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  • Commentaries

Northern Ireland Case Commentaries

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...
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...
Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland

Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland

Date: Feb 25, 2025
Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland Introduction The case of Haughey, R. v ([2025] NICA 10) marks a significant development in...
Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator

Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator

Date: Feb 22, 2025
Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator Introduction King v Darryl Haughey ([2025] NICA 10) is a landmark Court of Appeal decision addressing...
Invited Standing and Quashing Relief: Public Authority Concession in Planning Judicial Review

Invited Standing and Quashing Relief: Public Authority Concession in Planning Judicial Review

Date: Feb 7, 2025
Invited Standing and Quashing Relief: Public Authority Concession in Planning Judicial Review Introduction This commentary examines the Court of Appeal in Northern Ireland decision in Gordon Duff v...
Maintaining Deterrent Sentencing in Violent Assaults on Police: The Court of Appeal's Ruling in Quigley v The King [2025] NICA 6

Maintaining Deterrent Sentencing in Violent Assaults on Police: The Court of Appeal's Ruling in Quigley v The King [2025] NICA 6

Date: Jan 31, 2025
Maintaining Deterrent Sentencing in Violent Assaults on Police: The Court of Appeal's Ruling in Quigley v The King [2025] NICA 6 Introduction The case of Quigley, R. v The King [2025] NICA 6 was...
Culpability-Based Sentencing Guidelines for Diminished Responsibility: Insights from Donnelly v The King [2025] NICA 7

Culpability-Based Sentencing Guidelines for Diminished Responsibility: Insights from Donnelly v The King [2025] NICA 7

Date: Jan 31, 2025
Culpability-Based Sentencing Guidelines for Diminished Responsibility: Insights from Donnelly v The King [2025] NICA 7 Introduction Donnelly v The King [2025] NICA 7 is a pivotal appellate decision...
New Precedent on Article 3 Adverse Inferences and Witness Comfort Measures in Sexual Offence Trials

New Precedent on Article 3 Adverse Inferences and Witness Comfort Measures in Sexual Offence Trials

Date: Jan 31, 2025
New Precedent on Article 3 Adverse Inferences and Witness Comfort Measures in Sexual Offence Trials Introduction The Court of Appeal in Northern Ireland delivered its judgment in CH, R. v ([2025]...
Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice

Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice

Date: Jan 28, 2025
Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice Introduction The judgment in Cavan v Bunting ([2025] NICA 12) presents a seminal...
Acknowledging Strangulation as an Aggravating Factor in Domestic Assault Sentencing: Insights from R, D v The King [2025] NICA 3

Acknowledging Strangulation as an Aggravating Factor in Domestic Assault Sentencing: Insights from R, D v The King [2025] NICA 3

Date: Jan 23, 2025
Acknowledging Strangulation as an Aggravating Factor in Domestic Assault Sentencing: Insights from R, D v The King [2025] NICA 3 Introduction Case Overview: The case of R, D v The King [2025] NICA 3...
Esmail v Secretary of State for the Home Department: Upholding Discretion in Immigration Law

Esmail v Secretary of State for the Home Department: Upholding Discretion in Immigration Law

Date: Jan 21, 2025
Esmail v Secretary of State for the Home Department: Upholding Discretion in Immigration Law Introduction In the landmark case of Esmail v Secretary of State for the Home Department ([2025] NICA 4),...
Establishing Precedent on Domestic Abuse as Headline Offence in NICA

Establishing Precedent on Domestic Abuse as Headline Offence in NICA

Date: Jan 10, 2025
Establishing Precedent on Domestic Abuse as Headline Offence in NICA Introduction The case of The King v WD ([2025] NICA 1) represents a significant appellate decision in the Court of Appeal in...
HT v A Health and Social Care Trust: Clarifying Procedural Time-Limits in Emergency Protection Orders

HT v A Health and Social Care Trust: Clarifying Procedural Time-Limits in Emergency Protection Orders

Date: Dec 18, 2024
HT v A Health and Social Care Trust: Clarifying Procedural Time-Limits in Emergency Protection Orders Introduction The case of HT v A Health and Social Care Trust & Anor ([2024] NICA 79) before the...
Establishing the Jurisdiction of the Jury in Assessing Victim Credibility: Commentary on FD, R. v ([2024] NICA 86)

Establishing the Jurisdiction of the Jury in Assessing Victim Credibility: Commentary on FD, R. v ([2024] NICA 86)

Date: Dec 17, 2024
Establishing the Jurisdiction of the Jury in Assessing Victim Credibility: Commentary on FD, R. v ([2024] NICA 86) Introduction The appellant, referred to as FD to protect the identity of the...
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