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  • Commentaries

Northern Ireland Case Commentaries

Assessing Reasonableness in Unfair Dismissal: Antrim Borough Council v. McCann [2013] NICA 7

Assessing Reasonableness in Unfair Dismissal: Antrim Borough Council v. McCann [2013] NICA 7

Date: Feb 15, 2013
Assessing Reasonableness in Unfair Dismissal: Antrim Borough Council v. McCann [2013] NICA 7 Introduction The case of Antrim Borough Council v. McCann ([2013] NICA 7) presents a pivotal examination...
Prioritizing Temporary Release Assessments Over Bail Applications: Insights from McGlinchey [2013] NIQB 5

Prioritizing Temporary Release Assessments Over Bail Applications: Insights from McGlinchey [2013] NIQB 5

Date: Jan 27, 2013
Prioritizing Temporary Release Assessments Over Bail Applications: Insights from McGlinchey [2013] NIQB 5 Introduction The case of McGlinchey, Re Judicial Review ([2013] NIQB 5) presents a...
Clarifying Similar Fact Evidence in Sentencing and Dangerousness Assessments: R v McCarney [2013] NICC 1

Clarifying Similar Fact Evidence in Sentencing and Dangerousness Assessments: R v McCarney [2013] NICC 1

Date: Jan 26, 2013
Clarifying Similar Fact Evidence in Sentencing and Dangerousness Assessments: R v McCarney [2013] NICC 1 Introduction R v McCarney [2013] NICC 1 is a landmark judgment delivered by Stephens J in the...
Establishing Duty to Assess and Provide Community Care: Insights from JR 47's Application [2013] NIQB 7

Establishing Duty to Assess and Provide Community Care: Insights from JR 47's Application [2013] NIQB 7

Date: Jan 26, 2013
Establishing Duty to Assess and Provide Community Care: Insights from JR 47's Application [2013] NIQB 7 Introduction JR 47's Application [2013] NIQB 7 is a significant judicial review case...
Enhancing Jury Directions on Delayed Complaints in Historic Sexual Abuse Cases: R v JW [2013] NICA 6

Enhancing Jury Directions on Delayed Complaints in Historic Sexual Abuse Cases: R v JW [2013] NICA 6

Date: Jan 24, 2013
Enhancing Jury Directions on Delayed Complaints in Historic Sexual Abuse Cases: R v JW [2013] NICA 6 Introduction R v JW [2013] NICA 6 is a pivotal case from the Court of Appeal in Northern Ireland...
Balancing Licence Condition Breaches and Public Risk in Parole Revocation: Insights from Foden’s Judicial Review

Balancing Licence Condition Breaches and Public Risk in Parole Revocation: Insights from Foden’s Judicial Review

Date: Jan 22, 2013
Balancing Licence Condition Breaches and Public Risk in Parole Revocation: Insights from Foden’s Judicial Review Introduction In the landmark case of Foden, Re Judicial Review ([2013] NIQB 2), the...
Strict Promptitude in Judicial Review: The Musgrave Retail Partners Case

Strict Promptitude in Judicial Review: The Musgrave Retail Partners Case

Date: Dec 22, 2012
Strict Promptitude in Judicial Review: The Musgrave Retail Partners Case Introduction The case of Musgrave Retail Partners (Northern Ireland) Limited v Department of the Environment for Northern...
Establishing Dangerousness in Terrorism-Related Offences: A Commentary on R v Wong [2012] NICA 54

Establishing Dangerousness in Terrorism-Related Offences: A Commentary on R v Wong [2012] NICA 54

Date: Dec 13, 2012
Establishing Dangerousness in Terrorism-Related Offences: A Commentary on R v Wong [2012] NICA 54 Introduction The case of R v Wong ([2012] NICA 54) presents a pivotal examination of the application...
Anonymity in Online Harassment Cases: The Precedent Set by XY v. Facebook Ireland Ltd. ([2012] NIQB 96)

Anonymity in Online Harassment Cases: The Precedent Set by XY v. Facebook Ireland Ltd. ([2012] NIQB 96)

Date: Dec 1, 2012
Anonymity in Online Harassment Cases: The Precedent Set by XY v. Facebook Ireland Ltd. ([2012] NIQB 96) Introduction The case of XY v. Facebook Ireland Ltd. ([2012] NIQB 96) is a landmark judgment...
Clarity and Fairness in Public Procurement: Clinton v Department for Employment and Learning [2012] NICA 48

Clarity and Fairness in Public Procurement: Clinton v Department for Employment and Learning [2012] NICA 48

Date: Nov 14, 2012
Clarity and Fairness in Public Procurement: Clinton v Department for Employment and Learning [2012] NICA 48 Introduction The case of Clinton (t/a Oriel Training Services) v. Department for Employment...
Refining Judicial Review Standards for Permission to Appeal in Immigration Cases

Refining Judicial Review Standards for Permission to Appeal in Immigration Cases

Date: Nov 10, 2012
Refining Judicial Review Standards for Permission to Appeal in Immigration Cases Introduction The case of A & Anor, Re Judicial Review ([2012] NIQB 86) serves as a pivotal judgment in the realm of...
Martin v Police Ombudsman for Northern Ireland: Breach of Statutory Duty Due to Unreasonable Delay

Martin v Police Ombudsman for Northern Ireland: Breach of Statutory Duty Due to Unreasonable Delay

Date: Oct 27, 2012
Martin v Police Ombudsman for Northern Ireland: Breach of Statutory Duty Due to Unreasonable Delay Introduction In the landmark case of Martin v Police Ombudsman for Northern Ireland ([2012] NIQB...
Balancing Article 2 Obligations and Witness Protection: Insights from C & Ors v Re Judicial Review (Rev 2) [2012] NICA 47

Balancing Article 2 Obligations and Witness Protection: Insights from C & Ors v Re Judicial Review (Rev 2) [2012] NICA 47

Date: Oct 18, 2012
Balancing Article 2 Obligations and Witness Protection: Insights from C & Ors v Re Judicial Review (Rev 2) [2012] NICA 47 Introduction The case of C & Ors v Re Judicial Review (Rev 2) [2012] NICA 47...
R v DM: Establishing the Boundaries of Suspended Sentences in Sexual Offences Involving Minors

R v DM: Establishing the Boundaries of Suspended Sentences in Sexual Offences Involving Minors

Date: Sep 25, 2012
R v DM: Establishing the Boundaries of Suspended Sentences in Sexual Offences Involving Minors Introduction The case of R v DM [2012] NICA 36 addresses critical issues surrounding the appropriate...
J, R v [2011] NICA 33: Juror Directions on Consent, Capacity, and Bad Character in Juvenile Rape Cases

J, R v [2011] NICA 33: Juror Directions on Consent, Capacity, and Bad Character in Juvenile Rape Cases

Date: Sep 21, 2012
J, R v [2011] NICA 33: Juror Directions on Consent, Capacity, and Bad Character in Juvenile Rape Cases Introduction The case of J, R v ([2011] NICA 33) was adjudicated by the Court of Appeal in...
Moderate Risk Constitutes a Real and Immediate Threat Under Article 2: Insights from Officers C & Ors, Re Judicial Review

Moderate Risk Constitutes a Real and Immediate Threat Under Article 2: Insights from Officers C & Ors, Re Judicial Review

Date: Sep 19, 2012
Moderate Risk Constitutes a Real and Immediate Threat Under Article 2: Insights from Officers C & Ors, Re Judicial Review Introduction The case of Officers C & Ors, Re Judicial Review ([2012] NIQB...
Judicial Review of Royal Prerogative of Mercy Decisions: Insights from McGeough v Secretary of State [2012] NICA 28

Judicial Review of Royal Prerogative of Mercy Decisions: Insights from McGeough v Secretary of State [2012] NICA 28

Date: Jul 4, 2012
Judicial Review of Royal Prerogative of Mercy Decisions: Insights from McGeough v Secretary of State [2012] NICA 28 Introduction The case of McGeough v Secretary of State [2012] NICA 28, adjudicated...
Clarifying the Scope of Confiscation Orders in Environmental Crimes: R v Allingham & Anor

Clarifying the Scope of Confiscation Orders in Environmental Crimes: R v Allingham & Anor

Date: Jun 30, 2012
Clarifying the Scope of Confiscation Orders in Environmental Crimes: R v Allingham & Anor Introduction The case of R v Allingham & Anor, R v McKenna ([2012] NICA 29) adjudicated by the Court of...
Reaffirmation of Indirect Sex Discrimination Standards in Employment: Peifer v. Castlederg High School & Ors ([2012] NICA 21)

Reaffirmation of Indirect Sex Discrimination Standards in Employment: Peifer v. Castlederg High School & Ors ([2012] NICA 21)

Date: Jun 28, 2012
Reaffirmation of Indirect Sex Discrimination Standards in Employment: Peifer v. Castlederg High School & Ors ([2012] NICA 21) Introduction Peifer v. Castlederg High School & Ors ([2012] NICA 21) is a...
Defining Vicinity in Licensing Cases: Analyzing Sainsbury's Supermarket Ltd v. Winemark The Wine Merchants Ltd & Ors ([2012] NIQB 45)

Defining Vicinity in Licensing Cases: Analyzing Sainsbury's Supermarket Ltd v. Winemark The Wine Merchants Ltd & Ors ([2012] NIQB 45)

Date: Jun 22, 2012
Defining Vicinity in Licensing Cases: Analyzing Sainsbury's Supermarket Ltd v. Winemark The Wine Merchants Ltd & Ors ([2012] NIQB 45) Introduction The case of Sainsbury's Supermarket Ltd v. Winemark...
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