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  • Commentaries

Northern Ireland Case Commentaries

Reaffirming Strict Application of Article 70 in Firearm Offences: Price Case Analysis

Reaffirming Strict Application of Article 70 in Firearm Offences: Price Case Analysis

Date: Feb 6, 2020
Reaffirming Strict Application of Article 70 in Firearm Offences: Price Case Analysis Introduction The case of Ian David Price (Director of Public Prosecution's Reference Number 6 of 2020, [2019]...
Exceptional Circumstances in Firearm Offenses: Commentary on Director of Public Prosecution's Reference (Number 6 of 2019) - Ian David Price

Exceptional Circumstances in Firearm Offenses: Commentary on Director of Public Prosecution's Reference (Number 6 of 2019) - Ian David Price

Date: Feb 6, 2020
Exceptional Circumstances in Firearm Offenses: Commentary on Director of Public Prosecution's Reference (Number 6 of 2019) - Ian David Price Introduction The case of Director of Public Prosecution's...
Electronic Service Insufficient for Appeal Filing: Insights from BJ v The Queen [2020] NICA 5

Electronic Service Insufficient for Appeal Filing: Insights from BJ v The Queen [2020] NICA 5

Date: Jan 28, 2020
Electronic Service Insufficient for Appeal Filing: Insights from BJ v The Queen [2020] NICA 5 Introduction BJ v The Queen [2020] NICA 5 is a significant case decided by the Court of Appeal in...
Affirmation of Sentencing Discretion and the Totality Principle in R v Nelson [2020] NICA 7

Affirmation of Sentencing Discretion and the Totality Principle in R v Nelson [2020] NICA 7

Date: Jan 25, 2020
Affirmation of Sentencing Discretion and the Totality Principle in R v Nelson [2020] NICA 7 Introduction In the case of R v Nelson [2020] NICA 7, the Court of Appeal in Northern Ireland addressed...
Incorporation of Tariff Documents in Mortgage Contracts: A Comprehensive Analysis of Lipsett & Anor v. AIB Group UK Plc ([2020] NICA 64)

Incorporation of Tariff Documents in Mortgage Contracts: A Comprehensive Analysis of Lipsett & Anor v. AIB Group UK Plc ([2020] NICA 64)

Date: Jan 23, 2020
Incorporation of Tariff Documents in Mortgage Contracts: A Comprehensive Analysis of Lipsett & Anor v. AIB Group UK Plc ([2020] NICA 64) Introduction Lipsett & Anor v. AIB Group UK Plc ([2020] NICA...
Security for Costs and Corporate Representation in Judicial Review: Rural Integrity [2020] NICA 12

Security for Costs and Corporate Representation in Judicial Review: Rural Integrity [2020] NICA 12

Date: Jan 23, 2020
Security for Costs and Corporate Representation in Judicial Review: Rural Integrity [2020] NICA 12 Introduction Rural Integrity (Lisburn 01) Ltd v Court of Appeal in Northern Ireland [2020] NICA 12...
Stach v. Department For Communities: Affirming Housing Benefit Restrictions for EU Citizen Jobseekers in Northern Ireland

Stach v. Department For Communities: Affirming Housing Benefit Restrictions for EU Citizen Jobseekers in Northern Ireland

Date: Jan 11, 2020
Stach v. Department For Communities: Affirming Housing Benefit Restrictions for EU Citizen Jobseekers in Northern Ireland Introduction In Stach v. Department For Communities & Anor ([2020] NICA 4),...
Balancing Free Movement and Social Assistance: Stach v. Department For Communities & Anor – A New Precedent on Housing Benefit Exclusion for EU Jobseekers

Balancing Free Movement and Social Assistance: Stach v. Department For Communities & Anor – A New Precedent on Housing Benefit Exclusion for EU Jobseekers

Date: Jan 11, 2020
Balancing Free Movement and Social Assistance: Stach v. Department For Communities & Anor – A New Precedent on Housing Benefit Exclusion for EU Jobseekers Table of Contents Introduction Summary of...
Sentencing for Fraud by Abuse of Position and ECHR Reasonable Time: Jack v DPP Reference 5 of 2019

Sentencing for Fraud by Abuse of Position and ECHR Reasonable Time: Jack v DPP Reference 5 of 2019

Date: Jan 9, 2020
Sentencing for Fraud by Abuse of Position and ECHR Reasonable Time: Jack v DPP Reference 5 of 2019 Introduction The case of Harrington Legen Jack (the offender) versus the Director of Public...
Court of Appeal Upholds Findings of Domestic Abuse and Custody Harm in [2020] NICA 3

Court of Appeal Upholds Findings of Domestic Abuse and Custody Harm in [2020] NICA 3

Date: Jan 7, 2020
Court of Appeal Upholds Findings of Domestic Abuse and Custody Harm in [2020] NICA 3 Introduction The case of Health and Social Care Trust and Mother GH and Father IJ, Re ([2020] NICA 3) was...
Maughan & Anor v The Queen [2019] NICA 66: Guiding Principles for Guilty Plea Discounts

Maughan & Anor v The Queen [2019] NICA 66: Guiding Principles for Guilty Plea Discounts

Date: Nov 26, 2019
Maughan & Anor v The Queen [2019] NICA 66: Guiding Principles for Guilty Plea Discounts Introduction The case of Maughan & Anor v The Queen [2019] NICA 66 is a pivotal judgment from the Court of...
Exceptional Circumstances in Firearms Offenses: Insights from R. v Corr [2019] NICA 64

Exceptional Circumstances in Firearms Offenses: Insights from R. v Corr [2019] NICA 64

Date: Nov 23, 2019
Exceptional Circumstances in Firearms Offenses: Insights from R. v Corr [2019] NICA 64 Introduction R. v Corr [2019] NICA 64 is a landmark appellate decision by the Court of Appeal in Northern...
Establishment of Ex Gratia Redress Scheme by Executive Office in Absence of Devolved Government: Insights from JR80 Appeal

Establishment of Ex Gratia Redress Scheme by Executive Office in Absence of Devolved Government: Insights from JR80 Appeal

Date: Nov 5, 2019
Establishment of Ex Gratia Redress Scheme by Executive Office in Absence of Devolved Government: Insights from JR80 Appeal Introduction The JR80, Re Application for Judicial Review ([2019] NICA 58)...
Limits on Judicial Review for Historical Torture Allegations: Analysis of McGuigan Re Judicial Review ([2019] NICA 46)

Limits on Judicial Review for Historical Torture Allegations: Analysis of McGuigan Re Judicial Review ([2019] NICA 46)

Date: Sep 21, 2019
Limits on Judicial Review for Historical Torture Allegations: Analysis of McGuigan Re Judicial Review ([2019] NICA 46) Introduction The case of McGuigan Re Judicial Review ([2019] NICA 46) pertains...
Implications of "Normal Pay" Calculation in Holiday Entitlements: A Comprehensive Analysis of Chief Constable of The Police Service of Northern Ireland & Anor v. Agnew ([2019] NICA 32)

Implications of "Normal Pay" Calculation in Holiday Entitlements: A Comprehensive Analysis of Chief Constable of The Police Service of Northern Ireland & Anor v. Agnew ([2019] NICA 32)

Date: Jun 18, 2019
Implications of "Normal Pay" Calculation in Holiday Entitlements: A Comprehensive Analysis of Chief Constable of The Police Service of Northern Ireland & Anor v. Agnew ([2019] NICA 32) Introduction...
Reaffirmation of Section 55(3) Duty in Immigration Decisions: JG v. The Upper Tribunal Commentary

Reaffirmation of Section 55(3) Duty in Immigration Decisions: JG v. The Upper Tribunal Commentary

Date: Jun 7, 2019
Reaffirmation of Section 55(3) Duty in Immigration Decisions: JG v. The Upper Tribunal Commentary Introduction The case JG v. The Upper Tribunal, Immigration and Asylum Chamber ([2019] NICA 27)...
Establishing 'Anxious Scrutiny' and Upholding Section 55(3): JM4 v. Secretary of State for the Home Department [2019] NIQB 61

Establishing 'Anxious Scrutiny' and Upholding Section 55(3): JM4 v. Secretary of State for the Home Department [2019] NIQB 61

Date: May 22, 2019
Establishing 'Anxious Scrutiny' and Upholding Section 55(3): JM4 v. Secretary of State for the Home Department [2019] NIQB 61 Introduction In the case of JM4 v. Secretary of State for The Home...
Reinforcing Stringent Sentencing for Intra-Family Sexual Offences: Analysis of QD v Director of Public Prosecution's Reference [2019] NICA 23

Reinforcing Stringent Sentencing for Intra-Family Sexual Offences: Analysis of QD v Director of Public Prosecution's Reference [2019] NICA 23

Date: May 17, 2019
Reinforcing Stringent Sentencing for Intra-Family Sexual Offences: Analysis of QD v Director of Public Prosecution's Reference [2019] NICA 23 Introduction The appellate case QD v Director of Public...
Hegarty v. Department of Justice & Ors [2019] NICA 16: Upholding the High Standard of Discretion in Offender Recall Decisions

Hegarty v. Department of Justice & Ors [2019] NICA 16: Upholding the High Standard of Discretion in Offender Recall Decisions

Date: Apr 2, 2019
Hegarty v. Department of Justice & Ors [2019] NICA 16: Upholding the High Standard of Discretion in Offender Recall Decisions Introduction Hegarty v. The Department of Justice & Ors ([2019] NICA 16)...
Ensuring Article 2 ECHR Compliance: Independence Obligations in Legacy Investigations – McQuillan [2019] NICA 13

Ensuring Article 2 ECHR Compliance: Independence Obligations in Legacy Investigations – McQuillan [2019] NICA 13

Date: Mar 20, 2019
Ensuring Article 2 ECHR Compliance: Independence Obligations in Legacy Investigations – McQuillan [2019] NICA 13 Introduction The case of McQuillan, Re Application for Judicial Review ([2019] NICA...
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