Northern Ireland Case Commentaries

McCann v Armagh City, Banbridge and Craigavon Borough Council: Establishing Strict Compliance with Local Development Plans

Date: Oct 26, 2022

McCann v Armagh City, Banbridge and Craigavon Borough Council: Establishing Strict Compliance with Local Development Plans Introduction The case of McCann v Armagh City, Banbridge and Craigavon...

McLaughlin v Public Prosecution Service: Affirming the Right to Fair Trials Amidst Flawed Electronic Evidence

Date: Oct 26, 2022

McLaughlin v Public Prosecution Service: Affirming the Right to Fair Trials Amidst Flawed Electronic Evidence Introduction The case of R v Alan William McLaughlin [2022] NICA 64 presents a...

Defining Ministerial Discretion to Suspend Public Inquiries: Insights from JR222 v Minister of Health [2022] NICA 57

Date: Oct 12, 2022

Defining Ministerial Discretion to Suspend Public Inquiries: Insights from JR222 v Minister of Health [2022] NICA 57 Introduction The case of JR222 v Minister Of Health ([2022] NICA 57) presents a...

Judicial Discretion in Admitting Fresh Evidence: A Commentary on Wilson v The King [2022] NICA 73

Date: Oct 10, 2022

Judicial Discretion in Admitting Fresh Evidence: A Commentary on Wilson v The King [2022] NICA 73 Introduction The case of Wilson v The King [2022] NICA 73 presents a significant examination of...

Hegarty v The King [2022] NICA 55: Establishing Precedents in Sentencing for Aggravated Sexual Offences

Date: Oct 8, 2022

Hegarty v The King [2022] NICA 55: Establishing Precedents in Sentencing for Aggravated Sexual Offences Introduction The case of Hegarty, R. v The King [2022] NICA 55 serves as a pivotal judicial...

Balancing Procedural Delays and Litigant Circumstances: Andrews v Bryson Charitable Group [2022] NICA 58

Date: Oct 8, 2022

Balancing Procedural Delays and Litigant Circumstances: Andrews v Bryson Charitable Group [2022] NICA 58 Introduction Andrews v Bryson Charitable Group [2022] NICA 58 is a significant case...

Limitations of Article 8 ECHR on Citizenship Status Choice: Ni Chuinneagain Judgment

Date: Oct 8, 2022

Limitations of Article 8 ECHR on Citizenship Status Choice: Ni Chuinneagain Judgment Introduction The case of Ni Chuinneagain, Re Application for Judicial Review ([2022] NICA 56) before the Court of...

Mitigation of Loss and Costs in Commercial Litigation: Analysis of North South Pig Company (NI) Ltd v McAuliffe & Ors ([2022] NICA 65)

Date: Sep 30, 2022

Mitigation of Loss and Costs in Commercial Litigation: Analysis of North South Pig Company (NI) Ltd v McAuliffe & Ors ([2022] NICA 65) Introduction The case of North South Pig Company (NI) Ltd v...

Admissibility of Scientific Evidence in Forfeiture Proceedings: Moat Lodge Filling Station Ltd v HMRC

Date: Sep 29, 2022

Admissibility of Scientific Evidence in Forfeiture Proceedings: Moat Lodge Filling Station Ltd v HMRC Introduction The case of Moat Lodge Filling Station Ltd v Revenue and Customs ([2022] NICA 53)...

Jurisdictional Limitations and Cost Implications in Family Appeals: A Father v A Mother ([2022] NICA 52)

Date: Sep 24, 2022

Jurisdictional Limitations and Cost Implications in Family Appeals: A Father v A Mother ([2022] NICA 52) Introduction The case of A Father v A Mother (Rev1) ([2022] NICA 52) was brought before the...

Refined Duty of Care: Police Liability in Negligence – Commentary on Magill v Chief Constable of the Police Service of Northern Ireland ([2022] NICA 49)

Date: Sep 24, 2022

Refined Duty of Care: Police Liability in Negligence – Commentary on Magill v Chief Constable of the Police Service of Northern Ireland ([2022] NICA 49) Introduction The case of Magill v Chief...

Affirming Judicial Discretion in Section 5 Terrorism Sentencing: Lehd v The King [2022] NICA 51

Date: Sep 24, 2022

Affirming Judicial Discretion in Section 5 Terrorism Sentencing: Lehd v The King [2022] NICA 51 Introduction The case of Lehd, R. v The King [2022] NICA 51 represents a pivotal moment in the judicial...

Affirming the Reliability of Jury Verdicts on Circumstantial and Bad Character Evidence: Whoriskey v The King [2022] NICA 48

Date: Sep 23, 2022

Affirming the Reliability of Jury Verdicts on Circumstantial and Bad Character Evidence: Whoriskey v The King [2022] NICA 48 Introduction The case of Liam Whoriskey v The King ([2022] NICA 48) was...

Clarifying Self-Defence Directions: Insights from Dorrian v The King [2022] NICA 47

Date: Sep 14, 2022

Clarifying Self-Defence Directions: Insights from Dorrian v The King [2022] NICA 47 Introduction The case of Dorrian v The King [2022] NICA 47 presents a compelling analysis of judicial directions on...

Corbett v The Queen [2022] NICA 44: Establishing Limits on Entrapment and Abuse of Process in Terrorism-Related Convictions

Date: Sep 7, 2022

Corbett v The Queen [2022] NICA 44: Establishing Limits on Entrapment and Abuse of Process in Terrorism-Related Convictions Introduction In the landmark case of Corbett v The Queen [2022] NICA 44,...

Time Served on Extradition Warrants Must Be Calculated by Issuing State: The Netherlands v Kat [2022] NICA 54

Date: Aug 25, 2022

Time Served on Extradition Warrants Must Be Calculated by Issuing State: The Netherlands v Kat [2022] NICA 54 Introduction The case of The Netherlands v Kat ([2022] NICA 54) was heard by the Court of...

Reaffirming Strict Adherence to Appeal Time Limits and the Use of Mesher Orders in Ancillary Relief: McKavanagh v Brewster [2022] NICA 50

Date: Aug 2, 2022

Reaffirming Strict Adherence to Appeal Time Limits and the Use of Mesher Orders in Ancillary Relief: McKavanagh v Brewster [2022] NICA 50 Introduction The case of McKavanagh v Brewster ([2022] NICA...

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

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

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,...