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  • Commentaries

Northern Ireland Case Commentaries

Balancing Property Rights and ECHR Protections: Insights from McDonald v Mid Ulster District Council [2024] NICA 58

Balancing Property Rights and ECHR Protections: Insights from McDonald v Mid Ulster District Council [2024] NICA 58

Date: Aug 14, 2024
Balancing Property Rights and ECHR Protections: Insights from McDonald v Mid Ulster District Council [2024] NICA 58 Introduction McDonald v Mid Ulster District Council ([2024] NICA 58) is a pivotal...
Re Cloughvalley Stores (NI) Ltd: Strengthening Directors' Accountability and Appeal Procedures in Northern Ireland

Re Cloughvalley Stores (NI) Ltd: Strengthening Directors' Accountability and Appeal Procedures in Northern Ireland

Date: Jun 26, 2024
Re Cloughvalley Stores (NI) Ltd: Strengthening Directors' Accountability and Appeal Procedures in Northern Ireland Introduction The case of Quinn v Department for the Economy (Re Cloughvalley Stores...
Proportionality in Sexual Offences Prevention Orders: Insights from Beattie, R. v [2024] NICA 51

Proportionality in Sexual Offences Prevention Orders: Insights from Beattie, R. v [2024] NICA 51

Date: Jun 22, 2024
Proportionality in Sexual Offences Prevention Orders: Insights from Beattie, R. v [2024] NICA 51 Introduction The case of Beattie, R. v ([2024] NICA 51) before the Court of Appeal in Northern Ireland...
Strategic Significance and Community Fund Considerations in Judicial Review: Insights from No Gas Caverns Ltd v Friends of the Earth

Strategic Significance and Community Fund Considerations in Judicial Review: Insights from No Gas Caverns Ltd v Friends of the Earth

Date: Jun 18, 2024
Strategic Significance and Community Fund Considerations in Judicial Review: Insights from No Gas Caverns Ltd v Friends of the Earth Introduction The case of No Gas Caverns Ltd and Friends of the...
Wilson v Department of Health for Northern Ireland: Establishing the Limits of SSC18 in Judicial Review

Wilson v Department of Health for Northern Ireland: Establishing the Limits of SSC18 in Judicial Review

Date: Jun 12, 2024
Wilson v Department of Health for Northern Ireland: Establishing the Limits of SSC18 in Judicial Review Introduction Wilson v Department of Health for Northern Ireland ([2024] NICA 53) is a pivotal...
Empowering Magistrates: The Scope of Article 158A in Public Prosecution Service v Boyd [2024] NICA 48

Empowering Magistrates: The Scope of Article 158A in Public Prosecution Service v Boyd [2024] NICA 48

Date: Jun 11, 2024
Empowering Magistrates: The Scope of Article 158A in Public Prosecution Service v Boyd [2024] NICA 48 Introduction In the landmark case of Public Prosecution Service v Boyd ([2024] NICA 48), the...
Murtagh v Law Society of Northern Ireland: Affirming Regulatory Discretion and Proportionality in Practising Certificate Conditions

Murtagh v Law Society of Northern Ireland: Affirming Regulatory Discretion and Proportionality in Practising Certificate Conditions

Date: Jun 11, 2024
Murtagh v Law Society of Northern Ireland: Affirming Regulatory Discretion and Proportionality in Practising Certificate Conditions Introduction The case of Murtagh v Law Society of Northern Ireland...
Limitation on Police Duty of Care for Omissions: Holbeach v Chief Constable of PSNI [2024] NICA 45

Limitation on Police Duty of Care for Omissions: Holbeach v Chief Constable of PSNI [2024] NICA 45

Date: Jun 1, 2024
Limitation on Police Duty of Care for Omissions: Holbeach v Chief Constable of PSNI [2024] NICA 45 Introduction Holbeach v Chief Constable of the Police Service of Northern Ireland ([2024] NICA 45)...
Upholding Judicial Discretion on Bad Character Evidence and Jury Discharge: King v BD [2024] NICA 46

Upholding Judicial Discretion on Bad Character Evidence and Jury Discharge: King v BD [2024] NICA 46

Date: Jun 1, 2024
Upholding Judicial Discretion on Bad Character Evidence and Jury Discharge: King v BD [2024] NICA 46 Introduction In the landmark case King v BD ([2024] NICA 46), the Court of Appeal in Northern...
Admissibility of Deceased Witnesses' Statements: McGlinchey v Regina [2024] NICA 43

Admissibility of Deceased Witnesses' Statements: McGlinchey v Regina [2024] NICA 43

Date: May 31, 2024
Admissibility of Deceased Witnesses' Statements: McGlinchey v Regina [2024] NICA 43 Introduction In the case of McGlinchey, R. v Regina ([2024] NICA 43), the Court of Appeal in Northern Ireland...
Court of Appeal Confirms Grave Risk Exception Under Hague Convention in Child Abduction Case F v M

Court of Appeal Confirms Grave Risk Exception Under Hague Convention in Child Abduction Case F v M

Date: May 16, 2024
Court of Appeal Confirms Grave Risk Exception Under Hague Convention in Child Abduction Case F v M Introduction The case of F v M (Hague Convention: Grave Risk) ([2024] NICA 38) was adjudicated by...
Enhancing Sentencing Proportionality in Conspiracy to Commit Theft: Clarke & Anor, R. v [2024] NICA 52

Enhancing Sentencing Proportionality in Conspiracy to Commit Theft: Clarke & Anor, R. v [2024] NICA 52

Date: May 11, 2024
Enhancing Sentencing Proportionality in Conspiracy to Commit Theft: Clarke & Anor, R. v [2024] NICA 52 1. Introduction The case of Clarke & Anor, R. v [2024] NICA 52 ascended to the Court of Appeal...
Refining Sentencing Standards in Northern Ireland: The Nauburaitis v The King Judgment

Refining Sentencing Standards in Northern Ireland: The Nauburaitis v The King Judgment

Date: May 11, 2024
Refining Sentencing Standards in Northern Ireland: The Nauburaitis v The King Judgment Introduction The case of Nauburaitis v The King ([2024] NICA 37) presents a significant examination of...
Zhang v SSHD & Ors: Jurisdictional Limitations on Removal Schemes for Life Prisoners under the Human Rights Act 1998

Zhang v SSHD & Ors: Jurisdictional Limitations on Removal Schemes for Life Prisoners under the Human Rights Act 1998

Date: May 11, 2024
Zhang v SSHD & Ors: Jurisdictional Limitations on Removal Schemes for Life Prisoners under the Human Rights Act 1998 Introduction Zhang v SSHD & Ors ([2024] NICA 41) is a landmark decision by the...
Establishing Coercive Control as an Aggravating Factor in Domestic Murder Sentencing: McKinney v The King [2024] NICA 35

Establishing Coercive Control as an Aggravating Factor in Domestic Murder Sentencing: McKinney v The King [2024] NICA 35

Date: May 4, 2024
Establishing Coercive Control as an Aggravating Factor in Domestic Murder Sentencing: McKinney v The King [2024] NICA 35 Introduction The case of McKinney v The King [2024] NICA 35 presents a...
Balancing Religious Education Curriculum and Parental Exemption Rights Under A2P1 - [2024] NICA 34

Balancing Religious Education Curriculum and Parental Exemption Rights Under A2P1 - [2024] NICA 34

Date: May 1, 2024
Balancing Religious Education Curriculum and Parental Exemption Rights Under A2P1 - [2024] NICA 34 Introduction The Court of Appeal in Northern Ireland delivered a pivotal judgment in JR87,...
Coroner's Discretion Over Gisting Sensitive Information Upheld Against PII Claims: Secretary of State for Northern Ireland v Fee

Coroner's Discretion Over Gisting Sensitive Information Upheld Against PII Claims: Secretary of State for Northern Ireland v Fee

Date: May 1, 2024
Coroner's Discretion Over Gisting Sensitive Information Upheld Against PII Claims: Secretary of State for Northern Ireland v Fee Introduction The case of The Secretary of State for Northern Ireland v...
Commentary on Duffy v The King [2024] NICA 33: Upholding the Sanctity of Guilty Pleas in Northern Ireland's Appellate Court

Commentary on Duffy v The King [2024] NICA 33: Upholding the Sanctity of Guilty Pleas in Northern Ireland's Appellate Court

Date: Apr 30, 2024
Duffy v The King [2024] NICA 33: Upholding the Sanctity of Guilty Pleas in Northern Ireland's Appellate Court Introduction The case of Paul Pius Duffy v The King [2024] NICA 33, heard by the Court of...
Strict Evidentiary Standards in Appeals: Insights from Carlin & Anor v A&L Goodbody Northern Ireland LLP

Strict Evidentiary Standards in Appeals: Insights from Carlin & Anor v A&L Goodbody Northern Ireland LLP

Date: Apr 25, 2024
Strict Evidentiary Standards in Appeals: Insights from Carlin & Anor v A&L Goodbody Northern Ireland LLP Introduction The case of Thomas Anthony Carlin and Maxine Karon Hughes v A&L Goodbody Northern...
Thompson R. v [2024] NICA 30: Establishing Standards for Conviction Safety in the Presence of Police Misconduct

Thompson R. v [2024] NICA 30: Establishing Standards for Conviction Safety in the Presence of Police Misconduct

Date: Apr 25, 2024
Thompson R. v [2024] NICA 30: Establishing Standards for Conviction Safety in the Presence of Police Misconduct Introduction The case of Thompson R. v [2024] NICA 30 represents a pivotal moment in...
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