Sign in
Northern Ireland Source-linked decisions Coverage checked

Northern Ireland Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
0 court collections
Last checked

Northern Ireland decisions

Decisions matching the current search

Clear filters
Human rights law [2025] NIKB 3

Mitchell, , Re Application for Judicial Review

Mitchell, , Re Application for Judicial Review [2025] NIKB 3 (20 January 2025)

Leave for judicial review was refused in a challenge over survivor’s pension rules excluding an unmarried cohabiting partner. The court found the claim out of time and unlikely to succeed.

  • Article 14 echr
  • Article 1 of the first protocol echr
  • Article 8 echr
  • Discrimination
  • Survivor's pension
  • Judicial review
Read case analysis
Public law [2022] NIQB 34

Mitchel v The Defence Council & Anor

Mitchel v The Defence Council & Anor [2022] NIQB 34 (13 May 2022)

The High Court of Northern Ireland held that a damages claim over survivor pension discrimination was, in substance, a public law challenge and should be brought by judicial review.

  • Abuse of process
  • Exclusivity rule
  • Judicial review vs ordinary action
  • Discrimination under echr article 14
  • Survivor’s pension entitlement
  • Human rights act 1998
Read case analysis
Human rights law [2021] NIQB 111

Eccles, Re Application for Judicial Review

Eccles, Re Application for Judicial Review [2021] NIQB 111 (03 December 2021)

The High Court dismissed a judicial review by a PSNI constable seeking a survivor’s pension as an unmarried cohabiting partner. The court found the exclusion justified.

  • Article 14 echr
  • Article 1 protocol 1 echr
  • Discrimination
  • Survivor's pension
  • Retrospectivity in pension schemes
  • Equality
Read case analysis
Employment law [2020] NIIT 17980_19IT

McClune v Northern Ireland Courts & Trib... Department for Communities Department of Justice Ministry of Justice (Unauthorised Deduction of Wages)

McClune v Northern Ireland Courts & Trib... Department for Communities Department of Justice Ministry of Justice (Unauthorised Deduction of Wages) [2020] NIIT 17980_19IT (13 February 2020)

The tribunal held it lacked jurisdiction over a direct auto-enrolment complaint under Northern Ireland pensions legislation, and rejected an unlawful deduction route.

  • Automatic enrolment
  • Pension rights
  • Jurisdiction
  • Unlawful deduction from wages
  • Automatic-enrolment
  • Pensions-law
Read case analysis
Social security law [2018] NICom 39

JWS v Department for Communities (RP) (Inherited pensions)

JWS v Department for Communities (RP) (Inherited pensions) [2018] NICom 39 (29 August 2018)

The Commissioner disallowed a pension appeal, holding that guaranteed minimum pension is deducted from the overall retirement pension, not the additional pension element alone.

  • Retirement pension
  • Inherited pensions
  • Guaranteed minimum pension
  • Calculation of additional pension
  • Appeal procedure
  • Social-security
Read case analysis
Pensions law [2015] NICA 3

Lennon v South Eastern Education And Library Board

Lennon v South Eastern Education And Library Board [2015] NICA 3 (12 January 2015)

The Court of Appeal in Northern Ireland remitted a pensions ombudsman appeal for rehearing, holding the wrong burden and standard of proof may have been applied.

  • Maladministration
  • Burden of proof
  • Disclosure of information
  • Statutory limitation
  • Oral hearing requirement
  • Employer duty to inform
Read case analysis
Pensions law [2013] NICA 62

The Pensions Regulator and Garvin Trustees Ltd v Desmond

The Pensions Regulator and Garvin Trustees Ltd v Desmond [2013] NICA 62 (08 Nov 2013)

The Court of Appeal in Northern Ireland held that the Tribunal could substitute a contribution notice decision, and that the Article 34 time limit is applied by reference to the Panel’s original decision.

  • Contribution notice
  • Statutory interpretation
  • Jurisdiction of tribunal
  • Time limits for regulatory action
  • Contribution-notices
  • Pensions-law
Read case analysis
Public law [2013] NICA 54

Brewster v Northern Ireland Local Government Officers' Superannuation Committee

Brewster v Northern Ireland Local Government Officers' Superannuation Committee [2013] NICA 54 (1 October 2013)

The Court of Appeal in Northern Ireland held that a nomination requirement for a cohabiting partner’s survivor pension was not discriminatory or disproportionate.

  • Discrimination
  • Survivor's pension
  • Article 14 echr
  • Article 1 protocol 1 echr
  • Proportionality
  • Margin of appreciation
Read case analysis
Administrative law [2013] NIQB 76

Hawthorne's Application

Hawthorne's Application [2013] NIQB 76 (04 July 2013)

Judicial review about a police injury pension review. The court upheld the applicant’s right to appeal, but rejected the challenge to the medical review decision.

  • Police injury pensions
  • Judicial review of administrative decisions
  • Statutory interpretation
  • Finality of medical decisions
  • Right of appeal
  • Judicial-review
Read case analysis
Administrative law [2013] NIQB 58

Desmond & Ors, Re (Application For Judicial Review)

Desmond & Ors, Re (Application For Judicial Review) [2013] NIQB 58 (23 May 2013)

Leave for judicial review was refused in a pensions regulation challenge over alleged failure to determine Article 88 procedures and the lateness of the application.

  • Judicial review
  • Statutory interpretation
  • Procedural fairness
  • Pensions regulation
  • Ultra vires
  • Delay in judicial review
Read case analysis

About this LexChat collection

Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.