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  • Commentaries

Northern Ireland Case Commentaries

Reaffirming Sentencing Standards for Child Sexual Assault under the Sexual Offences (NI) Order 2008: GM v Queen [2020] NICA 49

Reaffirming Sentencing Standards for Child Sexual Assault under the Sexual Offences (NI) Order 2008: GM v Queen [2020] NICA 49

Date: Oct 9, 2020
Reaffirming Sentencing Standards for Child Sexual Assault under the Sexual Offences (NI) Order 2008: GM v Queen [2020] NICA 49 Introduction The case of GM v Queen [2020] NICA 49 presents a...
Reaffirming the Importance of PACE Code Compliance in VIPER Identification: The Smith & Anor v R v (2020) NICA 42 Judgment

Reaffirming the Importance of PACE Code Compliance in VIPER Identification: The Smith & Anor v R v (2020) NICA 42 Judgment

Date: Sep 26, 2020
Reaffirming the Importance of PACE Code Compliance in VIPER Identification: The Smith & Anor v R v (2020) NICA 42 Judgment 1. Introduction The case of Smith & Anor v R v (2020) NICA 42 before the...
Differential Treatment of Extended Custodial Sentence Prisoners under Article 14 ECHR: Commentary on Aiken v Northern Ireland Prison Service [2020] NICA 44

Differential Treatment of Extended Custodial Sentence Prisoners under Article 14 ECHR: Commentary on Aiken v Northern Ireland Prison Service [2020] NICA 44

Date: Sep 26, 2020
Differential Treatment of Extended Custodial Sentence Prisoners under Article 14 ECHR: Commentary on Aiken v Northern Ireland Prison Service [2020] NICA 44 Introduction The case of Kyle Aiken versus...
Establishing Judicial Discretion in 'No Bill' Applications: Valliday v Crown Court (2020)

Establishing Judicial Discretion in 'No Bill' Applications: Valliday v Crown Court (2020)

Date: Sep 26, 2020
Establishing Judicial Discretion in 'No Bill' Applications: Valliday v Crown Court (2020) Introduction The case of Valliday v Crown Court ([2020] NICA 43) addresses critical issues surrounding the...
Breslin v. Loughrey: Reinforcing Indirect Evidence in Discriminatory Dismissals

Breslin v. Loughrey: Reinforcing Indirect Evidence in Discriminatory Dismissals

Date: Sep 24, 2020
Breslin v. Loughrey: Reinforcing Indirect Evidence in Discriminatory Dismissals Introduction Breslin v. Loughrey ([2020] NICA 39) is a pivotal case adjudicated by the Court of Appeal in Northern...
Revisiting Section 26(2A)(b)(i): Northern Ireland Court of Appeal's Decision in Allen v Northern Ireland Prison Service [2020] NICA 40

Revisiting Section 26(2A)(b)(i): Northern Ireland Court of Appeal's Decision in Allen v Northern Ireland Prison Service [2020] NICA 40

Date: Sep 16, 2020
Revisiting Section 26(2A)(b)(i): Northern Ireland Court of Appeal's Decision in Allen v Northern Ireland Prison Service [2020] NICA 40 Introduction The case of Kielan Allen v Northern Ireland Prison...
Deference to Trial Court Findings in Contractual Breach: Gilroy v. Frylite Ltd [2020] NICA 45

Deference to Trial Court Findings in Contractual Breach: Gilroy v. Frylite Ltd [2020] NICA 45

Date: Sep 11, 2020
Deference to Trial Court Findings in Contractual Breach: Gilroy v. Frylite Ltd [2020] NICA 45 Introduction Gilroy v. Frylite Ltd ([2020] NICA 45) is a seminal case adjudicated by the Court of Appeal...
McCaughey v R [2020]: Reinforcing Procedural Finality and Limits on Time Extensions in Criminal Appeals

McCaughey v R [2020]: Reinforcing Procedural Finality and Limits on Time Extensions in Criminal Appeals

Date: Aug 19, 2020
McCaughey v R [2020]: Reinforcing Procedural Finality and Limits on Time Extensions in Criminal Appeals Introduction In the case of Shaun McCaughey v R ([2020] NICA 37), the appellant, Shaun...
O'Donnell v. Department For Communities: Establishing Exception for Disabled Deceased in Bereavement Support Payment

O'Donnell v. Department For Communities: Establishing Exception for Disabled Deceased in Bereavement Support Payment

Date: Aug 11, 2020
O'Donnell v. Department For Communities: Establishing Exception for Disabled Deceased in Bereavement Support Payment Introduction The case of O'Donnell v. Department For Communities ([2020] NICA 36)...
Clarifying Dishonesty: LLD v. Secretary of State for the Home Department [2020] NICA 38

Clarifying Dishonesty: LLD v. Secretary of State for the Home Department [2020] NICA 38

Date: Aug 1, 2020
Clarifying Dishonesty: LLD v. Secretary of State for the Home Department [2020] NICA 38 Introduction The case of LLD v. Secretary of State for the Home Department ([2020] NICA 38) represents a...
Ensuring Transparency and Equal Treatment in Public Procurement: Insights from Northstone (NI) Ltd v. Department for Regional Development (Transport NI)

Ensuring Transparency and Equal Treatment in Public Procurement: Insights from Northstone (NI) Ltd v. Department for Regional Development (Transport NI)

Date: Jul 30, 2020
Ensuring Transparency and Equal Treatment in Public Procurement: Insights from Northstone (NI) Ltd v. Department for Regional Development (Transport NI) Introduction The case of Northstone (NI) Ltd...
Ensuring Procedural Fairness in Appellate Asset Valuation: Quinn v Quinn [2020] NICA 41

Ensuring Procedural Fairness in Appellate Asset Valuation: Quinn v Quinn [2020] NICA 41

Date: Jul 23, 2020
Ensuring Procedural Fairness in Appellate Asset Valuation: Quinn v Quinn [2020] NICA 41 Introduction Quinn v. Quinn ([2020] NICA 41) is a significant judgment from the Court of Appeal in Northern...
Safeguarding Press Freedom: Judicial Review in Fine Point Films & Anor v Court of Appeal

Safeguarding Press Freedom: Judicial Review in Fine Point Films & Anor v Court of Appeal

Date: Jul 11, 2020
Safeguarding Press Freedom: Judicial Review in Fine Point Films & Anor v Court of Appeal Introduction In the landmark case of Fine Point Films & Anor v Court of Appeal in Northern Ireland ([2020]...
Extension of Time for Appeals: Walsh v. Department of Justice [2020] NICA 34

Extension of Time for Appeals: Walsh v. Department of Justice [2020] NICA 34

Date: Jun 25, 2020
Extension of Time for Appeals: Walsh v. Department of Justice [2020] NICA 34 Introduction Walsh v. Department of Justice & Anor ([2020] NICA 34) is a significant case adjudicated by the Court of...
Hawthorne & Anor v Police Ombudsman: Defining the Extent of Ombudsman’s Discretion in Public Statements

Hawthorne & Anor v Police Ombudsman: Defining the Extent of Ombudsman’s Discretion in Public Statements

Date: Jun 19, 2020
Hawthorne & Anor v Police Ombudsman: Defining the Extent of Ombudsman’s Discretion in Public Statements Introduction The case of Hawthorne & Anor v Police Ombudsman ([2020] NICA 33) presents a...
Lynch v. Boundary Commissioner for Northern Ireland: Upholding Procedural Fairness in Boundary Reviews

Lynch v. Boundary Commissioner for Northern Ireland: Upholding Procedural Fairness in Boundary Reviews

Date: Jun 5, 2020
Lynch v. Boundary Commissioner for Northern Ireland: Upholding Procedural Fairness in Boundary Reviews Introduction Lynch v. The Boundary Commissioner for Northern Ireland ([2020] NICA 32) is a...
Establishing the Limits of Litigation Privilege in Coronial Proceedings: Commentary on Ketcher & Anor [2020] NICA 31

Establishing the Limits of Litigation Privilege in Coronial Proceedings: Commentary on Ketcher & Anor [2020] NICA 31

Date: Jun 4, 2020
Establishing the Limits of Litigation Privilege in Coronial Proceedings Introduction The case of Ketcher & Anor, Re Application for Judicial Review ([2020] NICA 31) brought before the Court of Appeal...
Limits of Entrapment and Abuse of Process in Paramilitary Offenses: Hill v The Queen [2020] NICA 30

Limits of Entrapment and Abuse of Process in Paramilitary Offenses: Hill v The Queen [2020] NICA 30

Date: May 29, 2020
Limits of Entrapment and Abuse of Process in Paramilitary Offenses: Hill v The Queen [2020] NICA 30 Introduction Hill v The Queen [2020] NICA 30 is a significant appellate decision from the Court of...
Artt v Court of Appeal (NICA 2020) – The Role of ESDA Evidence in Assessing Conviction Safety

Artt v Court of Appeal (NICA 2020) – The Role of ESDA Evidence in Assessing Conviction Safety

Date: May 7, 2020
Artt v Court of Appeal (NICA 2020) – The Role of ESDA Evidence in Assessing Conviction Safety Introduction The case of Artt v Court of Appeal ([2020] NICA 28) serves as a pivotal moment in Northern...
Admittance of Fresh ESDA Evidence and Extension of Time in Artt, R v ([2020] NICA 28)

Admittance of Fresh ESDA Evidence and Extension of Time in Artt, R v ([2020] NICA 28)

Date: May 7, 2020
Admittance of Fresh ESDA Evidence and Extension of Time in Artt, R v ([2020] NICA 28) Introduction The case of Artt, R v ([2020] NICA 28) marks a significant development in Northern Irish appellate...
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