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  • Commentaries

Northern Ireland Case Commentaries

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...
No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework

No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework

Date: Apr 11, 2025
No Judicial Review of Asylum Prosecutions: Reaffirming the Kebeline Principle and Section 31 Defence under the Windsor Framework Introduction This commentary examines the Court of Appeal in Northern...
Clarifying the Scope of Discovery in Contractual Guarantee Disputes: The Rule 7 Relevance Principle in Short Brothers PLC v AAR Corp

Clarifying the Scope of Discovery in Contractual Guarantee Disputes: The Rule 7 Relevance Principle in Short Brothers PLC v AAR Corp

Date: Apr 5, 2025
Clarifying the Scope of Discovery in Contractual Guarantee Disputes: The Rule 7 Relevance Principle in Short Brothers PLC v AAR Corp Introduction Short Brothers PLC v AAR Corp ([2025] NICA 18) was...
Clarifying Appeals from Interlocutory Orders: Leave and Timeliness under the Judicature (NI) Act 1978

Clarifying Appeals from Interlocutory Orders: Leave and Timeliness under the Judicature (NI) Act 1978

Date: Apr 5, 2025
Clarifying Appeals from Interlocutory Orders: Leave and Timeliness under the Judicature (NI) Act 1978 1. Introduction This commentary examines the Court of Appeal’s decision in Patterson & Anor v...
The Imperative of Formality: Police Discretion in Varying Pre-Charge Bail Surrender Arrangements under Article 48 PACE

The Imperative of Formality: Police Discretion in Varying Pre-Charge Bail Surrender Arrangements under Article 48 PACE

Date: Apr 5, 2025
The Imperative of Formality: Police Discretion in Varying Pre-Charge Bail Surrender Arrangements under Article 48 PACE 1. Introduction This commentary examines the Court of Appeal in Northern...
Anderson & Anderson: Post‑Whitla Murder Sentencing Clarified — Judges must state intent (kill vs GBH), address non‑technical provocation, avoid double counting; youth alone does not lower the starting point; delay reductions require culpable delay

Anderson & Anderson: Post‑Whitla Murder Sentencing Clarified — Judges must state intent (kill vs GBH), address non‑technical provocation, avoid double counting; youth alone does not lower the starting point; delay reductions require culpable delay

Date: Apr 5, 2025
Anderson & Anderson: Post‑Whitla Murder Sentencing Clarified — Judges must state intent (kill vs GBH), address non‑technical provocation, avoid double counting; youth alone does not lower the...
Mandating Public Inquiries to Fulfill Article 2 ECHR Obligations: Brown v SOSNI ([2025] NICA 16) Commentary

Mandating Public Inquiries to Fulfill Article 2 ECHR Obligations: Brown v SOSNI ([2025] NICA 16) Commentary

Date: Apr 4, 2025
Mandating Public Inquiries to Fulfill Article 2 ECHR Obligations: Brown v SOSNI ([2025] NICA 16) Commentary 1. Introduction Brown v Secretary of State for Northern Ireland ([2025] NICA 16) arises...
New Precedent on McKenzie Friend Application Requirements and Procedural Compliance

New Precedent on McKenzie Friend Application Requirements and Procedural Compliance

Date: Mar 11, 2025
New Precedent on McKenzie Friend Application Requirements and Procedural Compliance Introduction The judgment in Patterson & Anor v Rathfriland Farmers Co-Operative Society Ltd (Ruling: McKenzie...
New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor

New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor

Date: Mar 1, 2025
New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor Introduction The judgment in Ruddy, R. v ([2025] NICA 13) by the Court of Appeal in Northern Ireland establishes a...
Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22

Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22

Date: Mar 1, 2025
Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22 Introduction King v Adam Potts ([2025] NICA 22) is a landmark decision of the Court of Appeal in...
Reynolds v Chief Constable of the PSNI – Court of Appeal confirms that vehicle occupants fall within “persons in the specified area or place” and that delay in implementing Code-based community-monitoring does not vitiate Schedule 3 stop-and-search powers

Reynolds v Chief Constable of the PSNI – Court of Appeal confirms that vehicle occupants fall within “persons in the specified area or place” and that delay in implementing Code-based community-monitoring does not vitiate Schedule 3 stop-and-search powers

Date: Feb 28, 2025
Vehicle Occupants, Suspicion-less Searches and the Force of Codes: A Commentary on Reynolds, Application for Judicial Review ([2025] NICA 28) Introduction The Court of Appeal in Northern Ireland...
Trimble v Cassidy: Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen

Trimble v Cassidy: Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen

Date: Feb 27, 2025
Trimble & Anor v Cassidy & Anor ([2025] NICA 31) – Court of Appeal in Northern Ireland “Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen” 1....
New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences

New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences

Date: Feb 25, 2025
New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences Introduction The case of McGinley, R. v ([2025] NICA 11) before the Court of Appeal in Northern...
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