Northern Ireland Case Commentaries

Access to Solicitor Documents Under Power of Attorney: Mortgage Business Plc v. Taggart [2014] NICh 14

Date: May 1, 2014

Access to Solicitor Documents Under Power of Attorney: Mortgage Business Plc v. Taggart [2014] NICh 14 Introduction The case of The Mortgage Business Plc and Bank of Scotland Plc (t/a Birmingham...

Strict Application of Time-Limits in TUPE-Related Unfair Dismissal Claim Amendments: Mathews v. Nortel Networks UK Ltd

Date: Apr 18, 2014

Strict Application of Time-Limits in TUPE-Related Unfair Dismissal Claim Amendments: Mathews v. Nortel Networks UK Ltd Introduction The case of Mathews v. Nortel Networks UK Ltd (in administration)...

Time-Limit Interpretations under Article 217: Insight from Dempsey v. David Patton and Sons (NI) Ltd [2014]

Date: Apr 4, 2014

Time-Limit Interpretations under Article 217: Insight from Dempsey v. David Patton and Sons (NI) Ltd [2014] Introduction The case of Dempsey v. David Patton and Sons (NI) Ltd ([2014] NIIT 947_13IT)...

Negligence in Road Traffic Accidents: Insights from Savage v. McCourt ([2014] NIQB 38)

Date: Mar 28, 2014

Negligence in Road Traffic Accidents: Insights from Savage v. McCourt ([2014] NIQB 38) 1. Introduction Savage v. McCourt ([2014] NIQB 38) is a pivotal case adjudicated in the High Court of Justice in...

Simpson v. Castlereagh Borough Council [2014] NICA 28: Affirming Victimisation Claims in Sex Discrimination under Northern Ireland Law

Date: Mar 26, 2014

Simpson v. Castlereagh Borough Council [2014] NICA 28: Affirming Victimisation Claims in Sex Discrimination under Northern Ireland Law Introduction The case of Simpson v. Castlereagh Borough Council...

Reinforcing Procedural Rigor and Tribunal Authority in Employment Disputes: Insights from Mihail v. Lloyds Banking Group [2014] NICA 24

Date: Mar 14, 2014

Reinforcing Procedural Rigor and Tribunal Authority in Employment Disputes: Insights from Mihail v. Lloyds Banking Group [2014] NICA 24 Introduction Mihail v. Lloyds Banking Group ([2014] NICA 24) is...

Ensuring Procedural Fairness and Effective Investigation in Coronial Inquests: Insights from Jordan, Re Judicial Review ([2014] NIQB 11)

Date: Feb 1, 2014

Ensuring Procedural Fairness and Effective Investigation in Coronial Inquests: Insights from Jordan, Re Judicial Review ([2014] NIQB 11) Introduction The case of Jordan, Re Judicial Review ([2014]...

Enforcement of Judicial Review Time Limits and Clarification of Consultation Obligations under the Local Government (Best Value) Act 2002: Insights from Bryson Recycling Ltd v NI High Court

Date: Jan 24, 2014

Enforcement of Judicial Review Time Limits and Clarification of Consultation Obligations under the Local Government (Best Value) Act 2002: Insights from Bryson Recycling Ltd v NI High Court...

McGreechan v Northern Ireland: Strengthening Appeal Rights for Minors under Human Rights Law

Date: Jan 18, 2014

McGreechan v Northern Ireland: Strengthening Appeal Rights for Minors under Human Rights Law Content Warning: This commentary discusses legal proceedings involving sexual offences and a minor. Reader...

Enhancing Jury Instructions on Witness Credibility: Insights from A, R v (Rev 1) [2014] NICA 2

Date: Jan 9, 2014

Enhancing Jury Instructions on Witness Credibility: Insights from A, R v (Rev 1) [2014] NICA 2 Introduction The case of A, R v. (Rev 1) [2014] NICA 2 is a landmark decision from the Court of Appeal...

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

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)

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

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

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

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

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

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

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

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...