Northern Ireland Case Commentaries

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

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)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...

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

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

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...