Category: Northern Ireland

Morgan, Re Judicial Review: QBNI 15 Jan 2014

The applicant sought leave to bring judicial review of a prosecutor’s decision to lay a complaint before the magistrates alleging offences associated with an allegation of conspiracy to rob. He said that the decision fell foul of the requirement under the 1981 order that he be resident within the relevant district.

Judges:

Girvan LJ

Citations:

[2014] NIQB 2

Links:

Bailii

Statutes:

Magistrates’ Courts (Northern Ireland) Order 1981 16

Jurisdiction:

Northern Ireland

Citing:

Cited – Regina (Caherty) v Belfast Justices 1978
Section 7 of the 1945 Act provides that a person charged in Northern Ireland with the commission of indictable offence may be proceeded against in any county or place in which (a) he is apprehended; (b) he is in custody in relation to the offence; . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Criminal Practice, Magistrates

Updated: 09 February 2022; Ref: scu.520923

Sinn Fein, Re an Application for Judicial Review: QBNI 14 Feb 2005

Application for Judicial Review of the findings of the International Monitoring Commission contained in its Report presented to Parliament on 20 April 2004 and further of a Direction given by the Secretary of State under Section 51B(2) of the Northern Ireland Act 1998 issued on 28 April 2004. By that Direction the Secretary of State recited that he was satisfied that Sinn Fein were not committed to non-violence and exclusively peaceful and democratic means and directed that the financial assistance payable under the Financial Assistance for Political Parties Act (Northern Ireland) 2000 to Sinn Fein for the period from 29 April 2004 to 28 April 2005 should not be payable.

Judges:

Weatherup J

Citations:

[2005] NIQB 10

Links:

Bailii

Jurisdiction:

Northern Ireland

Administrative

Updated: 07 February 2022; Ref: scu.224590

Mongan v Department for Social Development: CANI 13 Apr 2005

application for disability living allowance

Citations:

[2005] NICA 16

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Cited – Mote v Secretary of State for Work and Pensions and Another CA 14-Dec-2007
The appellant was accused of having received income benefits to which he was not entitled. A prosecution was commenced and at the same time he appealed to the tribunal against the decision that there had been an overpayment. The authorities . .
Lists of cited by and citing cases may be incomplete.

Benefits

Updated: 07 February 2022; Ref: scu.224135

McDonnell v Henry: CANI 13 Apr 2005

Appeal from the decision of Girvan J dismissing the plaintiff’s claim for damages for personal injuries, loss and damage sustained by him as the result of an accident which occurred while he was attempting to start a cement mixer with a starting handle. The accident occurred at the defendant’s premises and the plaintiff claims that he was employed by the defendant at the material time. Alternatively, he claims that he was entitled to succeed in his claim against the defendant on the basis that the latter was in breach of certain employment and health and safety legislation and his common law obligations to the plaintiff.

Judges:

Kerr LCJ, Campbell LJ and Sir Liam Mccollum

Citations:

[2005] NICA 17

Links:

Bailii

Jurisdiction:

Northern Ireland

Personal Injury

Updated: 07 February 2022; Ref: scu.224134