Northern Ireland Case Commentaries

Access to Higher Courts for Personal Litigants: Insights from Department of Finance v Foster [2022] NICA 19

Date: Apr 9, 2022

Access to Higher Courts for Personal Litigants: Insights from Department of Finance, Land and Property Services v Foster [2022] NICA 19 Introduction The case of Department of Finance, Land and...

JP Murphy Ltd v Downey: Upholding Judicial Discretion in Discovery and Leave to Appeal

Date: Apr 7, 2022

JP Murphy Ltd v Downey: Upholding Judicial Discretion in Discovery and Leave to Appeal Introduction JP Murphy Ltd v Downey & Anor ([2022] NICA 25) is a pivotal case decided by the Court of Appeal in...

Establishing the Standard for Equivocal Pleas and Safe Convictions: Insights from Koca v The Queen [2022] NICA 18

Date: Apr 2, 2022

Establishing the Standard for Equivocal Pleas and Safe Convictions: Insights from Koca v The Queen [2022] NICA 18 Introduction The case of Orhan Koca v The Queen ([2022] NICA 18) before the Court of...

Conway v. Northern Ireland Prison Service: Clarifying Custody Expiry Date Calculations in Concurrent Sentences

Date: Mar 31, 2022

Conway v. Northern Ireland Prison Service: Clarifying Custody Expiry Date Calculations in Concurrent Sentences Introduction The case of Kevin Conway v. Northern Ireland Prison Service ([2022] NICA...

Protocol on Ireland/Northern Ireland: Upholding the UK's Constitutional and Human Rights Framework

Date: Mar 25, 2022

Protocol on Ireland/Northern Ireland: Upholding the UK's Constitutional and Human Rights Framework Introduction The case of Allister & Ors v Secretary of State for Northern Ireland ([2022] NICA 15)...

Limited Scope of DPP's Discretionary Powers under Section 35(5)(a)

Date: Mar 25, 2022

Limited Scope of Director of Public Prosecutions' Discretionary Powers under Section 35(5)(a) Introduction The case of Beatty v Director of Public Prosecutions & Anor ([2022] NICA 13) addresses the...

Frizzell v PSNI [2022] NICA 14: No Common Law Duty to Provide Reasons in Legacy Investigations

Date: Mar 24, 2022

Frizzell v The Police Service of Northern Ireland [2022] NICA 14 Introduction Frizzell v The Police Service of Northern Ireland is a significant appellate decision rendered by the Court of Appeal in...

Modifying Constitutional Statutes Through EU Withdrawal Legislation: Analysis of Allister & Ors v Secretary of State for Northern Ireland ([2022] NICA 15)

Date: Mar 15, 2022

Modifying Constitutional Statutes Through EU Withdrawal Legislation: Analysis of Allister & Ors v Secretary of State for Northern Ireland ([2022] NICA 15) Introduction Allister & Ors v Secretary of...

Impact of Dissolution Status on Employment Tribunal Proceedings: Belhassen v Dobhan Ltd [2022] NICA 10

Date: Mar 10, 2022

Impact of Dissolution Status on Employment Tribunal Proceedings: Belhassen v Dobhan Ltd [2022] NICA 10 Introduction Belhassen v Dobhan Ltd [2022] NICA 10 is a pivotal case adjudicated by the Court of...

Shebani: Clarifying Sentencing Principles in Affray Cases

Date: Mar 8, 2022

Shebani: Clarifying Sentencing Principles in Affray Cases Introduction The Court of Appeal in Northern Ireland delivered a significant judgment in the case of Shebani, R. ([2022] NICA 9), pronounced...

Establishing Sentencing Standards for Multiple Domestic Violence Offences: Hughes v The Queen [2022] NICA 12

Date: Mar 8, 2022

Establishing Sentencing Standards for Multiple Domestic Violence Offences: Hughes v The Queen [2022] NICA 12 Introduction The case of Hughes, R. v The Queen ([2022] NICA 12) addresses significant...

Duty of Candour and Judicial Review: Analyzing Taylor v Department for Communities & Anor ([2022] NICA 8)

Date: Feb 19, 2022

Duty of Candour and Judicial Review: Analyzing Taylor v Department for Communities & Anor ([2022] NICA 8) Introduction Taylor v Department for Communities & Anor ([2022] NICA 8) is a significant...

Assessment of Child Competency and Care Plan Approval in IJ v A Health and Social Care Trust & Anor ([2022] NICA 7)

Date: Feb 10, 2022

Assessment of Child Competency and Care Plan Approval in IJ v A Health and Social Care Trust & Anor ([2022] NICA 7) Introduction The case of IJ v A Health and Social Care Trust & Anor ([2022] NICA 7)...

Reining in Indeterminate Custodial Sentences: Insights from R. v Doherty, [2022] NICA 4

Date: Jan 27, 2022

Reining in Indeterminate Custodial Sentences: Insights from R. v Doherty, [2022] NICA 4 Introduction In the landmark case of R. v Doherty, [2022] NICA 4, the Court of Appeal in Northern Ireland...

Clarifying the Admission of Bad Character Evidence in Rebutting Innocent Association: Queen v Patterson [2022] NICA 1

Date: Jan 15, 2022

Clarifying the Admission of Bad Character Evidence in Rebutting Innocent Association: Queen v Patterson [2022] NICA 1 Introduction Queen v Paul Patterson ([2022] NICA 1) is a pivotal case adjudicated...

Laser Light as 'Anything' Causing Danger: Filip v Public Prosecution Service [2022] NICA 2

Date: Jan 15, 2022

Laser Light as 'Anything' Causing Danger: Filip v Public Prosecution Service [2022] NICA 2 Introduction Filip v Public Prosecution Service ([2022] NICA 2) is a seminal case adjudicated by the Court...

Establishing Parental Rights in Same-Sex Relationships: Insights from Ms A v Ms J ([2022] NICA 3)

Date: Jan 13, 2022

Establishing Parental Rights in Same-Sex Relationships: Insights from Ms A v Ms J ([2022] NICA 3) Introduction The case of Ms A v Ms J ([2022] NICA 3) is a landmark decision by the Court of Appeal in...

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

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

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,...