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  • Commentaries

Northern Ireland Case Commentaries

Retroactive Sentencing and Human Rights: An In-Depth Commentary on Queen v Morgan et al. [2021] NICA 67

Retroactive Sentencing and Human Rights: An In-Depth Commentary on Queen v Morgan et al. [2021] NICA 67

Date: Dec 23, 2021
Retroactive Sentencing and Human Rights: An In-Depth Commentary on Queen v Morgan et al. [2021] NICA 67 1. Introduction The case of Queen v Seamus Morgan, Terence Marks, Joseph Lynch, and Kevin...
Ensuring Adequate Notice: Key Takeaways from McKeever v Bank of Ireland [2021] NICA 64

Ensuring Adequate Notice: Key Takeaways from McKeever v Bank of Ireland [2021] NICA 64

Date: Dec 23, 2021
Ensuring Adequate Notice: Key Takeaways from McKeever v Bank of Ireland [2021] NICA 64 Introduction The case of Michelle McKeever and John McKeever v Bank of Ireland (UK) PLC ([2021] NICA 64) before...
Robinson v The Queen [2021] NICA 65: Upholding Conviction Standards under Circumstantial Evidence in Northern Ireland

Robinson v The Queen [2021] NICA 65: Upholding Conviction Standards under Circumstantial Evidence in Northern Ireland

Date: Dec 22, 2021
Robinson v The Queen [2021] NICA 65: Upholding Conviction Standards under Circumstantial Evidence in Northern Ireland Introduction In the case of Robinson v The Queen [2021] NICA 65, the appellant,...
Clarity in Legal Proceedings: Upholding Standards in Ards and North Down Borough Council v Young ([2021] NICA 63)

Clarity in Legal Proceedings: Upholding Standards in Ards and North Down Borough Council v Young ([2021] NICA 63)

Date: Dec 17, 2021
Clarity in Legal Proceedings: Upholding Standards in Ards and North Down Borough Council v Young ([2021] NICA 63) Introduction The case of Ards and North Down Borough Council v William Young ([2021]...
Hilland v Department of Justice [2021]: Non-Analogous Treatment of DCS Prisoners Under Article 14 ECHR Established

Hilland v Department of Justice [2021]: Non-Analogous Treatment of DCS Prisoners Under Article 14 ECHR Established

Date: Dec 11, 2021
Hilland v Department of Justice [2021]: Non-Analogous Treatment of DCS Prisoners Under Article 14 ECHR Established Introduction The case of Hilland v Department of Justice [2021] NICA 68 was heard by...
Discretionary Review of High Court Decisions Under Article 62: The Registrar Of Companies v JP Murphy Ltd ([2021] NICA 62)

Discretionary Review of High Court Decisions Under Article 62: The Registrar Of Companies v JP Murphy Ltd ([2021] NICA 62)

Date: Dec 9, 2021
Discretionary Review of High Court Decisions Under Article 62: The Registrar Of Companies v JP Murphy Ltd ([2021] NICA 62) Introduction In the case of The Registrar Of Companies v JP Murphy Ltd...
McLaughlin v Regina [2021] NICA 61: Enhanced Sentencing Framework for Sexual Offences Involving Vulnerable Individuals

McLaughlin v Regina [2021] NICA 61: Enhanced Sentencing Framework for Sexual Offences Involving Vulnerable Individuals

Date: Dec 4, 2021
McLaughlin v Regina [2021] NICA 61: Enhanced Sentencing Framework for Sexual Offences Involving Vulnerable Individuals Introduction The case of McLaughlin v Regina [2021] NICA 61 presents a...
Affirmation of Safe Convictions Amid Procedural Challenges in RK v The Queen [2021] NICA 69

Affirmation of Safe Convictions Amid Procedural Challenges in RK v The Queen [2021] NICA 69

Date: Dec 1, 2021
Affirmation of Safe Convictions Amid Procedural Challenges in RK v The Queen [2021] NICA 69 Introduction The case of RK v The Queen [2021] NICA 69 represents a significant appellate decision rendered...
Independence and Legality in Prisoner Recall Decisions: A Commentary on Smyth v Secretary of State [2021] NICA 70

Independence and Legality in Prisoner Recall Decisions: A Commentary on Smyth v Secretary of State [2021] NICA 70

Date: Nov 20, 2021
Independence and Legality in Prisoner Recall Decisions: A Commentary on Smyth v Secretary of State [2021] NICA 70 Introduction The case of Smyth v Secretary of State ([2021] NICA 70) represents a...
Refusal of Leave to Appeal in Sexual Offence Case: Queen v RD [2021] NICA 60

Refusal of Leave to Appeal in Sexual Offence Case: Queen v RD [2021] NICA 60

Date: Nov 20, 2021
Refusal of Leave to Appeal in Sexual Offence Case: Queen v RD [2021] NICA 60 Introduction In the case of Queen v RD [2021] NICA 60, the Court of Appeal in Northern Ireland dealt with a complex and...
Judicial Review of School Admission Criteria: OV (A Minor) v The Board of Governors of the Abbey CBS

Judicial Review of School Admission Criteria: OV (A Minor) v The Board of Governors of the Abbey CBS

Date: Oct 23, 2021
Judicial Review of School Admission Criteria: OV (A Minor) v The Board of Governors of the Abbey CBS Introduction The case OV (A Minor) v The Board of Governors of the Abbey CBS ([2021] NICA 58)...
Establishing the 'Quality of Law' Requirement under Article 8 ECHR: Comprehensive Analysis of AS1 v Chief Constable of PSNI

Establishing the 'Quality of Law' Requirement under Article 8 ECHR: Comprehensive Analysis of AS1 v Chief Constable of PSNI

Date: Oct 13, 2021
Establishing the 'Quality of Law' Requirement under Article 8 ECHR: Comprehensive Analysis of AS1 v Chief Constable of PSNI Introduction The case AS1, Re Application for Judicial Review ([2021] NICA...
Limits of Prerogative Power in Treaty Ratification: Insights from JR83 (No 2) [2021] NICA 49

Limits of Prerogative Power in Treaty Ratification: Insights from JR83 (No 2) [2021] NICA 49

Date: Sep 1, 2021
Limits of Prerogative Power in Treaty Ratification: Insights from JR83 (No 2) [2021] NICA 49 1. Introduction The case of JR83 (No 2) ([2021] NICA 49) serves as a pivotal judicial examination of the...
Balancing Article 8 Rights and Public Health: Comprehensive Analysis of SB v A Health and Social Services Trust [2021] NICA 50

Balancing Article 8 Rights and Public Health: Comprehensive Analysis of SB v A Health and Social Services Trust [2021] NICA 50

Date: Sep 1, 2021
Balancing Article 8 Rights and Public Health: Comprehensive Analysis of SB v A Health and Social Services Trust [2021] NICA 50 Introduction The case of SB (a Mother) v A Health and Social Services...
Lanigan v The Queen [2021] NICA 51: Upholding Conviction Amidst DNA Evidence Acquisition Challenges

Lanigan v The Queen [2021] NICA 51: Upholding Conviction Amidst DNA Evidence Acquisition Challenges

Date: Sep 1, 2021
Lanigan v The Queen [2021] NICA 51: Upholding Conviction Amidst DNA Evidence Acquisition Challenges Introduction Lanigan v The Queen [2021] NICA 51 is a significant case adjudicated by the Court of...
Extended Custodial Sentences and the Assessment of Dangerousness: An Analysis of Stewart v The Queen [2021] NICA 53

Extended Custodial Sentences and the Assessment of Dangerousness: An Analysis of Stewart v The Queen [2021] NICA 53

Date: Aug 26, 2021
Extended Custodial Sentences and the Assessment of Dangerousness: An Analysis of Stewart v The Queen [2021] NICA 53 Introduction Stewart, R. v The Queen [2021] NICA 53 is a pivotal judgment by the...
Invalidation of Convictions Due to Unlawful Detention: A Comprehensive Analysis of Bell v The Queen [2021] NICA 52

Invalidation of Convictions Due to Unlawful Detention: A Comprehensive Analysis of Bell v The Queen [2021] NICA 52

Date: Aug 26, 2021
Invalidation of Convictions Due to Unlawful Detention: A Comprehensive Analysis of Bell v The Queen [2021] NICA 52 Introduction Bell v The Queen [2021] NICA 52 is a landmark decision by the Court of...
R v TC [2021] NICA 47: Establishing Precedents in Child Protection and Sentencing

R v TC [2021] NICA 47: Establishing Precedents in Child Protection and Sentencing

Date: Aug 11, 2021
R v TC [2021] NICA 47: Establishing Precedents in Child Protection and Sentencing Introduction In the case of R v TC [2021] NICA 47, the Court of Appeal in Northern Ireland addressed significant...
Department for Communities v Cox [2021] NICA 46: Upholding the Six-Month Reasonable Expectation in Terminal Illness Benefits

Department for Communities v Cox [2021] NICA 46: Upholding the Six-Month Reasonable Expectation in Terminal Illness Benefits

Date: Aug 4, 2021
Department for Communities v Cox [2021] NICA 46: Upholding the Six-Month Reasonable Expectation in Terminal Illness Benefits Introduction The case of Department for Communities v Cox ([2021] NICA 46)...
Affirmation of Genuine Material Factor Defense in Equal Pay Claims: Department of Justice v. McGrath [2021] NICA 40

Affirmation of Genuine Material Factor Defense in Equal Pay Claims: Department of Justice v. McGrath [2021] NICA 40

Date: Jul 3, 2021
Affirmation of Genuine Material Factor Defense in Equal Pay Claims: Department of Justice v. McGrath [2021] NICA 40 Introduction The case of Department of Justice v. McGrath ([2021] NICA 40) deals...
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