Northern Ireland Case Commentaries

Enforcement of Tomlin Orders and Executors' Authority in Property Possession Confirmed in Heaney v. McEvoy & Anor ([2018] NICA 4)

Date: Jan 26, 2018

Enforcement of Tomlin Orders and Executors' Authority in Property Possession Confirmed in Heaney v. McEvoy & Anor ([2018] NICA 4) Introduction The case of Heaney v. McEvoy & Anor ([2018] NICA 4)...

Exceptional Circumstances in Residence Orders: Fergus v. Marcail ([2017] NICA 71)

Date: Nov 8, 2017

Exceptional Circumstances in Residence Orders: Fergus v. Marcail ([2017] NICA 71) Introduction The case of Fergus v. Marcail ([2017] NICA 71) is a significant appellate decision rendered by the Court...

Refining the Assessment of Fresh Claims under Paragraph 353: Insights from Zhang v Secretary of State for The Home Department [2017] NIQB 92

Date: Oct 21, 2017

Refining the Assessment of Fresh Claims under Paragraph 353: Insights from Zhang v Secretary of State for The Home Department [2017] NIQB 92 Introduction The case of Zhang v Secretary of State for...

Defining Reasonableness in Summary Dismissal: Connolly v Western Health and Social Care Trust (2017)

Date: Oct 18, 2017

Defining Reasonableness in Summary Dismissal: Connolly v Western Health and Social Care Trust (2017) Introduction The case Connolly (Caroline) v. Western Health and Social Care Trust ([2017] NICA 61)...

Limitation on Tariff Reductions for Guilty Pleas in Murder Cases Established in R v Turner

Date: Sep 20, 2017

Limitation on Tariff Reductions for Guilty Pleas in Murder Cases Established in R v Turner Introduction The case of R v Turner ([2017] NICA 52) addressed significant issues regarding sentencing in...

Establishing the Standard for Nullity of Abandoned Appeals: Insights from R v. Guinness (Patrick Anthony) [2017] NICA 47

Date: Sep 9, 2017

Establishing the Standard for Nullity of Abandoned Appeals: Insights from R v. Guinness (Patrick Anthony) [2017] NICA 47 Introduction The case of R v. Guinness (Patrick Anthony) [2017] NICA 47 stands...

McKenzie v. Northern Ireland Court of Appeal: Establishing Strict Liability in Workplace Safety

Date: May 19, 2017

McKenzie v. Northern Ireland Court of Appeal: Establishing Strict Liability in Workplace Safety Introduction The case of McKenzie, R v ([2017] NICA 29) represents a pivotal moment in Northern Irish...

Enforcing Public Sector Equality Duty: Toner v. Judicial Review [2017] NIQB 49

Date: May 13, 2017

Enforcing Public Sector Equality Duty: Toner v. Judicial Review [2017] NIQB 49 Introduction The case of Toner v. Judicial Review ([2017] NIQB 49) adjudicated by the High Court of Justice in Northern...

Procedural Fairness and Third Man Theory in VAT Fraud Proceedings: Ulster Metal Refiners Limited v. HMRC

Date: May 10, 2017

Procedural Fairness and Third Man Theory in VAT Fraud Proceedings: Ulster Metal Refiners Limited v. HMRC Introduction Ulster Metal Refiners Limited v. The Commissioners for Her Majesty's Revenue and...

Limits and Discretion of Parole Panels in Witness Invocation: Insights from CK Judicial Review

Date: Mar 25, 2017

Limits and Discretion of Parole Panels in Witness Invocation: Insights from CK Judicial Review Introduction The case CK, Re Judicial Review ([2017] NIQB 34) adjudicated by the High Court of Justice...

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

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

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

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)

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)

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

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

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)

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

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...