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  • Commentaries

Northern Ireland Case Commentaries

The Exceptional Threshold for Setting Aside Administration Orders and the Effect of Pensions Regulator Vesting Orders: Commentary on Incartus Ltd (In Administration) [2025] NICA 58

The Exceptional Threshold for Setting Aside Administration Orders and the Effect of Pensions Regulator Vesting Orders: Commentary on Incartus Ltd (In Administration) [2025] NICA 58

Date: Nov 22, 2025
The Exceptional Threshold for Setting Aside Administration Orders and the Effect of Pensions Regulator Vesting Orders: Commentary on Incartus Ltd (In Administration) [2025] NICA 58 1. Introduction...
Acquiescence by Open Litigation Conduct: NICA holds that counsel‑endorsed position papers and a draft order conceding jurisdiction amount to clear and irrevocable Article 13(1)(a) acquiescence

Acquiescence by Open Litigation Conduct: NICA holds that counsel‑endorsed position papers and a draft order conceding jurisdiction amount to clear and irrevocable Article 13(1)(a) acquiescence

Date: Nov 19, 2025
Acquiescence by Open Litigation Conduct: NICA holds that counsel‑endorsed position papers and a draft order conceding jurisdiction amount to clear and irrevocable Article 13(1)(a) acquiescence...
Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal

Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal

Date: Oct 17, 2025
Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal Introduction In Carson v...
R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending

R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending

Date: Oct 11, 2025
R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending Reporting...
Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up hearings

Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up hearings

Date: Oct 9, 2025
Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up...
New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50

New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50

Date: Oct 4, 2025
New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50 Case:...
Culpability and Mens Rea in “Allowing” under s.5 DVCVA: Guilty Plea Fixes Objective Awareness; Exceptional Mitigation for Parental Status Rejected — Commentary on AD [2025] NICA 48

Culpability and Mens Rea in “Allowing” under s.5 DVCVA: Guilty Plea Fixes Objective Awareness; Exceptional Mitigation for Parental Status Rejected — Commentary on AD [2025] NICA 48

Date: Oct 4, 2025
Culpability and Mens Rea in “Allowing” under s.5 DVCVA: Guilty Plea Fixes Objective Awareness; Exceptional Mitigation for Parental Status Rejected — Commentary on AD [2025] NICA 48 Key takeaways A...
From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter

From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter

Date: Oct 1, 2025
From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter Introduction This commentary analyses the Court of...
Irvine: Exceptional Circumstances and Firearms Minimum Sentences—Good Character and Community Service Are Not Enough

Irvine: Exceptional Circumstances and Firearms Minimum Sentences—Good Character and Community Service Are Not Enough

Date: Sep 25, 2025
Irvine: Exceptional Circumstances and Firearms Minimum Sentences—Good Character and Community Service Are Not Enough Introduction In The King v Winston Irvine [2025] NICA 45, the Court of Appeal in...
Modified Universalism Within the UK: Discretion to Apply Scots Insolvency Law to Northern Irish Assets Under s 426 Insolvency Act 1986 — MacLennan v Walkington [2025] NICA 47

Modified Universalism Within the UK: Discretion to Apply Scots Insolvency Law to Northern Irish Assets Under s 426 Insolvency Act 1986 — MacLennan v Walkington [2025] NICA 47

Date: Sep 24, 2025
Modified Universalism Within the UK: Discretion to Apply Scots Insolvency Law to Northern Irish Assets Under s 426 Insolvency Act 1986 Case: MacLennan v Walkington [2025] NICA 47 Court: Court of...
MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the headline offence

MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the headline offence

Date: Sep 24, 2025
MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the...
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...
Diaz (NICA): Abuse of the Common Travel Area is an Aggravating Factor and England & Wales Section 25 Sentencing Principles Apply in Northern Ireland

Diaz (NICA): Abuse of the Common Travel Area is an Aggravating Factor and England & Wales Section 25 Sentencing Principles Apply in Northern Ireland

Date: Sep 13, 2025
Diaz (NICA): Abuse of the Common Travel Area is an Aggravating Factor and England & Wales Section 25 Sentencing Principles Apply in Northern Ireland Case: The King v Eric Diaz [2025] NICA 52 (Court...
“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...
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