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  • Commentaries

Northern Ireland Case Commentaries

Court of Appeal Upholds Amendment of Summary Charges Beyond Statutory Timeframe under Article 155 of the 1981 Order

Court of Appeal Upholds Amendment of Summary Charges Beyond Statutory Timeframe under Article 155 of the 1981 Order

Date: Apr 17, 2024
Court of Appeal Upholds Amendment of Summary Charges Beyond Statutory Timeframe under Article 155 of the 1981 Order Introduction The case of Hovarth v Northern Ireland Courts and Tribunals Service...
Affirmation of PPS's Discretionary Authority in Deferred Prosecutions: Thompson v PPS (No 2) [2024] NICA 28

Affirmation of PPS's Discretionary Authority in Deferred Prosecutions: Thompson v PPS (No 2) [2024] NICA 28

Date: Apr 16, 2024
Affirmation of PPS's Discretionary Authority in Deferred Prosecutions: Thompson v PPS (No 2) [2024] NICA 28 Introduction Thompson v The Public Prosecution Service (No 2) ([2024] NICA 28) is a pivotal...
Clarifying Prosecutorial Discretion Under Section 35(5)(a): Insights from Thompson v PPS (No.1) [2024] NICA 27

Clarifying Prosecutorial Discretion Under Section 35(5)(a): Insights from Thompson v PPS (No.1) [2024] NICA 27

Date: Apr 16, 2024
Clarifying Prosecutorial Discretion Under Section 35(5)(a): Insights from Thompson v Public Prosecution Service (No.1) [2024] NICA 27 Introduction The case of William Thompson v Public Prosecution...
Delegation of Powers and Offense Construction in Security Industry Authority v Bryson [2024] NICA 23

Delegation of Powers and Offense Construction in Security Industry Authority v Bryson [2024] NICA 23

Date: Apr 11, 2024
Delegation of Powers and Offense Construction in Security Industry Authority v Bryson [2024] NICA 23 Introduction Security Industry Authority v Bryson ([2024] NICA 23) is a pivotal case heard in the...
Establishing Sentencing Framework for Hybrid Offences Involving Minors: Allen v The King [2024] NICA 24

Establishing Sentencing Framework for Hybrid Offences Involving Minors: Allen v The King [2024] NICA 24

Date: Apr 10, 2024
Establishing Sentencing Framework for Hybrid Offences Involving Minors: Allen v The King [2024] NICA 24 Introduction Allen v The King [2024] NICA 24 is a pivotal judgment delivered by the Court of...
Clarifying the Application of Policy CTY8 on Ribbon Development: Duff [2024] NICA 42

Clarifying the Application of Policy CTY8 on Ribbon Development: Duff [2024] NICA 42

Date: Apr 4, 2024
Clarifying the Application of Policy CTY8 on Ribbon Development: Duff [2024] NICA 42 Introduction Duff, Application for Judicial Review ([2024] NICA 42) is a landmark judgment by the Court of Appeal...
Playfair v The King [2024] NICA 21: Establishing Precedence on Extended Custodial Sentences in Sexual Offenses and Blackmail

Playfair v The King [2024] NICA 21: Establishing Precedence on Extended Custodial Sentences in Sexual Offenses and Blackmail

Date: Mar 23, 2024
Playfair v The King [2024] NICA 21: Establishing Precedence on Extended Custodial Sentences in Sexual Offenses and Blackmail Introduction The case of Playfair, R. v (Rev1) [2024] NICA 21 adjudicated...
Enhancing Sentencing Standards: Coyle v The King [2024] NICA 22

Enhancing Sentencing Standards: Coyle v The King [2024] NICA 22

Date: Mar 23, 2024
Enhancing Sentencing Standards: Coyle v The King [2024] NICA 22 Introduction The case of Coyle, R. v The King [2024] NICA 22 represents a significant appellate decision by the Court of Appeal in...
Security for Costs in Appellate Proceedings: Insights from Moffatt v Hamill [2024] NICA 26

Security for Costs in Appellate Proceedings: Insights from Moffatt v Hamill [2024] NICA 26

Date: Mar 20, 2024
Security for Costs in Appellate Proceedings: Insights from Moffatt v Hamill [2024] NICA 26 Introduction Moffatt v Hamill [2024] NICA 26 is a significant appellate judgment delivered by the Court of...
Reaffirming Security for Costs and Misuse of Legal Process: Moffatt v Hamill [2024] NICA 40

Reaffirming Security for Costs and Misuse of Legal Process: Moffatt v Hamill [2024] NICA 40

Date: Mar 20, 2024
Reaffirming Security for Costs and Misuse of Legal Process: Moffatt v Hamill [2024] NICA 40 Introduction Moffatt v Hamill ([2024] NICA 40) is a significant appellate decision delivered by the Court...
Application of the Totality Principle in Prolonged Sexual Offences: Analysis of Hutton v The King [2024] NICA 19

Application of the Totality Principle in Prolonged Sexual Offences: Analysis of Hutton v The King [2024] NICA 19

Date: Mar 9, 2024
Application of the Totality Principle in Prolonged Sexual Offences: Analysis of Hutton v The King [2024] NICA 19 Introduction The case of Hutton v The King ([2024] NICA 19) adjudicated by the Court...
McLaughlin v Causeway Coast and Glens: Affirming Local Planning Authority Discretion in Renewable Energy Developments

McLaughlin v Causeway Coast and Glens: Affirming Local Planning Authority Discretion in Renewable Energy Developments

Date: Mar 5, 2024
McLaughlin v Causeway Coast and Glens: Affirming Local Planning Authority Discretion in Renewable Energy Developments Introduction McLaughlin v Causeway Coast and Glens Borough Council ([2024] NICA...
Clarifying the Power to Impose Compensation Orders Post-Sentencing: The Public Prosecution Service v Boyd [2024] NICA 17

Clarifying the Power to Impose Compensation Orders Post-Sentencing: The Public Prosecution Service v Boyd [2024] NICA 17

Date: Mar 1, 2024
Clarifying the Power to Impose Compensation Orders Post-Sentencing: The Public Prosecution Service v Boyd [2024] NICA 17 Introduction In the appellate case of The Public Prosecution Service v Boyd...
Northern Health and Social Care Trust v Review Tribunal: Upholding Evaluative Judgement in Deprivation of Liberty Authorizations

Northern Health and Social Care Trust v Review Tribunal: Upholding Evaluative Judgement in Deprivation of Liberty Authorizations

Date: Feb 29, 2024
Northern Health and Social Care Trust v Review Tribunal: Upholding Evaluative Judgement in Deprivation of Liberty Authorizations Introduction The case of Northern Health and Social Care Trust v...
Gerard Adams' Application: Establishing the Academic Nature of Judicial Appeals in Post-Legislative Context

Gerard Adams' Application: Establishing the Academic Nature of Judicial Appeals in Post-Legislative Context

Date: Feb 27, 2024
Gerard Adams' Application: Establishing the Academic Nature of Judicial Appeals in Post-Legislative Context Introduction The case of Gerard Adams' Application ([2024] NICA 15) before the Court of...
Balancing Jury Requests for Replay of After the Battle Evidence: Insights from LT v The King [2024] NICA 16

Balancing Jury Requests for Replay of After the Battle Evidence: Insights from LT v The King [2024] NICA 16

Date: Feb 24, 2024
Balancing Jury Requests for Replay of After the Battle Evidence: Insights from LT v The King [2024] NICA 16 Introduction The case of LT v The King [2024] NICA 16 is a significant appellate decision...
Upholding the Brecknell Test: Comprehensive Analysis of Cameron v PSNI and PONI [2024] NICA 14

Upholding the Brecknell Test: Comprehensive Analysis of Cameron v PSNI and PONI [2024] NICA 14

Date: Feb 21, 2024
Court of Appeal Upholds Strict Application of Brecknell Test in Cameron v PSNI and PONI [2024] NICA 14 Introduction The case of Cameron v Police Service of Northern Ireland (PSNI) and Police...
Affirming the Necessity of Custodial Sentences in High Harm Child Abuse Cases: Analysis of TF, R. v ([2024] NICA 13)

Affirming the Necessity of Custodial Sentences in High Harm Child Abuse Cases: Analysis of TF, R. v ([2024] NICA 13)

Date: Feb 17, 2024
Affirming the Necessity of Custodial Sentences in High Harm Child Abuse Cases: Analysis of TF, R. v ([2024] NICA 13) Introduction The case of The King v TF, [2024] NICA 13, adjudicated by the Court...
Sentencing Flexibility Affirmed in Sexual Assault of Minors: The King's Bench Appeal [2024] NICA 9

Sentencing Flexibility Affirmed in Sexual Assault of Minors: The King's Bench Appeal [2024] NICA 9

Date: Feb 10, 2024
Sentencing Flexibility Affirmed in Sexual Assault of Minors: The King's Bench Appeal [2024] NICA 9 Introduction The King's Bench Appeal [2024] NICA 9 presents a pivotal moment in the jurisprudence...
Establishing the Article 15A Sentencing Regime’s Alignment with Article 7 ECHR: Insights from [2024] NICA 11 Perry

Establishing the Article 15A Sentencing Regime’s Alignment with Article 7 ECHR: Insights from [2024] NICA 11 Perry

Date: Feb 3, 2024
Establishing the Article 15A Sentencing Regime’s Alignment with Article 7 ECHR: Insights from [2024] NICA 11 Perry Introduction The case of R. v Nuala Perry, ([2024] NICA 11), adjudicated by the...
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