Judicial Review of Planning Enforcement Appeals: Factual Disputes Over Historic Plans Are Not Public Law Errors, and Relitigation May Be an Abuse Despite Environmental Standing 1. Introduction Duff,...
Revocation of Good Friday Agreement Licence Extinguishes TRO Exemption under MARA: McWilliams v Department of Justice [2025] NICA 23 Introduction In McWilliams v The Department of Justice [2025] NICA...
Clarifying the Scope of Discovery in Contractual Guarantee Disputes: The Rule 7 Relevance Principle in Short Brothers PLC v AAR Corp Introduction Short Brothers PLC v AAR Corp ([2025] NICA 18) was...
Clarifying Appeals from Interlocutory Orders: Leave and Timeliness under the Judicature (NI) Act 1978 1. Introduction This commentary examines the Court of Appeal’s decision in Patterson & Anor v...
The Imperative of Formality: Police Discretion in Varying Pre-Charge Bail Surrender Arrangements under Article 48 PACE 1. Introduction This commentary examines the Court of Appeal in Northern...
Anderson & Anderson: Post‑Whitla Murder Sentencing Clarified — Judges must state intent (kill vs GBH), address non‑technical provocation, avoid double counting; youth alone does not lower the...
Mandating Public Inquiries to Fulfill Article 2 ECHR Obligations: Brown v SOSNI ([2025] NICA 16) Commentary 1. Introduction Brown v Secretary of State for Northern Ireland ([2025] NICA 16) arises...
New Precedent on McKenzie Friend Application Requirements and Procedural Compliance Introduction The judgment in Patterson & Anor v Rathfriland Farmers Co-Operative Society Ltd (Ruling: McKenzie...
New Precedent on Mitigation in Sentencing: Excluding the "No Proceeds" Factor Introduction The judgment in Ruddy, R. v ([2025] NICA 13) by the Court of Appeal in Northern Ireland establishes a...
Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22 Introduction King v Adam Potts ([2025] NICA 22) is a landmark decision of the Court of Appeal in...
Vehicle Occupants, Suspicion-less Searches and the Force of Codes: A Commentary on Reynolds, Application for Judicial Review ([2025] NICA 28) Introduction The Court of Appeal in Northern Ireland...
Trimble & Anor v Cassidy & Anor ([2025] NICA 31) – Court of Appeal in Northern Ireland “Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen” 1....
New Sentencing Paradigm: Integrating Culpable Delay as a Distinct Mitigating Factor in Affray Offences Introduction The case of McGinley, R. v ([2025] NICA 11) before the Court of Appeal in Northern...
Establishing a New Sentencing Paradigm for Non-Fatal Strangulation and Domestic Abuse in Northern Ireland Introduction The case of Haughey, R. v ([2025] NICA 10) marks a significant development in...
Judicial Restraint After a Remedial Order: No “Levelling Up” Beyond Parliament’s Chosen Retrospective Date for Bereavement Benefits 1. Introduction AD & Anor v Department for Communities [2025] NICA...
Sentencing Framework for Non-Fatal Strangulation and the Statutory Domestic Abuse Aggravator Introduction King v Darryl Haughey ([2025] NICA 10) is a landmark Court of Appeal decision addressing...
Invited Standing and Quashing Relief: Public Authority Concession in Planning Judicial Review Introduction This commentary examines the Court of Appeal in Northern Ireland decision in Gordon Duff v...
Maintaining Deterrent Sentencing in Violent Assaults on Police: The Court of Appeal's Ruling in Quigley v The King [2025] NICA 6 Introduction The case of Quigley, R. v The King [2025] NICA 6 was...
Culpability-Based Sentencing Guidelines for Diminished Responsibility: Insights from Donnelly v The King [2025] NICA 7 Introduction Donnelly v The King [2025] NICA 7 is a pivotal appellate decision...
New Precedent on Article 3 Adverse Inferences and Witness Comfort Measures in Sexual Offence Trials Introduction The Court of Appeal in Northern Ireland delivered its judgment in CH, R. v ([2025]...