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  • Commentaries

Northern Ireland Case Commentaries

Enhanced Sentencing Principles in Child Cruelty Cases: CD, R. v [2021] NICA 45

Enhanced Sentencing Principles in Child Cruelty Cases: CD, R. v [2021] NICA 45

Date: Jul 1, 2021
Enhanced Sentencing Principles in Child Cruelty Cases: CD, R. v [2021] NICA 45 Introduction The Court of Appeal in Northern Ireland delivered a significant judgment in the case of CD, R. v [2021]...
Permissible Amendments to Writs Under Limitation Rules: Insights from Tweed v. J & E Davy [2021] NICA 43

Permissible Amendments to Writs Under Limitation Rules: Insights from Tweed v. J & E Davy [2021] NICA 43

Date: Jun 25, 2021
Permissible Amendments to Writs Under Limitation Rules: Insights from Tweed v. J & E Davy [2021] NICA 43 Introduction The case of Tweed v. J & E Davy ([2021] NICA 43) before the Court of Appeal in...
Reserved vs Transferred Matters in Compensation for Miscarriage of Justice: Insights from Ryan v Secretary of State for Northern Ireland [2021] NICA 42

Reserved vs Transferred Matters in Compensation for Miscarriage of Justice: Insights from Ryan v Secretary of State for Northern Ireland [2021] NICA 42

Date: Jun 22, 2021
Reserved vs Transferred Matters in Compensation for Miscarriage of Justice: Insights from Ryan v Secretary of State for Northern Ireland [2021] NICA 42 Introduction The case of Ryan, Re Application...
Proper Appeal Procedures under Brussels I Regulation: Insights from JK v LM [2021] NICA 41

Proper Appeal Procedures under Brussels I Regulation: Insights from JK v LM [2021] NICA 41

Date: Jun 19, 2021
Proper Appeal Procedures under Brussels I Regulation: Insights from JK v LM [2021] NICA 41 Introduction JK v LM ([2021] NICA 41) is a significant case heard by the Court of Appeal in Northern Ireland...
Remedial Measures in Victimisation Claims: Insights from Peifer v. Southern Education And Library Board

Remedial Measures in Victimisation Claims: Insights from Peifer v. Southern Education And Library Board

Date: Jun 12, 2021
Remedial Measures in Victimisation Claims: Insights from Peifer v. Southern Education And Library Board Introduction The case of Robert James Peifer v. Southern Education And Library Board &...
Enhancing Sentencing Guidelines in Prolonged Sexual Abuse Cases: DH v The Queen [2021] NICA 36

Enhancing Sentencing Guidelines in Prolonged Sexual Abuse Cases: DH v The Queen [2021] NICA 36

Date: Jun 8, 2021
Enhancing Sentencing Guidelines in Prolonged Sexual Abuse Cases: DH v The Queen [2021] NICA 36 Introduction The case of DH v The Queen [2021] NICA 36 marks a significant precedent in the realm of...
Unconstitutionality of Indefinite Retention of Disruption Notices under Article 8 ECHR: Cavanagh v PSNI [2021] NICA 37

Unconstitutionality of Indefinite Retention of Disruption Notices under Article 8 ECHR: Cavanagh v PSNI [2021] NICA 37

Date: Jun 8, 2021
Unconstitutionality of Indefinite Retention of Disruption Notices under Article 8 ECHR: Cavanagh v PSNI [2021] NICA 37 Introduction The case of Cavanagh v Police Service of Northern Ireland (PSNI)...
Deterrent Custodial Sentences for Section 20 Unlawful Wounding: Insights from R v Wilson [2021] NICA 38

Deterrent Custodial Sentences for Section 20 Unlawful Wounding: Insights from R v Wilson [2021] NICA 38

Date: Jun 8, 2021
Deterrent Custodial Sentences for Section 20 Unlawful Wounding: Insights from R v Wilson [2021] NICA 38 Introduction R v Wilson [2021] NICA 38 is a pivotal judgment delivered by the Court of Appeal...
Extension of Time Limits in Employment Claims: Bryant v. Nestle UK Ltd [2021] NICA 34

Extension of Time Limits in Employment Claims: Bryant v. Nestle UK Ltd [2021] NICA 34

Date: Jun 5, 2021
Extension of Time Limits in Employment Claims: Bryant v. Nestle UK Ltd [2021] NICA 34 Introduction The case of Grace Bryant v. Nestle UK Ltd ([2021] NICA 34) addresses critical issues surrounding the...
Holchem Laboratories Ltd v. Henry [2021] NICA 35: Reinforcing Standards for Pre-Termination Conduct and Implied Duty of Fidelity

Holchem Laboratories Ltd v. Henry [2021] NICA 35: Reinforcing Standards for Pre-Termination Conduct and Implied Duty of Fidelity

Date: Jun 2, 2021
Holchem Laboratories Ltd v. Henry [2021] NICA 35: Reinforcing Standards for Pre-Termination Conduct and Implied Duty of Fidelity Introduction Holchem Laboratories Limited (the appellant) brought an...
Reaffirming Standards for Admitting Bad Character Evidence in Sexual Offence Cases: Commentary on IA v The Queen [2021] NICA 48

Reaffirming Standards for Admitting Bad Character Evidence in Sexual Offence Cases: Commentary on IA v The Queen [2021] NICA 48

Date: May 29, 2021
Reaffirming Standards for Admitting Bad Character Evidence in Sexual Offence Cases: Commentary on IA v The Queen [2021] NICA 48 Introduction The case of IA v The Queen [2021] NICA 48 is a pivotal...
Ullah v The Queen [2021] NICA 33: Clarifying the Burden of Proof in Section 172 Variation of Confiscation Orders under POCA

Ullah v The Queen [2021] NICA 33: Clarifying the Burden of Proof in Section 172 Variation of Confiscation Orders under POCA

Date: May 28, 2021
Ullah v The Queen [2021] NICA 33: Clarifying the Burden of Proof in Section 172 Variation of Confiscation Orders under POCA Introduction The case of Ullah, R. v The Queen [2021] NICA 33 serves as a...
Transfer of Charges Under Land Registration Act: Insights from McGee v Amber Homeloans Ltd ([2021] NICA 29)

Transfer of Charges Under Land Registration Act: Insights from McGee v Amber Homeloans Ltd ([2021] NICA 29)

Date: May 13, 2021
Transfer of Charges Under Land Registration Act: Insights from McGee v Amber Homeloans Ltd ([2021] NICA 29) Introduction The case of McGee v Amber Homeloans Ltd ([2021] NICA 29) revolves around the...
Reaffirmation of Standards for Suspension of Custodial Sentences and Judicial Indications in Sexual Offence Cases: Anderson v The Queen ([2021] NICA 28)

Reaffirmation of Standards for Suspension of Custodial Sentences and Judicial Indications in Sexual Offence Cases: Anderson v The Queen ([2021] NICA 28)

Date: May 11, 2021
Reaffirmation of Standards for Suspension of Custodial Sentences and Judicial Indications in Sexual Offence Cases: Anderson v The Queen ([2021] NICA 28) Introduction The case of Anderson v The Queen...
Locus Standi of Bankrupts in Defending Proceedings: The McAteer v Guram Case

Locus Standi of Bankrupts in Defending Proceedings: The McAteer v Guram Case

Date: May 8, 2021
Locus Standi of Bankrupts in Defending Proceedings: The McAteer v Guram Case Introduction The case of McAteer & Anor v Guram & Anor (Rev1) ([2021] NICA 30) revolves around the legal standing, or...
Walsh v. Office of the Industrial Tribunal & Anor: Rejection of Time Extension in Unfair Dismissal Appeal

Walsh v. Office of the Industrial Tribunal & Anor: Rejection of Time Extension in Unfair Dismissal Appeal

Date: Apr 30, 2021
Walsh v. Office of the Industrial Tribunal & Anor: Rejection of Time Extension in Unfair Dismissal Appeal Introduction The case Walsh v. Office of the Industrial Tribunal & Anor ([2021] NICA 26) was...
Reaffirmation of the Soering Test and the Treatment of Assurances in Extradition Cases: Horne v USA (No 3) [2021] NICA 75

Reaffirmation of the Soering Test and the Treatment of Assurances in Extradition Cases: Horne v USA (No 3) [2021] NICA 75

Date: Apr 30, 2021
Reaffirmation of the Soering Test and the Treatment of Assurances in Extradition Cases: Horne v USA (No 3) [2021] NICA 75 Introduction Horne v United States Of America (No 3) ([2021] NICA 75) is a...
Ensuring Compliance with EU Procurement Principles: Department For Infrastructure v Northstone (NI) Ltd ([2021] NICA 23)

Ensuring Compliance with EU Procurement Principles: Department For Infrastructure v Northstone (NI) Ltd ([2021] NICA 23)

Date: Apr 22, 2021
Ensuring Compliance with EU Procurement Principles: Department For Infrastructure v Northstone (NI) Ltd ([2021] NICA 23) 1. Introduction The case of Department For Infrastructure v Northstone (NI)...
Limitations on Post-Conviction Disclosure: Insights from McCafferty v The Queen [2021] NICA 22

Limitations on Post-Conviction Disclosure: Insights from McCafferty v The Queen [2021] NICA 22

Date: Apr 17, 2021
Limitations on Post-Conviction Disclosure: Insights from McCafferty v The Queen [2021] NICA 22 Introduction The case of McCafferty v The Queen [2021] NICA 22 addresses crucial aspects of...
Rebalancing Equity: Proprietary Estoppel and Mitigating Factors in Graham v. Graham & Anor [2021] NICA 25

Rebalancing Equity: Proprietary Estoppel and Mitigating Factors in Graham v. Graham & Anor [2021] NICA 25

Date: Mar 26, 2021
Rebalancing Equity: Proprietary Estoppel and Mitigating Factors in Graham v. Graham & Anor [2021] NICA 25 Introduction Graham v. Graham & Anor ([2021] NICA 25) is a pivotal case adjudicated by the...
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