Northern Ireland Case Commentaries

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,...

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

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

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

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

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

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...