Northern Ireland Case Commentaries

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...

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

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

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)

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

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

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

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

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

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

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...

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

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

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

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...