Category: Northern Ireland

A, Re Judicial Review: QBNI 19 Jan 2015

The applicant, defendant in a proposed trial, objected that having been granted a legal aid order for two counsel, he had been unable to instruct the two junior counsel of his choice, but had rather been required to instruct leading counsel.

Citations:

[2015] NIQB 4

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Appeal From ( – Maguire, Re Application for Judicial Review (Northern Ireland) SC 21-Mar-2018
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 09 December 2022; Ref: scu.542817

Northern Ireland Human Rights Commission, Re an Application for Judicial Review: CANI 6 Apr 2001

Appeal from a judgment that the Northern Ireland Human Rights Commission (‘the Commission’) had not been invested with a statutory power to intervene or act as amicus curiae in legal proceedings.

Citations:

[2001] NICA 17

Links:

Bailii

Jurisdiction:

Northern Ireland

Northern Ireland, Human Rights

Updated: 07 December 2022; Ref: scu.201968

Redpath v Belfast and County Down Railway: CANI 1947

The plaintiff sought damages for personal injury. The defendant company sought to bring into account sums received by the plaintiff from a distress fund to which members of the public had contributed. Plaintiff’s counsel were said to having submitted: ‘that it would be startling to the subscribers to that fund if they were to be told that their contributions were really made in ease and for the benefit of the negligent railway company. To this last submission I would only add that if the proposition contended for by the defendants is sound the inevitable consequence in the case of future disasters of a similar character would be that the springs of private charity would be found to be largely if not entirely dried up.’
Held: Gifts made by others to relieve the distress of the plaintiff were not to reduce the damages payable by the defendant.

Judges:

Andrews CJ

Citations:

[1947] NI 167

Jurisdiction:

Northern Ireland

Cited by:

Approved – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Approved – Pirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .
Cited – Longden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 05 December 2022; Ref: scu.195723

Cullen v Chief Constable of the Royal Ulster Constabulary: 1999

The claimant had been arrested and complained at his treatment.
Held: The failure to give reasons as to why his access to a solicitor was a breach of statutory duty, but there was no private law claim for damages.

Judges:

Carswell LCJ, Nicholson and Campbell LJJ

Citations:

[1999] NI 237

Jurisdiction:

England and Wales

Cited by:

Appeal from – Cullen v Chief Constable of the Royal Ulster Constabulary (Northern Ireland) HL 10-Jul-2003
The claimant had been arrested. He had been refused access to a solicitor whilst detaiined, but, in breach of statutory duty, he had not been given reasons as to why access was denied. He sought damages for that failure.
Held: If damages were . .
Lists of cited by and citing cases may be incomplete.

Police, Torts – Other, Northern Ireland

Updated: 01 December 2022; Ref: scu.184495

Kelly v Northern Ireland Housing Executive; Loughran v Northern Ireland Housing Executive: HL 29 Jul 1998

Provisions against discrimination on religious grounds in Northern Ireland, could apply to appointment of a firm to a panel of experts, where one person was designated to carry out that work. ‘it is essential, for there to be ’employment,’ that the person making the contract shall himself undertake to do, at any rate, some of the work or labour. ‘ The notice of appointment referred to the individual qualifications of the person nominated, even though the appointment was of a firm. The Interpretation Act required a ‘person’ to include a body corporate or incorporate, and the Act intended a wide interpretation of employment. However, the non-appointment was not a refusal to confer a qualification under the Act.

Judges:

Lord Slynn of Hadley, Lord Griffiths, Lord Lloyd of Berwick, Lord Steyn, Lord Clyde

Citations:

Times 14-Sep-1998, Gazette 23-Sep-1998, [1998] 3 WLR 735, [1998] UKHL 33, [1999] 1 AC 428, [1998] ICR 828, [1998] NI 240, [1998] IRLR 593

Links:

House of Lords, Bailii

Statutes:

Fair Employment (Northern Ireland) Act 1976 17, Interpretation Act 1978

Jurisdiction:

Northern Ireland

Citing:

Adopted – Mirror Group Newspapers v Gunning CA 1985
The claimant sought to have transferred to her, her father’s agency for the wholesale distribution of Sunday newspapers. The claimant alleging sex discrimination after being refused. The company said that she was not an employee within the 1975 Act. . .
Cited – Ryder v Warde 1848
A person who undertakes work and employs several or many men to do, or to assist in doing, the work is not an artificer or workman for the purposes of the Truck Act which prohibited payment other than in the currency of the realm. . .
Cited – Sharman v Sanders 25-Jan-1853
A contract which employed one person, but anticipated that the services required might be carried out by his employees did not fall within the Truck Acts. . .
Cited – Tanna v Post Office EAT 1981
The applicant sought appointment as a post-master, and claimed race discrimination when the respondent failed to interview or appoint him. He was required only to provide premises and to ensure that services were provided without being obliged . .
Cited – In re Northern Ireland Electricity Services Application 1987
A company complained that it had been refused a tender for work because of discrimination on the ground of religious belief or political opinion since the unions on the site refused to work with the company’s employees, the unions believing the . .
Cited – Regina v Department of Health, Ex parte Ghandi 1991
A claim was brought under the section which provides that it is unlawful ‘for an Authority or Body which can confer an authorisation for, or facilitates, engagement in a particular profession or trade to discriminate.’ It was claimed that there had . .
Cited – Dr Tattari v Private Patients Plan Limited CA 8-Jul-1997
Health insurer is not body providing qualification to carry on profession or trade and not liable as such in race discrimination laws. . .
Cited – McLoughlin v Queen’s University of Belfast CANI 1995
The words ‘registration’ and ‘enrolment’ refer in our opinion to variants of conferment of qualifications upon persons who thereby achieve some status in relation to their work or the work which they propose to do.’ . .
Cited – Department of the Environment for Northern Ireland v Bone 15-Sep-1993
The court was asked as to the meaning of ‘qualification’ when considered under the Act: ‘It is our view that the word ‘qualification’ itself and the other words in the definition viz ‘authority, recognition, registration, enrolment, approval and . .

Cited by:

Cited – Mingeley v Pennock and Another (T/A Amber Cars) CA 9-Feb-2004
The claimant taxi driver sought to assert race discrimination. The respondent argued that he had not been an employee, but an independent contractor. The Claimant owned his own vehicle and paid the respondents minicab operators pounds 75 per week . .
Cited – Jivraj v Hashwani SC 27-Jul-2011
The parties had a joint venture agreement which provided that any dispute was to be referred to an arbitrator from the Ismaili community. The claimant said that this method of appointment became void as a discriminatory provision under the 2003 . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination

Updated: 27 November 2022; Ref: scu.158964

McGeown v Northern Ireland Housing Executive: HL 24 Jun 1994

The plaintiff lived with her husband in a house in a housing estate of which he was a tenant. Part of the land of the estate, in the ownership of the defendant housing authority, was crossed by footpaths, over which the public had acquired the right of way. The plaintiff was walking on one of the paths when she tripped in a hole in it and broke her leg. The hole was a danger to persons using the path and resulted from a failure to keep the path in good repair.
Held: A landowner was not liable to the public using a right of way for negligent non-feasance. No positive duty of care exists toward users of public right of way over private land.
The person using the public right of way did so by right and could not be said to be an invitee of the landowners.
Although the plaintiff would have been a licensee of the housing authority in respect of the path on which she had fallen, before it had become a public right of way, that license had merged in the right of way subsequently established; and accordingly it made no difference that the path had formed part of a means of access for the plaintiff to and from the house of which her husband was tenant
Lord Keith of Kinkel referred to a number of authorities before saying: ‘the rule in Gautret v Egerton is deeply entrenched in the law. Further, the rule is in my opinion undoubtedly a sound and reasonable one. Rights of way pass over many different types of terrain and it would place an impossible burden upon landowners if they not only had to submit to the passage over them of anyone who might choose to exercise the right, but also were under a duty to maintain them in a safe condition. Persons using rights of way do so not with the permission of the owner of the solum but in the exercise of a right. There is no room for the view that such persons might have been licensees or invitees of the land owner under the old law or that they are his visitors under the English and Northern Irish Acts of 1957.’
Lord Keith added: ‘If the pathway on which the Plaintiff fell in the present case had not become subject to a public right of way it seems clear that the Defendants would have owed her a common duty of care under the Act of 1957 and would have been liable accordingly.’

Judges:

Lord Keith of Kinkel

Citations:

Gazette 03-Aug-1994, Independent 28-Jun-1994, Times 24-Jun-1994, [1994] 3 All ER 53, [1994] 3 WLR 187, [1995] 1 AC 233

Statutes:

Occupiers’ Liability Act 1957, Occupiers’ Liability Act (Northern Ireland) 1957 2

Jurisdiction:

Northern Ireland

Citing:

Cited – Gautret v Egerton 1867
A man fell to his death when crossing a bridge used with the consent and permission of the defendants by persons proceeding to and coming from the defendants’ docks.
Held: The claim by his widow against the bridge owner was dismissed.

Cited by:

Cited – Barlow v Wigan Council QBD 19-Jun-2019
Responsibility for personal injury after trip over a tree root on a path in a park owned and maintained by the Council. The Court was now asked whether the public footpath was a highway under the 1980 Act for which the council was responsible for . .
Cited – Barlow v Wigan Metropolitan Borough Council CA 1-Jun-2020
Presumption of dedication dates back.
The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. . .
Cited – Gulliksen v Pembrokeshire County Council QBD 2002
Mr Gulliksen was walking on a footpath on a housing estate to the house of a friend. He had an accident at a depressed manhole cover on the footpath over which he tripped. The footpath had been constructed by Pembrokeshire County Council, who were . .
Cited – Gulliksen v Pembrokeshire County Council CA 11-Jul-2002
The claimant had tripped on a footpath on a housing estate. There was a depressed manhole cover on the footpath over which he tripped. The footpath had been constructed by Pembrokeshire County Council, who were both the local housing authority and . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Land

Updated: 27 November 2022; Ref: scu.83539

Mcfarland, Re Application for Judicial Review: QBNI 2002

The claimant sought compensation for his imprisonment after his conviction had been overturned.

Judges:

Kerr J

Citations:

[2002] NIQB 14, [2002] NIJB 154

Jurisdiction:

Northern Ireland

Citing:

Appealed to – McFarland, Re Application for Judicial Review CANI 28-Jun-2002
. .

Cited by:

Appeal from – McFarland, Re Application for Judicial Review CANI 28-Jun-2002
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 25 November 2022; Ref: scu.196532

Crofton v Ormsby: 1804

When the purpose of one party to a contract causing delay was to defeat the other party, if the other party then fails to complete, the delaying party cannot insist on performance of the contract: ‘The whole laches here consists in the not clothing an equitable estate with a legal title, and that by a party in possession. Now I do not conceive that this is that species of laches, which will prevail against the equitable title; if I should hold it so, it would tend to overset a great deal of property in this country, where parties often continue to hold under an equitable contract for forty or fifty years, without clothing it with the legal title. I conceive, therefore, that possession having gone with the contract, there is no room for the objection. … But, in the present case, there is nothing but a resting on the equitable estate by a person in possession, without clothing it with a legal title, which I think never was held to be that sort of laches that would prevent relief.’

Judges:

Lord Redesdale, Lord Chancellor in Ireland

Citations:

(1804) 2 Sch and Lef 604

Jurisdiction:

England and Wales

Cited by:

Cited – Williams v Greatrex CA 1956
A purchaser agreed to buy land to be laid out in building plots. On payment of a deposit and giving notice, the purchaser was to be entitled to enter onto a particular plot in order to build on it. The arrangement met with difficulties, with the . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Contract

Updated: 24 November 2022; Ref: scu.223434

Adams, Regina v: CANI 14 Feb 2018

Appeal against convictions on 20 March 1975 and 18 April 1975 on counts of attempting to escape from detention contrary to paragraph 38(a) of Schedule 1 of the Northern Ireland (Emergency Provisions) Act 1973 (‘the 1973 Act’) and common law.
Held: The seriousness of the consequences is a consideration to be taken into account in deciding whether a power must be exercised by the Minister personally
Sir Ronald Weatherup discussed the decision in the Golden case: ‘This court is satisfied that the seriousness of the subject matter is a consideration in determining whether a power must be exercised by the Minister personally, although as Brightman J found, it is not a determining consideration.’

Judges:

Morgan LCJ, Sir Ronald Weatherup and Sir Reginald Weir

Citations:

[2018] NICA 8

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Carltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .
Not approved – Re Golden Chemicals Limited 1976
In issue was a provision in the 1967 Act which stated that, if it appeared to the Secretary of State that it was expedient in the public interest that a corporate body should be wound up, he could present a petition for its winding-up. That power . .

Cited by:

Appeal from – Adams, Regina v (Northern Ireland) SC 13-May-2020
Secretary of State alone to consider confinement
The appellant had been detained under an Interim Custody Order (ICO) during internment during the troubles in Ireland, and then convicted of attempting to escape and escaping. He now appealed from that conviction saying that the order under which he . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 24 November 2022; Ref: scu.618442

McCafferty, Re Writ of Habeas Corpus: CANI 16 Dec 2009

The applicant was a prisoner who had been released on licence while serving a sentence for possession of an explosive substance. His licence was revoked, and he was arrested a month after his release. The revocation of the licence was authorised by the minister of state for security in the Northern Ireland Office. He purported to act under section 1(3) of the 1995 Act which provided that the Secretary of State could revoke a person’s licence if it appeared to him that that individual’s continued liberty would present a risk to the safety of others or that he was likely to commit further offences. The prisoner applied for a writ of habeas corpus. Among other arguments presented on his behalf was the claim that his detention was unlawful because it had not been authorised by the Secretary of State but by a junior minister.
Held: This argument was rejected. Coghlin LJ, delivering the judgment of the court, observed ‘ . . In general, it is to be implied that the intention of Parliament is to permit the Carltona principle to apply rather than to require a personal decision by the named decision-maker. For the purpose of deciding whether the power is to be implied factors to be considered include the framework of the relevant legislation and, in particular, whether any specific contrary indications appear in the language, and the importance of the subject matter. . . a decision taken with regard to the liberty of the subject may attract the Carltona principle. In our view there is nothing in either the framework or the language of the 1995 Act that indicates a contrary Parliamentary intention. . . ‘

Judges:

Coghlin LJ

Citations:

[2009] NICA 59

Links:

Bailii

Statutes:

Northern Ireland (Remission of Sentences) Act 1995 1(3)

Jurisdiction:

Northern Ireland

Citing:

Cited – Carltona Ltd v Commissioners of Works CA 1943
Ministers May Act through Civil Servants
The plaintiffs owned a factory which was to be requisitioned. They sought a judicial review of the lawfulness of the order making the requisition, saying that the 1939 Regulations had been implemented not by the Minister as required, but by an . .

Cited by:

Cited – Adams, Regina v (Northern Ireland) SC 13-May-2020
Secretary of State alone to consider confinement
The appellant had been detained under an Interim Custody Order (ICO) during internment during the troubles in Ireland, and then convicted of attempting to escape and escaping. He now appealed from that conviction saying that the order under which he . .
Lists of cited by and citing cases may be incomplete.

Prisons, Administrative

Updated: 23 November 2022; Ref: scu.416630

Mr and Mrs B v Department for Social Development: IPT 29 Jul 2011

In July 2010 the IPT made a finding in favour in this case of a husband and wife joint complaint against the Northern Ireland DSD. The DSD did not dispute that they mistakenly authorised surveillance to allow DSD officers to enter the complainants’ property posing as prospective house purchasers. This is the Tribunal’s decision on remedies. They ordered the quashing of the authorisation and for notes of the surveillance to be destroyed and then stated that the surveillance was a breach of the Complainants’ Article 8 rights.

Citations:

[2011] UKIPTrib 09 – 11

Links:

Bailii

Jurisdiction:

England and Wales

Police, Human Rights, Northern Ireland

Updated: 19 November 2022; Ref: scu.525983

Regina v Pollock: CANI 24 Sep 2004

‘1. The Court of Appeal should concentrate on the single and simple question ‘does it think that the verdict is unsafe’.
2. This exercise does not involve trying the case again. Rather it requires the court, where conviction has followed trial and no fresh evidence has been introduced on the appeal, to examine the evidence given at trial and to gauge the safety of the verdict against that background.
3. The court should eschew speculation as to what may have influenced the jury to its verdict.
4. The Court of Appeal must be persuaded that the verdict is unsafe but if, having considered the evidence, the court has a significant sense of unease about the correctness of the verdict based on a reasoned analysis of the evidence, it should allow the appeal.’

Judges:

Kerr LCJ

Citations:

[2004] NICA 34

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Regina v Pendleton HL 13-Dec-2001
The defendant had appealed his conviction for murder to the Court of Appeal. The 1968 Act required the court to consider whether the conviction was unsafe. New evidence was before the Court of Appeal, but they had rejected the appeal.
Held: . .

Cited by:

Cited – Regina v Livingstone CANI 25-Jun-2013
The defendant appealed against his conviction for murder, saying that police officers had fabricated a confession, and had severely mistreated another detainee to concoct further evidence.
Held: The appeal was allowed. Had the material . .
Cited – Dorrian, Rex v CANI 13-Sep-2022
Appeal against conviction for a single count of manslaughter . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 17 November 2022; Ref: scu.216023

Lowry Brothers Ltd and Others v Northern Ireland Water Ltd: QBNI 22 Feb 2013

The Plaintiffs challenged the outcome of an exercise conducted by the defendant concerning the procurement of contracts for what is known as the ‘IF019 Capital Delivery Framework’. The overarching purpose of this scheme is described as the improvement of water and sewerage services, including customer services and the achievement of substantial operational and capital investment efficiencies, in Northern Ireland.

Judges:

McCloskey J

Citations:

[2013] NIQB 23

Links:

Bailii

Northern Ireland, Utilities

Updated: 14 November 2022; Ref: scu.471606

JC v Department for Social Development (Bb): NISSCS 19 Oct 2011

Bereavement Benefit – The claimant is precluded by the rule of public policy known as the forfeiture rule (as defined in Article 3(1) of the Forfeiture (Northern Ireland) Order 1982) from receiving the whole or any part of a bereavement benefit or any other social security benefit or advantage consequent upon the death of her husband.

Citations:

[2011] NICom 219

Links:

Bailii

Northern Ireland, Benefits

Updated: 14 November 2022; Ref: scu.471437

Corey, Re Judicial Review: QBNI 9 Jul 2012

C had been recalled from parole, and complained that the procedure had been unfair in that it had been almost entirely based upon closed materials.
Held: The Commissioners’ decision was indeed based solely or decisively on the closed material. Moreover, the allegations contained in the open material were not sufficiently specific to enable the appellant to provide his lawyers and the special advocate with information to refute them. The hearing which the commissioners had conducted into the appellant’s case constituted, on that account, a breach of the appellant’s ‘right to procedural fairness’ under article 5(4) of the Convention. However the court decided to remit the matter to the Commissioners with a direction that they reconsider the case and reach a decision in accordance with his ruling. The judge also decided to admit the appellant to bail pending reconsideration of his case by the Parole Commissioners.

Judges:

Treacy J

Citations:

[2012] NIQB 56

Links:

Bailii

Statutes:

European Convention on Human Rights 5.4, Judicature (Northern Ireland) Act 1978

Cited by:

Appeal from – Corey, Re Judicial Review CANI 21-Dec-2012
The claimant had been recalled to prison from parole, and challenged his recall, saying that the procedure, being almost entirely based upon closed material infringed his rights to a fair trial. The respondent now appealed against an order finding . .
At First Instance – Martin Corey, Re for Judicial Review SC 4-Dec-2013
The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Prisons, Human Rights

Updated: 06 November 2022; Ref: scu.465500

Director of Public Prosecutions v Smylie: CANI 17 Oct 2012

The Director appeled by case stated against the allowing of the defendant’s appeal against his conviction for permitting the consumption of intoxicating liquor in public house premises other than during permitted hours

Judges:

Morgan LCJ, Girvan LJ and Coghlin LJ

Citations:

[2012] NICA 45

Links:

Bailii

Northern Ireland, Crime, Licensing

Updated: 06 November 2022; Ref: scu.465419

Mackle and Others, Regina v: CANI 16 Oct 2007

The defendants appealed against confiscation orders made on sentencing for conspiracy to import cigarettes so as to evade customs duty.
Held: Girvan LJ identified the two principal issues as (i) whether the appellants had consented to the making of the consent orders on an incorrect legal basis (and that therefore the trial judges had likewise wrongly made the orders); and (ii) whether the orders having been made on consent, the appellants were in any event bound by them.

Judges:

Kerr LCJ, Campbell LJ and Girvan LJ

Citations:

[2007] NICA 37, [2008] NI 183

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Appeal from – Mackle, Regina v SC 29-Jan-2014
Several defendants appealed against confiscation orders made against them on convictions for avoiding customs and excise duty by re-importing cigarettes originally intended for export. They had accepted the orders being made by consent, but now . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Criminal Sentencing, Customs and Excise

Updated: 06 November 2022; Ref: scu.261668

Corey, Re Judicial Review: CANI 21 Dec 2012

The claimant had been recalled to prison from parole, and challenged his recall, saying that the procedure, being almost entirely based upon closed material infringed his rights to a fair trial. The respondent now appealed against an order finding the Commissioners in breach.
Held: The appeal was allowed. The material provided to the appellant and his advisers was sufficient to allow him to give effective instructions to those representing him. There was therefore no breach of article 5(4) of the Convention.

Judges:

Morgan LCJ

Citations:

[2012] NICA 57

Links:

Bailii

Statutes:

European Convention on Human Rights 5.4, Life Sentences (Northern Ireland) Order 2001 9(4)

Jurisdiction:

Northern Ireland

Citing:

Appeal from – Corey, Re Judicial Review QBNI 9-Jul-2012
C had been recalled from parole, and complained that the procedure had been unfair in that it had been almost entirely based upon closed materials.
Held: The Commissioners’ decision was indeed based solely or decisively on the closed material. . .

Cited by:

Appeal from – Martin Corey, Re for Judicial Review SC 4-Dec-2013
The appellant challenged his recall to prison from licence. He had been convicted in 1973 of the murder of two police officers. He had remained at liberty for 18 years, befire his licence was revoked on the basis of confidential iintelligence . .
Lists of cited by and citing cases may be incomplete.

Prisons, Human Rights

Updated: 04 November 2022; Ref: scu.468849

R And H v The United Kingdom: ECHR 31 May 2011

The court considered arrangements for an adoption in Northern Ireland where the parent’s consent was withheld.
Held: For parental consent to be overriden there had to be shown an overriding need for the decision.

Judges:

Lech Garlicki P

Citations:

[2011] ECHR 844, (2012) 54 EHRR 2, [2011] Fam Law 924, [2011] 2 FLR 1236,

Links:

Bailii

Statutes:

European Convention on Human Rights 8, Children (Northern Ireland) Order 1995 3(1)(a)

Jurisdiction:

Human Rights

Citing:

Cited – Johansen v Norway ECHR 7-Aug-1996
The court had to consider a permanent placement of a child with a view to adoption in oposition to the natural parents’ wishes.
Held: Particular weight should be attached to the best interests of the child, which may override those of the . .
See Also – R and H v The United Kingdom ECHR 23-Sep-2008
The claimants complained at the procedure used to free their child for adoption against their wishes. . .

Cited by:

Cited – ANS and Another v ML SC 11-Jul-2012
The mother opposed adoption proceedings, and argued that the provision in the 2007 Act, allowing a court to dispense with her consent, infringed her rights under Article 8 and was therefore made outwith the powers of the Scottish Parliament.
Lists of cited by and citing cases may be incomplete.

Human Rights, Adoption, Northern Ireland

Updated: 04 November 2022; Ref: scu.463635