Northern Ireland Case Commentaries

Clarifying Policy CTY8 on Ribbon Development: Comprehensive Analysis of McNamara v Lisburn and Castlereagh City Council [2018] NIQB 22

Date: Mar 10, 2018

Clarifying Policy CTY8 on Ribbon Development: Comprehensive Analysis of McNamara v Lisburn and Castlereagh City Council [2018] NIQB 22 Introduction The case McNamara v Lisburn and Castlereagh City...

Herron v. Bank of Scotland Plc: Reinforcing Strict Adherence to Affidavit Protocols in Mortgage Possession Proceedings

Date: Mar 10, 2018

Herron v. Bank of Scotland Plc: Reinforcing Strict Adherence to Affidavit Protocols in Mortgage Possession Proceedings Introduction Herron v. Bank of Scotland Plc ([2018] NICA 11) is a significant...

Hughes v. Northern Ireland: Upholding Article 2 Obligations in Legacy Inquests

Date: Mar 9, 2018

Hughes v. Northern Ireland: Upholding Article 2 Obligations in Legacy Inquests Introduction Hughes v. Northern Ireland ([2018] NIQB 30) is a pivotal case heard by the High Court of Justice in...

Section 55(3) Compliance in Deportation Decisions: Comprehensive Analysis of ED v SSHD [2018] NIQB 19

Date: Feb 23, 2018

Section 55(3) Compliance in Deportation Decisions: Comprehensive Analysis of ED v SSHD [2018] NIQB 19 Introduction The case of ED v Secretary of State for the Home Department (SSHD) [2018] NIQB 19...

Hegarty v Department of Justice and Parole Commissioners: Upholding Procedural Fairness in Licence Revocation

Date: Feb 14, 2018

Hegarty v Department of Justice and Parole Commissioners: Upholding Procedural Fairness in Licence Revocation Introduction In the matter of Hegarty v Department of Justice and Parole Commissioners...

Balancing Discovery Obligations and Proportionality: Flynn v. Chief Constable of PSNI [2018] NICA 3

Date: Feb 6, 2018

Balancing Discovery Obligations and Proportionality: Flynn v. Chief Constable of PSNI [2018] NICA 3 1. Introduction Flynn v. Chief Constable of The Police Service of Northern Ireland ([2018] NICA 3)...

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...