Northern Ireland Case Commentaries

Affirmation of Legislative Margin of Appreciation in Northern Ireland's Same-Sex Marriage Ban

Date: Apr 8, 2020

Affirmation of Legislative Margin of Appreciation in Northern Ireland's Same-Sex Marriage Ban Introduction The case of Sickles & Anor, Re Judicial Review ([2020] NICA 20) presents a critical...

Legal Aid Limitations for Supreme Court Appeals in Criminal Cases: Analysis of Maughan v. R. (No. 2) [2020] NICA 19

Date: Mar 24, 2020

Legal Aid Limitations for Supreme Court Appeals in Criminal Cases: Analysis of Maughan v. R. (No. 2) [2020] NICA 19 Introduction The case of Maughan, R. v. (No. 2) [2020] NICA 19 was adjudicated by...

R v Byrne [2020] NICA 16: Reinforcing Aggravating Factors in Sentencing Sexual Assaults in Northern Ireland

Date: Mar 13, 2020

R v Byrne [2020] NICA 16: Reinforcing Aggravating Factors in Sentencing Sexual Assaults in Northern Ireland Introduction The case of R v Byrne [2020] NICA 16 marks a significant precedent in the...

Upholding Deterrence and Penal Principles: A Comprehensive Commentary on Hamilton, R v Hamilton [2020] NICA 18

Date: Mar 12, 2020

Upholding Deterrence and Penal Principles: A Comprehensive Commentary on Hamilton, R v Hamilton [2020] NICA 18 Introduction The case of Regina v Bradley Hamilton ([2020] NICA 18) presents a...

Dismissal of Victimisation Claims in Employment Discrimination: Wright (Estate of) v. Belfast Bible College Ltd & Anor ([2020] NICA 17)

Date: Mar 7, 2020

Dismissal of Victimisation Claims in Employment Discrimination: Wright (Estate of) v. Belfast Bible College Ltd & Anor ([2020] NICA 17) Introduction Wright (Estate of) v. Belfast Bible College Ltd &...

Upholding Non-Discriminatory Social Security Provisions: Comprehensive Analysis of Lennon v Department for Social Development [2020] NICA 15

Date: Feb 27, 2020

Upholding Non-Discriminatory Social Security Provisions: Comprehensive Analysis of Lennon v Department for Social Development [2020] NICA 15 Introduction The case of Marina Lennon v Department for...

Ensuring Accountability and Safeguards in Stop and Search Powers: Ramsey v Secretary of State [2020] NICA 14

Date: Feb 26, 2020

Ensuring Accountability and Safeguards in Stop and Search Powers: Ramsey v Secretary of State [2020] NICA 14 Introduction The case of Ramsey v Secretary of State ([2020] NICA 14) adjudicated by the...

Non-Delegable Statutory Functions of the Charity Commission for Northern Ireland

Date: Feb 20, 2020

Non-Delegable Statutory Functions of the Charity Commission for Northern Ireland Introduction The case of McKee & Hughes v. The Charity Commission for Northern Ireland ([2020] NICA 13) addresses a...

Affirming Joinder Principles: Court of Appeal Upholds Proper Indictment in McCormac v The Queen [2020] NICA 10

Date: Feb 12, 2020

Affirming Joinder Principles: Court of Appeal Upholds Proper Indictment in McCormac v The Queen [2020] NICA 10 Introduction The case of McCormac, R. v The Queen ([2020] NICA 10) addresses critical...

Limitation of Aggravated Damages in Fatal Assault Cases: Doherty v. Ministry of Defence [2020] NICA 9

Date: Feb 7, 2020

Limitation of Aggravated Damages in Fatal Assault Cases: Doherty v. Ministry of Defence [2020] NICA 9 Introduction Doherty v. Ministry of Defence ([2020] NICA 9) is a pivotal case adjudicated by the...

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

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

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

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)

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

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

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

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

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

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...