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  • Commentaries

Northern Ireland Case Commentaries

New Precedent on the Fresh Evidence Threshold in Police Misconduct Appeals

New Precedent on the Fresh Evidence Threshold in Police Misconduct Appeals

Date: Dec 17, 2024
New Precedent on the Fresh Evidence Threshold in Police Misconduct Appeals Introduction The Court of Appeal in Northern Ireland’s decision in JR296 v Police Appeals Tribunal and Chief Constable of...
Bounar v SSHD: Affirming Strict Compliance with Schedule 10 Accommodation Conditions

Bounar v SSHD: Affirming Strict Compliance with Schedule 10 Accommodation Conditions

Date: Dec 13, 2024
Bounar v SSHD: Affirming Strict Compliance with Schedule 10 Accommodation Conditions Introduction Bounar v SSHD ([2024] NICA 83) is a pivotal case adjudicated by the Court of Appeal in Northern...
Disregard of Tenant's Works in Rent Valuation: Herbert Smith Freehills LLP v Fitzwilliam Trustees No 1 Ltd, Fitzwilliam Trustees No 2 Ltd ([2024] NICA 84)

Disregard of Tenant's Works in Rent Valuation: Herbert Smith Freehills LLP v Fitzwilliam Trustees No 1 Ltd, Fitzwilliam Trustees No 2 Ltd ([2024] NICA 84)

Date: Dec 13, 2024
Disregard of Tenant's Works in Rent Valuation: Herbert Smith Freehills LLP v Fitzwilliam Trustees No 1 Ltd, Fitzwilliam Trustees No 2 Ltd ([2024] NICA 84) Introduction The case of Herbert Smith...
Striking New Precedent on Striking Out Pleadings: Bank of Ireland v Conway [2024] NICA 80

Striking New Precedent on Striking Out Pleadings: Bank of Ireland v Conway [2024] NICA 80

Date: Dec 13, 2024
Striking New Precedent on Striking Out Pleadings: The Governor & Company of the Bank of Ireland v Conway [2024] NICA 80 Introduction The case of The Governor & Company of the Bank of Ireland v Conway...
Exercise of Inherent Jurisdiction under Article 173 for Religious Upbringing of Children in Care

Exercise of Inherent Jurisdiction under Article 173 for Religious Upbringing of Children in Care

Date: Dec 7, 2024
Exercise of Inherent Jurisdiction under Article 173 for Religious Upbringing of Children in Care Introduction This commentary examines the Court of Appeal in Northern Ireland’s decision in A Health...
Reaffirming Procedural Rigour under Order 41 RCC: The Impact of Belkovic v NIPSO

Reaffirming Procedural Rigour under Order 41 RCC: The Impact of Belkovic v NIPSO

Date: Dec 6, 2024
Reaffirming Procedural Rigour under Order 41 RCC: The Impact of Belkovic v NIPSO Introduction The Court of Appeal in Northern Ireland, in the case of Belkovic v Northern Ireland Public Services...
Revisiting Expressed Deterrence: Insights from Byrne v The King [2024] NICA 75

Revisiting Expressed Deterrence: Insights from Byrne v The King [2024] NICA 75

Date: Nov 27, 2024
Revisiting Expressed Deterrence: Insights from Byrne v The King [2024] NICA 75 Introduction Byrne v The King [2024] NICA 75 is a significant appellate decision from the Court of Appeal in Northern...
Enforcement of Solicitors' Duty to Act with Integrity: Law Society of Northern Ireland v Mallon

Enforcement of Solicitors' Duty to Act with Integrity: Law Society of Northern Ireland v Mallon

Date: Nov 23, 2024
Enforcement of Solicitors' Duty to Act with Integrity: Law Society of Northern Ireland v Mallon Introduction The case of Law Society of Northern Ireland v Mallon ([2024] NICA 76) addressed...
Enforcing Solicitors' Duty of Integrity and Transparent Billing: High Court in Law Society of NI v Mallon

Enforcing Solicitors' Duty of Integrity and Transparent Billing: High Court in Law Society of NI v Mallon

Date: Nov 23, 2024
Enforcing Solicitors' Duty of Integrity and Transparent Billing: High Court in Law Society of NI v Mallon Introduction The case of Law Society of Northern Ireland v Mallon ([2024] NICA 76) represents...
McMinnis v Department of Health [2024] NICA 77: Defining the Boundaries of Judicial Review and Statutory Authority in Northern Ireland's Health and Social Care Policy

McMinnis v Department of Health [2024] NICA 77: Defining the Boundaries of Judicial Review and Statutory Authority in Northern Ireland's Health and Social Care Policy

Date: Nov 21, 2024
McMinnis v Department of Health [2024] NICA 77: Defining the Boundaries of Judicial Review and Statutory Authority in Northern Ireland's Health and Social Care Policy Introduction The case of Robin...
Reaffirmation of Established Sentencing Principles in Manslaughter: Analysis of Dodds, R. v ([2024] NICA 74)

Reaffirmation of Established Sentencing Principles in Manslaughter: Analysis of Dodds, R. v ([2024] NICA 74)

Date: Nov 16, 2024
Reaffirmation of Established Sentencing Principles in Manslaughter: Analysis of Dodds, R. v ([2024] NICA 74) Introduction The case of Dodds, R. v ([2024] NICA 74) adjudicated by the Court of Appeal...
McAteer v Magee: The Court of Appeal Re-Affirms the Davis Principles and Sets a “Highly-Exceptional” Threshold for Injunctions that Stifle Parallel Litigation

McAteer v Magee: The Court of Appeal Re-Affirms the Davis Principles and Sets a “Highly-Exceptional” Threshold for Injunctions that Stifle Parallel Litigation

Date: Nov 13, 2024
McAteer v Magee: The Court of Appeal Re-Affirms the Davis Principles and Sets a “Highly-Exceptional” Threshold for Injunctions that Stifle Parallel Litigation 1. Introduction McAteer v Magee & Ors...
Kovac v Crown [2024] NICA 72: Affirmation of Maximum Culpability in Dangerous Driving Causing Death

Kovac v Crown [2024] NICA 72: Affirmation of Maximum Culpability in Dangerous Driving Causing Death

Date: Nov 6, 2024
Kovac v Crown [2024] NICA 72: Affirmation of Maximum Culpability in Dangerous Driving Causing Death Introduction In the case of Kovac, R. v King ([2024] NICA 72), the Court of Appeal in Northern...
No Legal Right for Victim Consultation on Police Bail: Arthurs v Chief Constable of PSNI [2024] NICA 70

No Legal Right for Victim Consultation on Police Bail: Arthurs v Chief Constable of PSNI [2024] NICA 70

Date: Oct 23, 2024
No Legal Right for Victim Consultation on Police Bail: Arthurs v Chief Constable of PSNI [2024] NICA 70 Introduction In the landmark case of Arthurs v Chief Constable of the Police Service of...
Whitla v The King [2024] NICA 65: Redefining Murder Sentencing Guidelines in Northern Ireland

Whitla v The King [2024] NICA 65: Redefining Murder Sentencing Guidelines in Northern Ireland

Date: Oct 22, 2024
Whitla v The King [2024] NICA 65: Redefining Murder Sentencing Guidelines in Northern Ireland Introduction In the landmark case of Whitla, R. v The King [2024] NICA 65, the Court of Appeal in...
Establishing Sentencing Precedents in Attempted Murder: McCartney v The King [2024] NICA 66

Establishing Sentencing Precedents in Attempted Murder: McCartney v The King [2024] NICA 66

Date: Oct 19, 2024
Establishing Sentencing Precedents in Attempted Murder: McCartney v The King [2024] NICA 66 Introduction The Court of Appeal in Northern Ireland delivered a significant judgment in the case of...
Dissolution of a Corporate Entity and Its Impact on Legal Appeals: Cullen Asbestos Ltd v Rex ([2024] NICA 62)

Dissolution of a Corporate Entity and Its Impact on Legal Appeals: Cullen Asbestos Ltd v Rex ([2024] NICA 62)

Date: Oct 4, 2024
Dissolution of a Corporate Entity and Its Impact on Legal Appeals: Cullen Asbestos Ltd v Rex ([2024] NICA 62) Introduction The case of Cullen Asbestos Limited v Rex ([2024] NICA 62) presents a...
Safeguarding Vulnerable Defendants: The Gallagher v The King Judgment

Safeguarding Vulnerable Defendants: The Gallagher v The King Judgment

Date: Oct 4, 2024
Safeguarding Vulnerable Defendants: The Gallagher v The King Judgment Introduction The case of The King v Ellen Pauline Teresa Gallagher ([2024] NICA 63) represents a pivotal moment in Northern...
Dillon & Ors v Secretary of State for Northern Ireland: Establishing Direct Effect of the Windsor Framework and Upholding Victims' Rights

Dillon & Ors v Secretary of State for Northern Ireland: Establishing Direct Effect of the Windsor Framework and Upholding Victims' Rights

Date: Sep 21, 2024
Dillon & Ors v Secretary of State for Northern Ireland: Establishing Direct Effect of the Windsor Framework and Upholding Victims' Rights Introduction The case of Dillon & Ors v Secretary of State...
Bowden v Department of Justice: Statutory Interpretation Limits on Legal Costs in Miscarriage of Justice Compensation

Bowden v Department of Justice: Statutory Interpretation Limits on Legal Costs in Miscarriage of Justice Compensation

Date: Sep 18, 2024
Bowden v Department of Justice: Statutory Interpretation Limits on Legal Costs in Miscarriage of Justice Compensation Introduction The case of Bowden v Department of Justice ([2024] NICA 56)...
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