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  • Commentaries

Northern Ireland Case Commentaries

Ewing v. Times Newspapers Ltd: Establishing Rigorous Standards in Defamation and Privacy Claims

Ewing v. Times Newspapers Ltd: Establishing Rigorous Standards in Defamation and Privacy Claims

Date: Dec 20, 2013
Ewing v. Times Newspapers Ltd: Establishing Rigorous Standards in Defamation and Privacy Claims Introduction The case of Ewing v. Times Newspapers Ltd ([2013] NICA 74) adjudicated by the Court of...
Equitable Disapplication of Limitation Period: Analysis of McArdle v. Marmion [2013] NIQB 123

Equitable Disapplication of Limitation Period: Analysis of McArdle v. Marmion [2013] NIQB 123

Date: Nov 29, 2013
Equitable Disapplication of Limitation Period: Analysis of McArdle v. Marmion [2013] NIQB 123 1. Introduction McArdle v. Marmion ([2013] NIQB 123) is a pivotal case adjudicated by the High Court of...
Reaffirmation of Deterrent Sentencing in Riotous Assembly Offenses: McKeown & Ors, R v ([2013] NICA 63)

Reaffirmation of Deterrent Sentencing in Riotous Assembly Offenses: McKeown & Ors, R v ([2013] NICA 63)

Date: Nov 13, 2013
Reaffirmation of Deterrent Sentencing in Riotous Assembly Offenses: McKeown & Ors, R v ([2013] NICA 63) Introduction The case of McKeown & Ors, R v ([2013] NICA 63) adjudicated by the Court of Appeal...
Clarifying the Threshold for 'Likely' in Explosive Substances Offences: R v Marcus [2013] NICA 60

Clarifying the Threshold for 'Likely' in Explosive Substances Offences: R v Marcus [2013] NICA 60

Date: Oct 25, 2013
Clarifying the Threshold for 'Likely' in Explosive Substances Offences: R v Marcus [2013] NICA 60 Introduction The case of R v Gareth Edward Marcus ([2013] NICA 60) before the Court of Appeal in...
Redefining 'Newly Discovered Facts' for Miscarriage of Justice Compensation: Fitzpatrick & Anor [2013] NICA 66

Redefining 'Newly Discovered Facts' for Miscarriage of Justice Compensation: Fitzpatrick & Anor [2013] NICA 66

Date: Oct 23, 2013
Redefining 'Newly Discovered Facts' for Miscarriage of Justice Compensation: Fitzpatrick & Anor [2013] NICA 66 Introduction Fitzpatrick & Anor, Re Judicial Review ([2013] NICA 66) is a pivotal...
Brewster v. NLGO's Superannuation Committee: Affirming Nomination Requirements for Cohabitee Pensions

Brewster v. NLGO's Superannuation Committee: Affirming Nomination Requirements for Cohabitee Pensions

Date: Oct 2, 2013
Brewster v. Northern Ireland Local Government Officers' Superannuation Committee: Affirming Nomination Requirements for Cohabitee Pensions Introduction Brewster v. Northern Ireland Local Government...
Curistan v. Keenan: Establishing the Bounds of Unfair Harm in Insolvency Administration

Curistan v. Keenan: Establishing the Bounds of Unfair Harm in Insolvency Administration

Date: Sep 17, 2013
Curistan v. Keenan: Establishing the Bounds of Unfair Harm in Insolvency Administration Introduction The case of Curistan v. Keenan ([2013] NICh 13) adjudicated by McCloskey J in the High Court of...
Assessing Reinstatement Impracticability in Unfair Dismissal: Insights from Lewis v. McWhinney's Sausages Ltd [2013] NICA 47

Assessing Reinstatement Impracticability in Unfair Dismissal: Insights from Lewis v. McWhinney's Sausages Ltd [2013] NICA 47

Date: Sep 13, 2013
Assessing Reinstatement Impracticability in Unfair Dismissal: Insights from Lewis v. McWhinney's Sausages Ltd [2013] NICA 47 Introduction Lewis v. McWhinney's Sausages Ltd ([2013] NICA 47) is a...
Paramount Welfare of the Child in International Relocation: Insights from SH v RD [2013] NICA 44

Paramount Welfare of the Child in International Relocation: Insights from SH v RD [2013] NICA 44

Date: Sep 10, 2013
Paramount Welfare of the Child in International Relocation: Insights from SH v RD [2013] NICA 44 Introduction SH v RD ([2013] NICA 44) is a pivotal case heard by the Appellate Court in Northern...
Judicial Review in ALJ and A, B and C: Safeguarding Child Welfare in Asylum Decisions

Judicial Review in ALJ and A, B and C: Safeguarding Child Welfare in Asylum Decisions

Date: Aug 15, 2013
Judicial Review in ALJ and A, B and C: Safeguarding Child Welfare in Asylum Decisions Introduction In the landmark case ALJ and A, B and C, Re Judicial Review ([2013] NIQB 88), the High Court of...
Reinforcing Sentencing Guidelines for Youth Offenders in Violent Assault Cases: Insights from Queen v. Todd Newton et al. [2013] NICA 38

Reinforcing Sentencing Guidelines for Youth Offenders in Violent Assault Cases: Insights from Queen v. Todd Newton et al. [2013] NICA 38

Date: Jun 29, 2013
Reinforcing Sentencing Guidelines for Youth Offenders in Violent Assault Cases: Insights from Queen v. Todd Newton et al. [2013] NICA 38 Introduction The case of Queen v. Todd Newton, Ruari Doey, and...
Queen v. Kevin Brannigan [2013] NICA 39: Reinforcing Strict Sentencing for Dangerous Driving and Perverting the Course of Justice

Queen v. Kevin Brannigan [2013] NICA 39: Reinforcing Strict Sentencing for Dangerous Driving and Perverting the Course of Justice

Date: Jun 28, 2013
Queen v. Kevin Brannigan [2013] NICA 39: Reinforcing Strict Sentencing for Dangerous Driving and Perverting the Course of Justice Introduction In the landmark case of Queen v. Kevin Brannigan ([2013]...
Brinks Ireland Ltd v Hines: Clarifying TUPE Applicability and Compensation Uplifts in Unfair Dismissal Cases

Brinks Ireland Ltd v Hines: Clarifying TUPE Applicability and Compensation Uplifts in Unfair Dismissal Cases

Date: Jun 25, 2013
Brinks Ireland Ltd v Hines: Clarifying TUPE Applicability and Compensation Uplifts in Unfair Dismissal Cases Introduction The case of Brinks Ireland Ltd v Adrian Hines ([2013] NICA 32) addresses...
Enhancing Procurement Transparency: Insights from Resource (NI) Ltd v. University of Ulster ([2013] NIQB 64)

Enhancing Procurement Transparency: Insights from Resource (NI) Ltd v. University of Ulster ([2013] NIQB 64)

Date: Jun 8, 2013
Enhancing Procurement Transparency: Insights from Resource (NI) Ltd v. University of Ulster ([2013] NIQB 64) Introduction The case of Resource (NI) Ltd v. University of Ulster ([2013] NIQB 64)...
Clarifying Sentencing Guidelines for Class A Drug Supply: McKeown v [2013] NICA 28

Clarifying Sentencing Guidelines for Class A Drug Supply: McKeown v [2013] NICA 28

Date: May 18, 2013
Clarifying Sentencing Guidelines for Class A Drug Supply: McKeown v [2013] NICA 28 Introduction The case of R v McKeown ([2013] NICA 28) before the Court of Appeal in Northern Ireland serves as a...
Tribunal Reasoning in Unfair Dismissal Cases: Affirmation in Ferris & Anor v. Regency Carpet Manufacturing Ltd [2013] NICA 26

Tribunal Reasoning in Unfair Dismissal Cases: Affirmation in Ferris & Anor v. Regency Carpet Manufacturing Ltd [2013] NICA 26

Date: May 15, 2013
Tribunal Reasoning in Unfair Dismissal Cases: Affirmation in Ferris & Anor v. Regency Carpet Manufacturing Ltd [2013] NICA 26 Introduction The case of Ferris & Anor v. Regency Carpet Manufacturing...
Judicial Review of PSNI's Stop and Search Powers: Upholding Human Rights under Articles 5 and 8 of the ECHR

Judicial Review of PSNI's Stop and Search Powers: Upholding Human Rights under Articles 5 and 8 of the ECHR

Date: May 10, 2013
Judicial Review of PSNI's Stop and Search Powers: Upholding Human Rights under Articles 5 and 8 of the ECHR Introduction The case of Fox & Ors v Judicial Review ([2013] NICA 19) before the Court of...
Reaffirming Environmental Compliance: The High Court's Stance on the Habitats Directive in Alternative A5 Alliance Judgment

Reaffirming Environmental Compliance: The High Court's Stance on the Habitats Directive in Alternative A5 Alliance Judgment

Date: Mar 13, 2013
Reaffirming Environmental Compliance: The High Court's Stance on the Habitats Directive in Alternative A5 Alliance Judgment Introduction The High Court of Justice in Northern Ireland Queen's Bench...
Non-Justiciability of International Obligations in UK Planning Decisions: Comprehensive Commentary on National Trusts v High Court [2013] NIQB 60

Non-Justiciability of International Obligations in UK Planning Decisions: Comprehensive Commentary on National Trusts v High Court [2013] NIQB 60

Date: Feb 28, 2013
Non-Justiciability of International Obligations in UK Planning Decisions: Comprehensive Commentary on National Trusts v High Court [2013] NIQB 60 Introduction National Trusts, Re Judicial Review...
Lithuania v. Campbell: Establishing Strict Standards for Article 3 in Extradition Cases

Lithuania v. Campbell: Establishing Strict Standards for Article 3 in Extradition Cases

Date: Feb 23, 2013
Lithuania v. Campbell: Establishing Strict Standards for Article 3 in Extradition Cases Introduction Lithuania v. Campbell ([2013] NIQB 19) is a pivotal case adjudicated by the High Court of Justice...
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