Northern Ireland Case Commentaries

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

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...

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

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

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

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

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

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

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

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

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

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

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

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

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...

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

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

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

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

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...