Northern Ireland Case Commentaries

Regulatory Oversight and Commissioned Agency Models: When Discrimination Tribunal Jurisdiction Ends Because the Claimant Is Not an “Employee”

Date: Dec 16, 2025

Regulatory Oversight and Commissioned Agency Models: When Discrimination Tribunal Jurisdiction Ends Because the Claimant Is Not an “Employee” Case: McGreevy v NFU Mutual Insurance Society LTD [2025]...

Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform: Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64

Date: Dec 15, 2025

Legacy Inquests, “Public Record” Rationales, and Stays Pending Legislative Reform: Commentary on Soldiers A & C, Application for Judicial Review [2025] NICA 64 1. Introduction This Court of Appeal...

“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008

Date: Dec 11, 2025

“Immediate” Means Imminent, Not Contingent: Limits on Parole Commissioners’ Powers under Article 28 Criminal Justice (Northern Ireland) Order 2008 1. Introduction This judgment of the Court of Appeal...

Coherent Reasons, Comparators and Burden of Proof in Sex Discrimination Cases: Commentary on Armagh City, Banbridge and Craigavon Borough Council v O'Neill [2025] NICA 61

Date: Dec 6, 2025

Coherent Reasons, Comparators and the Burden of Proof in Sex Discrimination Claims: Armagh City, Banbridge and Craigavon Borough Council v O'Neill [2025] NICA 61 1. Introduction This Court of Appeal...

Open Justice Prevails over Party Anonymity Where Article 2/8 Thresholds Are Not Met, Despite Withholding Sensitive Anonymity Submissions

Date: Dec 6, 2025

Open Justice Prevails over Party Anonymity Where Article 2/8 Thresholds Are Not Met, Despite Withholding Sensitive Anonymity Submissions 1. Introduction Rana (t/a Dee Indian Ltd) v Bouliach (Re...

Misnaming a Deceased Plaintiff Does Not Void Estate Proceedings: Commentary on In the Matter of the Estate of Hugh Fitzpatrick (Deceased) [2025] NICA 59

Date: Dec 2, 2025

Misnaming a Deceased Plaintiff Does Not Void Estate Proceedings: Commentary on In the Matter of the Estate of Hugh Fitzpatrick (Deceased) [2025] NICA 59 Court of Appeal in Northern Ireland, Keegan...

Grant v Metloc Systems Ltd [2025] NICA 60: The “Just and Equitable” Test for Extending Time in Northern Ireland Discrimination Claims

Date: Nov 26, 2025

Grant v Metloc Systems Ltd [2025] NICA 60: Clarifying the “Just and Equitable” Extension of Time Test in Northern Ireland Discrimination Claims 1. Introduction This Court of Appeal decision in Grant...

The Exceptional Threshold for Setting Aside Administration Orders and the Effect of Pensions Regulator Vesting Orders: Commentary on Incartus Ltd (In Administration) [2025] NICA 58

Date: Nov 22, 2025

The Exceptional Threshold for Setting Aside Administration Orders and the Effect of Pensions Regulator Vesting Orders: Commentary on Incartus Ltd (In Administration) [2025] NICA 58 1. Introduction...

Acquiescence by Open Litigation Conduct: NICA holds that counsel‑endorsed position papers and a draft order conceding jurisdiction amount to clear and irrevocable Article 13(1)(a) acquiescence

Date: Nov 19, 2025

Acquiescence by Open Litigation Conduct: NICA holds that counsel‑endorsed position papers and a draft order conceding jurisdiction amount to clear and irrevocable Article 13(1)(a) acquiescence...

Bunting & Anor v Blaney & Anor (No. 2): The “Four Cs” Standard for Grounds of Appeal and Respondents’ Notices

Date: Oct 25, 2025

Bunting & Anor v Blaney & Anor (No. 2): The “Four Cs” Standard for Grounds of Appeal and Respondents’ Notices 1. Introduction In Bunting & Anor v Blaney & Anor (No. 2: Best Practice) [2025] NICA 67,...

Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal

Date: Oct 17, 2025

Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal Introduction In Carson v...

R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending

Date: Oct 11, 2025

R v Andrews [2025] NICA 54: Consecutive Sentences Across Multiple Indictments and Parity of Attempted Rape with Rape — A Robust Totality Review in Multi‑Victim Online Sexual Offending Reporting...

Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up hearings

Date: Oct 9, 2025

Morris v NIHE: Court of Appeal reaffirms the primacy of statutory review and resource‑sensitive deference in challenges to temporary accommodation, and expects explicit leave decisions in rolled‑up...

New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50

Date: Oct 4, 2025

New 8–15 Year Sentencing Range for Multiple Hijackings, Article 6 Delay Not Mitigation, and Prosecutorial Duty to Indicate Sentencing Range — Commentary on R v Collins & Mateer [2025] NICA 50 Case:...

Culpability and Mens Rea in “Allowing” under s.5 DVCVA: Guilty Plea Fixes Objective Awareness; Exceptional Mitigation for Parental Status Rejected — Commentary on AD [2025] NICA 48

Date: Oct 4, 2025

Culpability and Mens Rea in “Allowing” under s.5 DVCVA: Guilty Plea Fixes Objective Awareness; Exceptional Mitigation for Parental Status Rejected — Commentary on AD [2025] NICA 48 Key takeaways A...

From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter

Date: Oct 1, 2025

From “As Short-Lived as Possible” to “Reasonable Time”: NICA sets the test for Article 8 delay in asylum decisions and re‑states the Salem filter Introduction This commentary analyses the Court of...

Irvine: Exceptional Circumstances and Firearms Minimum Sentences—Good Character and Community Service Are Not Enough

Date: Sep 25, 2025

Irvine: Exceptional Circumstances and Firearms Minimum Sentences—Good Character and Community Service Are Not Enough Introduction In The King v Winston Irvine [2025] NICA 45, the Court of Appeal in...

Modified Universalism Within the UK: Discretion to Apply Scots Insolvency Law to Northern Irish Assets Under s 426 Insolvency Act 1986 — MacLennan v Walkington [2025] NICA 47

Date: Sep 24, 2025

Modified Universalism Within the UK: Discretion to Apply Scots Insolvency Law to Northern Irish Assets Under s 426 Insolvency Act 1986 Case: MacLennan v Walkington [2025] NICA 47 Court: Court of...

MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the headline offence

Date: Sep 24, 2025

MacCormack [2025] NICA 49: Establishing a 12–14 year starting band for aggravated human trafficking and clarifying how concurrent offences (drug supply and control of prostitution) aggravate the...

Order 113 Possession for Purchasers from Mortgagees in Possession Despite Pending Registration

Date: Sep 20, 2025

Order 113 Possession for Purchasers from Mortgagees in Possession Despite Pending Registration 1. Introduction Ker Property Management Ltd v McKeever & Anor [2025] NICA 43 is a Northern Ireland Court...