Death and Non-Tenancy Rights of Licensee’s Invitee: Clarification in The Trustee of the Roman Catholic Parish of Larne v Yanga

Termination of Licence on Death and Non-Tenancy Rights of Licensee’s Invitee: Clarification in The Trustee of the Roman Catholic Parish of Larne v Yanga

Date: May 9, 2025
Termination of Licence on Death and Non-Tenancy Rights of Licensee’s Invitee: Clarification in The Trustee of the Roman Catholic Parish of Larne v Yanga Introduction This case, The Trustee of the...
“Helper-Adjustment” Sentencing Principle in Customs & Excise Fraud: Commentary on McDonnell, R. v ([2025] NICA 82)

“Helper-Adjustment” Sentencing Principle in Customs & Excise Fraud: Commentary on McDonnell, R. v ([2025] NICA 82)

Date: May 9, 2025
“Helper-Adjustment” Sentencing Principle in Customs & Excise Fraud: Commentary on McDonnell, R. v ([2025] NICA 82) 1. Introduction The Court of Appeal in Northern Ireland, comprised of Higgins LJ,...
Revocation of Good Friday Agreement Licence Extinguishes TRO Exemption under MARA — McWilliams v Department of Justice [2025] NICA 23

Revocation of Good Friday Agreement Licence Extinguishes TRO Exemption under MARA — McWilliams v Department of Justice [2025] NICA 23

Date: Apr 12, 2025
Revocation of Good Friday Agreement Licence Extinguishes TRO Exemption under MARA: McWilliams v Department of Justice [2025] NICA 23 Introduction In McWilliams v The Department of Justice [2025] NICA...
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