Northern Ireland Case Commentaries

Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice

Date: Jan 28, 2025

Enhanced Judicial Management of Appeals by Case Stated: A Precedent for Procedural Precision and Expedited Justice Introduction The judgment in Cavan v Bunting ([2025] NICA 12) presents a seminal...

Acknowledging Strangulation as an Aggravating Factor in Domestic Assault Sentencing: Insights from R, D v The King [2025] NICA 3

Date: Jan 23, 2025

Acknowledging Strangulation as an Aggravating Factor in Domestic Assault Sentencing: Insights from R, D v The King [2025] NICA 3 Introduction Case Overview: The case of R, D v The King [2025] NICA 3...

Esmail v Secretary of State for the Home Department: Upholding Discretion in Immigration Law

Date: Jan 21, 2025

Esmail v Secretary of State for the Home Department: Upholding Discretion in Immigration Law Introduction In the landmark case of Esmail v Secretary of State for the Home Department ([2025] NICA 4),...

“Latimer is not a freestanding ground”: NICA sets a case‑specific nexus test for historic confession appeals

Date: Jan 18, 2025

“Latimer is not a freestanding ground”: NICA sets a case‑specific nexus test for historic confession appeals Introduction This commentary examines the Court of Appeal in Northern Ireland’s decision...

SD v BC [2026] NICA 3 — “Speculation, Sibling Disruption and Practical Hardship” Rarely Meet Article 13(b): Hague Return Reaffirmed as a Jurisdiction-Selection Remedy

Date: Jan 13, 2025

SD v BC [2026] NICA 3 — “Speculation, Sibling Disruption and Practical Hardship” Rarely Meet Article 13(b): Hague Return Reaffirmed as a Jurisdiction-Selection Remedy 1) Introduction SD v BC is a...

Establishing Precedent on Domestic Abuse as Headline Offence in NICA

Date: Jan 10, 2025

Establishing Precedent on Domestic Abuse as Headline Offence in NICA Introduction The case of The King v WD ([2025] NICA 1) represents a significant appellate decision in the Court of Appeal in...

B (t/a C) v A [2025] NICA 2: Appeals on law only; non-prosecution and lack of corroboration do not bar sexual harassment findings

Date: Jan 8, 2025

B (t/a C) v A [2025] NICA 2: Appeals on Law Only; Non-Prosecution and Lack of Corroboration Do Not Bar Sexual Harassment Findings Introduction This commentary analyzes the Court of Appeal in Northern...

HT v A Health and Social Care Trust: Clarifying Procedural Time-Limits in Emergency Protection Orders

Date: Dec 18, 2024

HT v A Health and Social Care Trust: Clarifying Procedural Time-Limits in Emergency Protection Orders Introduction The case of HT v A Health and Social Care Trust & Anor ([2024] NICA 79) before the...

Establishing the Jurisdiction of the Jury in Assessing Victim Credibility: Commentary on FD, R. v ([2024] NICA 86)

Date: Dec 17, 2024

Establishing the Jurisdiction of the Jury in Assessing Victim Credibility: Commentary on FD, R. v ([2024] NICA 86) Introduction The appellant, referred to as FD to protect the identity of the...

New Precedent on the Fresh Evidence Threshold in Police Misconduct Appeals

Date: Dec 17, 2024

New Precedent on the Fresh Evidence Threshold in Police Misconduct Appeals Introduction The Court of Appeal in Northern Ireland’s decision in JR296 v Police Appeals Tribunal and Chief Constable of...

Bounar v SSHD: Affirming Strict Compliance with Schedule 10 Accommodation Conditions

Date: Dec 13, 2024

Bounar v SSHD: Affirming Strict Compliance with Schedule 10 Accommodation Conditions Introduction Bounar v SSHD ([2024] NICA 83) is a pivotal case adjudicated by the Court of Appeal in Northern...

Disregard of Tenant's Works in Rent Valuation: Herbert Smith Freehills LLP v Fitzwilliam Trustees No 1 Ltd, Fitzwilliam Trustees No 2 Ltd ([2024] NICA 84)

Date: Dec 13, 2024

Disregard of Tenant's Works in Rent Valuation: Herbert Smith Freehills LLP v Fitzwilliam Trustees No 1 Ltd, Fitzwilliam Trustees No 2 Ltd ([2024] NICA 84) Introduction The case of Herbert Smith...

Striking New Precedent on Striking Out Pleadings: Bank of Ireland v Conway [2024] NICA 80

Date: Dec 13, 2024

Striking New Precedent on Striking Out Pleadings: The Governor & Company of the Bank of Ireland v Conway [2024] NICA 80 Introduction The case of The Governor & Company of the Bank of Ireland v Conway...

Exercise of Inherent Jurisdiction under Article 173 for Religious Upbringing of Children in Care

Date: Dec 7, 2024

Exercise of Inherent Jurisdiction under Article 173 for Religious Upbringing of Children in Care Introduction This commentary examines the Court of Appeal in Northern Ireland’s decision in A Health...

Reaffirming Davis in Family Appeals: NICA’s strict approach to out‑of‑time appeals and to overseas divorces obtained without proper notice (Berisha v Berisha [2024] NICA 81)

Date: Dec 7, 2024

Reaffirming Davis in Family Appeals: NICA’s strict approach to out‑of‑time appeals and to overseas divorces obtained without proper notice Introduction This commentary examines the Court of Appeal in...

Reaffirming Procedural Rigour under Order 41 RCC: The Impact of Belkovic v NIPSO

Date: Dec 6, 2024

Reaffirming Procedural Rigour under Order 41 RCC: The Impact of Belkovic v NIPSO Introduction The Court of Appeal in Northern Ireland, in the case of Belkovic v Northern Ireland Public Services...

Revisiting Expressed Deterrence: Insights from Byrne v The King [2024] NICA 75

Date: Nov 27, 2024

Revisiting Expressed Deterrence: Insights from Byrne v The King [2024] NICA 75 Introduction Byrne v The King [2024] NICA 75 is a significant appellate decision from the Court of Appeal in Northern...

Enforcement of Solicitors' Duty to Act with Integrity: Law Society of Northern Ireland v Mallon

Date: Nov 23, 2024

Enforcement of Solicitors' Duty to Act with Integrity: Law Society of Northern Ireland v Mallon Introduction The case of Law Society of Northern Ireland v Mallon ([2024] NICA 76) addressed...

Enforcing Solicitors' Duty of Integrity and Transparent Billing: High Court in Law Society of NI v Mallon

Date: Nov 23, 2024

Enforcing Solicitors' Duty of Integrity and Transparent Billing: High Court in Law Society of NI v Mallon Introduction The case of Law Society of Northern Ireland v Mallon ([2024] NICA 76) represents...

McMinnis v Department of Health [2024] NICA 77: Defining the Boundaries of Judicial Review and Statutory Authority in Northern Ireland's Health and Social Care Policy

Date: Nov 21, 2024

McMinnis v Department of Health [2024] NICA 77: Defining the Boundaries of Judicial Review and Statutory Authority in Northern Ireland's Health and Social Care Policy Introduction The case of Robin...