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  • Commentaries

Northern Ireland Case Commentaries

Legal Interpretation of 'Suspicious Circumstances' in Possession Cases: McConnan v R [2017] NICA 40

Legal Interpretation of 'Suspicious Circumstances' in Possession Cases: McConnan v R [2017] NICA 40

Date: Mar 23, 2017
Legal Interpretation of 'Suspicious Circumstances' in Possession Cases: McConnan v R [2017] NICA 40 Introduction In the case of McConnan v R [2017] NICA 40, the Court of Appeal in Northern Ireland...
Cushnahan v BBC: Balancing Media Freedom and Fair Trial Rights in Interlocutory Injunctions

Cushnahan v BBC: Balancing Media Freedom and Fair Trial Rights in Interlocutory Injunctions

Date: Mar 11, 2017
Cushnahan v BBC: Balancing Media Freedom and Fair Trial Rights in Interlocutory Injunctions Introduction Cushnahan v. British Broadcasting Corporation & Anor ([2017] NIQB 30) is a seminal judgment...
Ensuring Independent Investigations under Article 2 ECHR: Insights from McQuillan v PSNI [2017] NIQB 28

Ensuring Independent Investigations under Article 2 ECHR: Insights from McQuillan v PSNI [2017] NIQB 28

Date: Mar 4, 2017
Ensuring Independent Investigations under Article 2 ECHR: Insights from McQuillan v PSNI [2017] NIQB 28 Introduction The case of McQuillan v Police Service of Northern Ireland (PSNI) [2017] NIQB 28...
Flynn v. Chief Constable of The Police Service of Northern Ireland: Upholding the Necessity of Discovery in Cases of Alleged State Misfeasance

Flynn v. Chief Constable of The Police Service of Northern Ireland: Upholding the Necessity of Discovery in Cases of Alleged State Misfeasance

Date: Feb 28, 2017
Flynn v. Chief Constable of The Police Service of Northern Ireland: Upholding the Necessity of Discovery in Cases of Alleged State Misfeasance Introduction The case of Flynn v. Chief Constable of The...
Article 15 Compliance and Judicial Review: Insights from Wright, Re Judicial Review ([2017] NIQB 29)

Article 15 Compliance and Judicial Review: Insights from Wright, Re Judicial Review ([2017] NIQB 29)

Date: Feb 23, 2017
Article 15 Compliance and Judicial Review: Insights from Wright, Re Judicial Review ([2017] NIQB 29) Introduction The case of Wright, Re Judicial Review ([2017] NIQB 29) before the High Court of...
Establishing Legitimate Expectation in Public Inquiries: Finucane v. Secretary of State for Northern Ireland ([2017] NICA 7)

Establishing Legitimate Expectation in Public Inquiries: Finucane v. Secretary of State for Northern Ireland ([2017] NICA 7)

Date: Feb 22, 2017
Establishing Legitimate Expectation in Public Inquiries: Finucane v. Secretary of State for Northern Ireland ([2017] NICA 7) Introduction The case of Finucane v. The Secretary of State for Northern...
Safety of Convictions in Sexual Offence Appeals: Insights from BZ, R v [2017] NICA 2

Safety of Convictions in Sexual Offence Appeals: Insights from BZ, R v [2017] NICA 2

Date: Jan 24, 2017
Safety of Convictions in Sexual Offence Appeals: Insights from BZ, R v [2017] NICA 2 Introduction The case of BZ, R v [2017] NICA 2 presents a comprehensive examination of the legal standards...
R v Stewart [2017] NICA 1: Refining Sentencing Principles for Dangerous Driving Causing Death

R v Stewart [2017] NICA 1: Refining Sentencing Principles for Dangerous Driving Causing Death

Date: Jan 10, 2017
R v Stewart [2017] NICA 1: Refining Sentencing Principles for Dangerous Driving Causing Death Introduction The case of R v Stewart [2017] NICA 1 involves a legal challenge against a custodial...
Liability of Information Society Services for Misuse of Private Information: CG v. Facebook Ireland Ltd & Anor ([2016] NICA 54)

Liability of Information Society Services for Misuse of Private Information: CG v. Facebook Ireland Ltd & Anor ([2016] NICA 54)

Date: Dec 22, 2016
Liability of Information Society Services for Misuse of Private Information: CG v. Facebook Ireland Ltd & Anor ([2016] NICA 54) Introduction The case of CG v. Facebook Ireland Ltd & Anor ([2016] NICA...
Association Employer Liability in Disability Discrimination: McCorry v. McKeith

Association Employer Liability in Disability Discrimination: McCorry v. McKeith

Date: Nov 30, 2016
Association Employer Liability in Disability Discrimination: McCorry v. McKeith Introduction McCorry & Ors v. McKeith ([2016] NICA 47) is a landmark case adjudicated by the Court of Appeal in...
McAteer v. Devine & Ors: Fixed Sum Costs Order under Order 62 Rule 7 Established

McAteer v. Devine & Ors: Fixed Sum Costs Order under Order 62 Rule 7 Established

Date: Nov 24, 2016
McAteer v. Devine & Ors: Fixed Sum Costs Order under Order 62 Rule 7 Established Introduction McAteer v. Devine & Ors ([2016] NICA 46) is a pivotal case adjudicated by the Court of Appeal in Northern...
R v Kubik [2016] NICA 3: Reevaluating Dangerousness in Isolated Rape Offenses

R v Kubik [2016] NICA 3: Reevaluating Dangerousness in Isolated Rape Offenses

Date: Nov 4, 2016
R v Kubik [2016] NICA 3: Reevaluating Dangerousness in Isolated Rape Offenses Introduction The case of R v Kubik [2016] NICA 3 represents a pivotal moment in Northern Ireland's legal landscape...
Reaffirmation of the Devlin Test in Assessing Inconsistent Verdicts: H, R v [2016] NICA 41

Reaffirmation of the Devlin Test in Assessing Inconsistent Verdicts: H, R v [2016] NICA 41

Date: Oct 22, 2016
Reaffirmation of the Devlin Test in Assessing Inconsistent Verdicts: H, R v [2016] NICA 41 Introduction The case of H, R v ([2016] NICA 41) heard by the Court of Appeal in Northern Ireland on October...
Gallagher Re Judicial Review: Upholding Proportionality and Safeguards in Mandatory Criminal Record Disclosure

Gallagher Re Judicial Review: Upholding Proportionality and Safeguards in Mandatory Criminal Record Disclosure

Date: Oct 13, 2016
Gallagher Re Judicial Review: Upholding Proportionality and Safeguards in Mandatory Criminal Record Disclosure Introduction The case of Gallagher Re Judicial Review ([2016] NICA 42) was adjudicated...
Ensuring Procedural Fairness: Right to an Oral Hearing in ESA Appeals under ECHR Article 6(1)

Ensuring Procedural Fairness: Right to an Oral Hearing in ESA Appeals under ECHR Article 6(1)

Date: Jun 24, 2016
Ensuring Procedural Fairness: Right to an Oral Hearing in ESA Appeals under ECHR Article 6(1) Introduction The case RGS v Department for Social Development (ESA) [2016] NICom 39 addresses critical...
Galo v. Bombardier Aerospace UK [2016] NICA 25: Affirming Procedural Fairness for Litigants with Disabilities

Galo v. Bombardier Aerospace UK [2016] NICA 25: Affirming Procedural Fairness for Litigants with Disabilities

Date: Jun 3, 2016
Galo v. Bombardier Aerospace UK [2016] NICA 25: Affirming Procedural Fairness for Litigants with Disabilities 1. Introduction The case of Galo v. Bombardier Aerospace UK ([2016] NICA 25) addresses...
Application of Cart Criteria in Judicial Review of Asylum Cases: Wu's (Jun) Application [2016] NIQB 34

Application of Cart Criteria in Judicial Review of Asylum Cases: Wu's (Jun) Application [2016] NIQB 34

Date: Apr 19, 2016
Application of Cart Criteria in Judicial Review of Asylum Cases: Wu's (Jun) Application [2016] NIQB 34 Introduction Wu's (Jun) Application ([2016] NIQB 34) is a significant judicial review case...
Errors of Fact in Ministerial Decision-Making: Department of Education v. Cunningham [2016] NICA 12

Errors of Fact in Ministerial Decision-Making: Department of Education v. Cunningham [2016] NICA 12

Date: Mar 15, 2016
Errors of Fact in Ministerial Decision-Making: The Department of Education v. Cunningham [2016] NICA 12 Introduction The Department of Education v. Cunningham (A Minor) & Anor ([2016] NICA 12) is a...
McLaughlin’s Application [2016] NIQB 11: Differentiating Bereavement and Widowed Parent's Benefits for Cohabitees and Spouses under Human Rights Law

McLaughlin’s Application [2016] NIQB 11: Differentiating Bereavement and Widowed Parent's Benefits for Cohabitees and Spouses under Human Rights Law

Date: Feb 10, 2016
McLaughlin’s Application [2016] NIQB 11: Differentiating Bereavement and Widowed Parent's Benefits for Cohabitees and Spouses under Human Rights Law Introduction In the landmark case of McLaughlin’s...
Assessment of Defamation Damages and Mitigation through Qualified Offers of Amends: Elliot v. Flanagan [2016] NIQB 8

Assessment of Defamation Damages and Mitigation through Qualified Offers of Amends: Elliot v. Flanagan [2016] NIQB 8

Date: Feb 4, 2016
Assessment of Defamation Damages and Mitigation through Qualified Offers of Amends: Elliot v. Flanagan [2016] NIQB 8 Introduction Elliot v. Flanagan ([2016] NIQB 8) is a significant judgment...
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