Category: Northern Ireland

Jordan, Re an Application for Judicial Review: QBNI 12 Jan 2004

[2004] NIQB 27
Bailii
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
Cited – Re Jordan QBNI 6-Jan-2003
. .
Cited – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
See Also – Jordan, Re an Application for Judicial Review QBNI 29-Jan-2002
The claimant challenged the Lord Chancellor’s failure to introduce legislation to ensure that the coroners’ system in Northern Ireland comprised with Human Rights Law. . .
Cited – Re Jordan’s Application QBNI 8-Mar-2002
The claimant challenged a ruling of the coroner on 9 January 2002 that he would conduct the inquest on the basis of existing law and practice and would not leave to the jury the option of returning a verdict of unlawful killing. . .
At ECHR – Stephen Jordan (No 2) v The United Kingdom ECHR 10-Dec-2002
jordan_uk2ECHR2002
The applicant was a soldier who had been court marshalled for misuse of travel warrants. He wished to use in his defence his recent epilepsy. There was some delay while medical reports were obtained, and subsequently when the new legal system was . .

Cited by:
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
Cited – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
Cited – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 18 January 2022; Ref: scu.196124

Jordan, Re Application for Judicial Review: CANI 12 Dec 2003

Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his decision not to prosecute the police officer who caused the death of Pearse Jordan, the son of the appellant.

Nicholson LJ, McCollum LJ and Campbell LJ
[2003] NICA 54
Bailii
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
Cited – Regina v Duporte CACD 1980
A sentencer should not ordinarily intervene to upset the course of a probation order, unless there is reason to do so. . .
Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .

Cited by:
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
Cited – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .

Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 18 January 2022; Ref: scu.202005

Jordan, Re Application for Judicial Review: QBNI 4 Sep 2001

An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use.

Kerr J
[2001] NIQB 32
Bailii
European Convention on Human Rights 2
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .

Cited by:
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 28-May-2002
Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Police, Coroners, Human Rights

Updated: 18 January 2022; Ref: scu.202161

Jordan, Re Application for Judicial Review: CANI 28 May 2002

Whether the appeal against the decision of Kerr J dismissing the appellant’s applications for judicial review should be adjourned pending final determination of the proceedings in the English cases of R (Middleton) v HM Coroner for the Western District of Somerset and R (Amin) v Secretary of State for the Home Department.

[2002] NICA 27
Bailii
Northern Ireland
Citing:
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
See Also – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .
See Also – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
See Also – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .

Cited by:
See Also – Jordan, Re Application for Judicial Review CANI 12-Sep-2003
The deceased had been shot by a sergeant of the RUC. The party sought to challenge a decision against the grant of legal aid. . .
Cited – Jordan, Re Application for Judicial Review (29) CANI 10-Sep-2004
. .
Cited – Jordan, Re Application for Judicial Review (30) CANI 10-Sep-2004
. .
Cited – Jordan, Re an Application for Judicial Review QBNI 12-Jan-2004
. .
See Also – Jordan, Re Application for Judicial Review CANI 12-Dec-2003
Appeal from a decision dismissing an application by Hugh Jordan for judicial review of the ‘continuing decision’ of the Director of Public Prosecutions for Northern Ireland refusing to give reasons other than in the most general terms for his . .
Cited – Re Jordan QBNI 6-Jan-2003
. .
See Also – Jordan, Re Application for Judicial Review QBNI 4-Sep-2001
An application was made for the production of documents by the police to support representations to be made on behalf of the family of the deceased to the coroner. The police requested but were refused undertakings as to their use. . .

Lists of cited by and citing cases may be incomplete.

Coroners

Updated: 18 January 2022; Ref: scu.189671

The Attorney General for Northern Ireland v Crawford and Another: ChNI 4 May 2016

The AG sought leave to appeal against a decision by the tribunal for the removal of a trustee of a police charity.
Held: Permission was given. The decision of the tribunal was open to proper criticism. The appeal raised several important issues.

[2016] NICh 8
Bailii
Charities Act (Northern Ireland) 2008
Northern Ireland
Citing:
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – Eagil Trust Co Ltd v Pigott-Brown CA 1985
There is no duty on a judge, in giving his reasons, to deal with every argument presented by counsel in support of his case. When dealing with an application in chambers to strike out for want of prosecution a judge should give his reasons in . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Charity

Updated: 17 January 2022; Ref: scu.564918

Jordan, Re Judicial Review: QBNI 31 Jan 2014

[2014] NIQB 11
Bailii
Northern Ireland
Cited by:
Cited – Jordan, Re for Judicial Review SC 6-Mar-2019
(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of . .

Lists of cited by and citing cases may be incomplete.

Coroners

Updated: 16 January 2022; Ref: scu.520920

(Un-named): NISSCS 10 Apr 2008

Appeal, with the leave to a Commissioner against the decision of the tribunal, affirming the decision of the decision-maker, to the effect that the claimant is not entitled either to the mobility component or the care component of disability living allowance.

[2008] NISSCSC C12 – 07 – 08(RP)
Bailii
Northern Ireland

Benefits

Updated: 16 January 2022; Ref: scu.272455

Finucane v The Secretary of State for Northern Ireland: CANI 21 Feb 2017

The appellant seeks to vary the order made by Stephens J whereby he refused to order the Secretary of State for Northern Ireland to hold a public inquiry into the murder of the husband of the appellant Patrick Finucane (”PF”) and the respondent seeks to vary the limited declaration made in relation to the State’s obligations under article 2 of the European Convention on Fundamental Rights and Freedoms

Gillen LJ , Deeny J and Horner J
[2017] NICA 7
Bailii
European Convention on Human Rights 2
Northern Ireland
Cited by:
Appeal from – Finucane, Re Application for Judicial Review SC 27-Feb-2019
(Northern Ireland) The deceased solicitor was murdered in his home in 1989, allegedly by loyalists. They had never been identified, though collusion between security forces and a loyalist paramilitary was established. The ECHR and a judge led . .

Lists of cited by and citing cases may be incomplete.

Coroners, Human Rights

Updated: 16 January 2022; Ref: scu.605082

Belkovic v DSG International Plc and Another: CANI 22 Sep 2015

The appellant appeals against the amount of damages awarded to him by Gillen LJ in an action for personal injuries and against the order in relation to costs subsequently made by the judge in the action.

Weir LJ , Treacy J, Maguire J
[2015] NICA 59
Bailii
Northern Ireland

Damages, Personal Injury

Updated: 16 January 2022; Ref: scu.560573

Thompson and others v Thompson and others: FdNI 16 Feb 2003

The family sought to challenge the validity of the will, saying the testator lacked capacity, and that he had made the will under the undue influence of the beneficiaries.
Held: There was clear evidence that the testator, whilst changeable, was rational and string and clear in his views. To establisch capacity, ‘the testator must comprehend, namely (a) the nature of the act and its effects, (b) the extent of the property of which he is disposing and (c) the claims to which he ought to give effect. ‘ The testator gave every appearance of capacity, and of having understood his will. Though the circumstances excited a suspicion of undue influence it was for those proposing the finding to establish it, and they had not done so: ‘the cases show, however, influence or persuasion of their own do not constitute undue influence.’

Girvan J
[2003] NIFam 3, GIRF3864
Bailii
Citing:
Cited – Banks v Goodfellow QBD 6-Jul-1870
Test for Capacity to Execute Will
The testator suffered from delusions, but not so badly or in such a way as was found to affect his capacity or to influence his testamentary disposition. The judge had given the following direction: ‘The question is whether . . the testator was . .
Cited – Boyse v Rossborough HL 1857
In order to set aside the will of a person of sound mind, it is not sufficient to show that the circumstances attending its execution are consistent with hypothesis of its having been obtained by undue influence. It must be shown that they are . .
Cited – Barry v Butlin PC 8-Dec-1838
The testator, who had one son, bequeathed legacies to Percy, his attorney, one Butlin, to whom he also bequeathed the residue of his estate, and Whitehead, his butler. The will was upheld by the judge in the Prerogative Court and the son appealed. . .
Cited – Vaughan v Mark of Headfort 1840
Eccentricity or irrationality are not enough to deprive someone of the freedom ot capacity to make a valid will. ‘Every testator is free to adopt his own nonsense’ . .
Cited – Fuller v Strum CA 7-Dec-2001
The appellant challenged a finding that only part of a will was valid. The part made a gift to his son, ‘albeit very grudgingly’, saying ‘I hate him like poison, that Irish bastard.’
Held: The onus on the propounder of a will to show that it . .
Cited – Re Beech 1923
Provided the words of a will have been read and accepted by a testator, they take effect even if the legal effect was not understood: ‘The contention is that if a will does not have the effect intended the testator cannot be said to have known and . .
Cited – Wintle v Nye HL 1959
Mrs Wells, the testatrix, was an elderly lady living on her own. She neither had business experience nor the benefit of independent professional advice. She made a complex will and a codicil prepared by Mr Nye, a solicitor. He was not a close friend . .
Cited – Hall v Hall 1868
Even a reprehensible placing of pressure on a testator will not always be undue influence so as to avoid the will: ‘To make a good will a man must be a free agent. But all influences are not unlawful. Persuasion, appeals to the affection or ties of . .
Cited – Baudains v Richardson PC 1906
The Board considered the quality of the influence necessary to establish undue influence: ‘Influence may be degrading and pernicious and yet not undue influence in the eyes of the law’ . .
Cited – Fulton v Andrew HL 1875
The will was professionally drawn but through agency of the executors, specific legatees and residuary legatees. The Court of Probate directed the case to be tried at the assizes where the judge asked the opinion of the jury on a number of questions . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 16 January 2022; Ref: scu.180255

In Re McGucklan: CANI 23 Feb 2000

A tax inspector applying ex parte for an order allowing the raising of an extended time limit assessment on the grounds of fraud, wilful default or neglect, was obliged to provide the special commissioner with all the information necessary to make the judgment without being misleading or omitting relevant detail. Nevertheless the standard was not the same as for ex parte applications where the consequences would not be limited by the right of appeal of a party.

Times 23-Feb-2000
Northern Ireland

Income Tax

Updated: 14 January 2022; Ref: scu.82053

JR55, Re Application for Judicial Review (Northern Ireland): SC 11 May 2016

The Court was asked about the powers of the Complaints Commissioner under the 1996 Order, and in particular about his powers in relation to general medical practitioners working in the National Health Service and whether, and if so in what circumstances, the Complaints Commissioner has power to recommend the payment of a money sum to a complainant; and whether in the event that that sum is not paid he has power to make a special report drawing the attention of the legislature to that fact. The commissioner appealed from a decision that he did not have those powers.
Held: The appeal failed. Under article 9(3) of the 1996 Order, he may not carry out an investigation into any actions in respect of which the complainant has a remedy by way of proceedings in a court of law. This is, subject to article 9(4), a condition precedent to his jurisdiction.

Lord Neuberger, President, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson
[2016] UKSC 22, UKSC 2014/0094
Bailii, Bailii Summary, SC, SC Summary
The Parliamentary Commissioner Act (Northern Ireland) 1969, Commissioner for Complaints Act (Northern Ireland) 1969
Northern Ireland
Citing:
At CANI – JR55 v Northern Ireland Commissioner for Complaints CANI 28-Jan-2014
The GP challenges the power of the Commissioner to recommend the payment of the consolatory payment and he challenges the threatened exercise by the Commissioner of an asserted power to make a special report in relation to the matter to the Northern . .
Cited – Regina v Commissioner for Local Administration ex parte Croydon London Borough Council QBD 1989
Delay in application.
Held: The commissioner’s powers cannot depend upon whether the complaint is well founded. He could only act where a complainant did not otherwise have an action at law for a remedy.
As long as no prejudice is . .
Cited – Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions CA 7-Feb-2008
Complaint was made as to a leaflet PEC 3 issued by the Department in 1996, intended to summarise the changes introduced by the Pensions Act 1995, and their purpose. One answer given was: ‘The Government wanted to remove any worries people had about . .

Lists of cited by and citing cases may be incomplete.

Administrative, Health Professions

Updated: 14 January 2022; Ref: scu.563293