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  • Commentaries

Northern Ireland Case Commentaries

Reaffirming the Burden of Proof in Habeas Corpus Petitions: McGowan & Anor v McElholm [2022] NICA 45

Reaffirming the Burden of Proof in Habeas Corpus Petitions: McGowan & Anor v McElholm [2022] NICA 45

Date: Jul 29, 2022
Reaffirming the Burden of Proof in Habeas Corpus Petitions: McGowan & Anor v McElholm [2022] NICA 45 Introduction The case of McGowan & Anor v District Judge (Magistrates’ Courts) McElholm ([2022]...
Reaffirming Judicial Discretion and Procedural Strictness in Repossession Proceedings: Quinn & Anor v Swift First Ltd [2022] NICA 43

Reaffirming Judicial Discretion and Procedural Strictness in Repossession Proceedings: Quinn & Anor v Swift First Ltd [2022] NICA 43

Date: Jul 19, 2022
Reaffirming Judicial Discretion and Procedural Strictness in Repossession Proceedings: Quinn & Anor v Swift First Ltd [2022] NICA 43 Introduction Quinn & Anor v Swift First Ltd (Rev1) [2022] NICA 43...
HM v VM [2022] NICA 37: Upholding Final Contact Orders in Family Disputes

HM v VM [2022] NICA 37: Upholding Final Contact Orders in Family Disputes

Date: Jul 1, 2022
HM v VM [2022] NICA 37: Upholding Final Contact Orders in Family Disputes Introduction HM v VM [2022] NICA 37 is a pivotal judgment delivered by the Court of Appeal in Northern Ireland on June 30,...
Court of Appeal Upholds 7½-Year Sentence in Campbell v The Queen: Reinforcing Sentencing Principles for Terrorist Offenses

Court of Appeal Upholds 7½-Year Sentence in Campbell v The Queen: Reinforcing Sentencing Principles for Terrorist Offenses

Date: Jul 1, 2022
Court of Appeal Upholds 7½-Year Sentence in Campbell v The Queen: Reinforcing Sentencing Principles for Terrorist Offenses Introduction The appellate case of Campbell, R. v The Queen ([2022] NICA 41)...
Defining "Explosion Likely to Endanger Life" under the Explosive Substances Act 1883: Insights from Campbell v The Queen [2022] NICA 42

Defining "Explosion Likely to Endanger Life" under the Explosive Substances Act 1883: Insights from Campbell v The Queen [2022] NICA 42

Date: Jul 1, 2022
Defining "Explosion Likely to Endanger Life" under the Explosive Substances Act 1883: Insights from Campbell v The Queen [2022] NICA 42 Introduction The case of Campbell v The Queen [2022] NICA 42,...
Lyness v The Queen: Affirming Conviction Safety Despite Procedural Challenges

Lyness v The Queen: Affirming Conviction Safety Despite Procedural Challenges

Date: Jul 1, 2022
Lyness v The Queen: Affirming Conviction Safety Despite Procedural Challenges Introduction In the case of Lyness v The Queen [2022] NICA 40, the Court of Appeal in Northern Ireland addressed the...
Strict Adherence to Procedural Rules in Repossession Appeals: Lewis & Ors v Brennan & Anor [2022] NICA 39

Strict Adherence to Procedural Rules in Repossession Appeals: Lewis & Ors v Brennan & Anor [2022] NICA 39

Date: Jun 30, 2022
Strict Adherence to Procedural Rules in Repossession Appeals: Lewis & Ors v Brennan & Anor [2022] NICA 39 Introduction The case of Lewis & Ors v Brennan & Anor ([2022] NICA 39) pertains to a...
Clarifying the Necessity Test for Detention in Mental Health Law: Insights from RM v Review Tribunal [2022] NICA 35

Clarifying the Necessity Test for Detention in Mental Health Law: Insights from RM v Review Tribunal [2022] NICA 35

Date: Jun 24, 2022
Clarifying the Necessity Test for Detention in Mental Health Law: Insights from RM v Review Tribunal [2022] NICA 35 Introduction RM, Re Application for Judicial Review ([2022] NICA 35) is a pivotal...
Establishing Threshold Criteria for Care Orders: Analysis of LD (A Child) Re [2022] NICA 33

Establishing Threshold Criteria for Care Orders: Analysis of LD (A Child) Re [2022] NICA 33

Date: Jun 10, 2022
Establishing Threshold Criteria for Care Orders: Analysis of LD (A Child) Re [2022] NICA 33 Introduction The case of LD (A Child) Re [2022] NICA 33 before the Court of Appeal in Northern Ireland...
Establishing the Threshold for Striking Out Civil Claims: Insights from McAteer v Guram

Establishing the Threshold for Striking Out Civil Claims: Insights from McAteer v Guram

Date: Jun 8, 2022
Establishing the Threshold for Striking Out Civil Claims: Insights from McAteer v Guram Introduction McAteer & Anor v Guram & Anor ([2022] NICA 32) is a pivotal case decided by the Court of Appeal in...
Admission of Bad Character Evidence in Sexual Offence Cases: Insights from R v Hegarty [2022] NICA 31

Admission of Bad Character Evidence in Sexual Offence Cases: Insights from R v Hegarty [2022] NICA 31

Date: Jun 7, 2022
Admission of Bad Character Evidence in Sexual Offence Cases: Insights from R v Hegarty [2022] NICA 31 Introduction R v Hegarty [2022] NICA 31 is a pivotal judgment delivered by the Court of Appeal in...
Enhanced Sentencing for Terrorist-Related Murders of Public Servants: Robinson v The Queen [2022] NICA 30

Enhanced Sentencing for Terrorist-Related Murders of Public Servants: Robinson v The Queen [2022] NICA 30

Date: Jun 2, 2022
Enhanced Sentencing for Terrorist-Related Murders of Public Servants: Robinson v The Queen [2022] NICA 30 Introduction Robinson v The Queen [2022] NICA 30 is a landmark case adjudicated by the Court...
Admissibility of Prior Convictions in Sexual Offence Appeals: Analysis of SS, R v [2022] NICA 46

Admissibility of Prior Convictions in Sexual Offence Appeals: Analysis of SS, R v [2022] NICA 46

Date: May 26, 2022
Admissibility of Prior Convictions in Sexual Offence Appeals: Analysis of SS, R v [2022] NICA 46 Introduction The case of SS, R v [2022] NICA 46 adjudicated by the Court of Appeal in Northern Ireland...
Enhanced Sentencing Guidelines for Sexual Offences Against Minors: Analysis of R v WY [2022] NICA 28

Enhanced Sentencing Guidelines for Sexual Offences Against Minors: Analysis of R v WY [2022] NICA 28

Date: May 21, 2022
Enhanced Sentencing Guidelines for Sexual Offences Against Minors: Analysis of R v WY [2022] NICA 28 Introduction R v WY [2022] NICA 28 is a pivotal case adjudicated by the Court of Appeal in...
Affirming the Exhaustion of Statutory Appeals Before Judicial Review: Alpha Resource Management Ltd v Belfast City Council

Affirming the Exhaustion of Statutory Appeals Before Judicial Review: Alpha Resource Management Ltd v Belfast City Council

Date: May 20, 2022
Affirming the Exhaustion of Statutory Appeals Before Judicial Review Based on Alpha Resource Management Ltd, Re Application for Judicial Review [2022] NICA 27, Court of Appeal in Northern Ireland, 19...
Affirming the Right to a Fair Hearing in Remote Proceedings: Rodgers v Rodgers [2022] NICA 26

Affirming the Right to a Fair Hearing in Remote Proceedings: Rodgers v Rodgers [2022] NICA 26

Date: May 19, 2022
Affirming the Right to a Fair Hearing in Remote Proceedings: Rodgers v Rodgers [2022] NICA 26 Introduction Rodgers v Rodgers ([2022] NICA 26) is a significant appellate judgment delivered by the...
Safeguarding the Defense Case in Jury Directions: Insights from QP v Regina [2022] NICA 36

Safeguarding the Defense Case in Jury Directions: Insights from QP v Regina [2022] NICA 36

Date: May 10, 2022
Safeguarding the Defense Case in Jury Directions: Insights from QP v Regina [2022] NICA 36 Introduction The case of QP v Regina [2022] NICA 36 presents a significant examination of the appellate...
Leszkiewicz v Secretary of State for the Home Department [2022] NICA 24: Judicial Review and Unlawful Detention

Leszkiewicz v Secretary of State for the Home Department [2022] NICA 24: Judicial Review and Unlawful Detention

Date: May 7, 2022
Leszkiewicz v Secretary of State for the Home Department [2022] NICA 24: Judicial Review and Unlawful Detention Introduction Leszkiewicz v Secretary of State for the Home Department [2022] NICA 24 is...
Establishing Standards for Judicial Review in School Expulsions: Insights from JR164 [2022] NICA 22

Establishing Standards for Judicial Review in School Expulsions: Insights from JR164 [2022] NICA 22

Date: Apr 28, 2022
Establishing Standards for Judicial Review in School Expulsions: Insights from JR164 [2022] NICA 22 Introduction The case of JR164, Re Application for Judicial Review (School Expulsion) ([2022] NICA...
Police Authority to Protect Vulnerable Youth: AB v Public Prosecution Service [2022] NICA 29

Police Authority to Protect Vulnerable Youth: AB v Public Prosecution Service [2022] NICA 29

Date: Apr 26, 2022
Police Authority to Protect Vulnerable Youth: AB v Public Prosecution Service [2022] NICA 29 Introduction The case AB v Public Prosecution Service ([2022] NICA 29) was heard by the Court of Appeal in...
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