Category: Northern Ireland

The Security Industry Authority, Re Application for Judicial Review: QBNI 17 Nov 2021

judicial review of: ‘A decision of the District Judge sitting in Newtownards Magistrates’ Court on 24 May 2021 whereby he ordered [SIA] to disclose to Mr Bryson the materials grounding a production order obtained by the Police Service of Northern Ireland at Belfast Crown Court on 17 October 2018.’

Keegan LCJ Mccloskey LJ and Maguire LJ
[2021] NIQB 106
Bailii
Northern Ireland

Northern Ireland

Updated: 06 January 2022; Ref: scu.670944

Potter v Potter: FdNI 5 Feb 2003

The testator’s capacity to make his will was challenged. He had lived alone without electricity, but his doctor said he was known to him and was ‘with it’. Evidence from a member of staff at the solicitor’s office supported the doctor’s description.
Held: There was no evidence of undue influence, and the testator was of sound mind and capacity and he had made a disposition precisely along the lines which he wished to make.

Gillen J
[2003] NIFam 2
Bailii
Citing:
Cited – Arthur v Bokenham 1708
Supervening insanity will not revoke a will made when the testator was of sound mind. . .
Cited – Re H (Mackenzie Friend: Pre-trial Determination) 2002
The presumption in favour of permitting a Mackenzie friend is a strong one. . .
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 – O’Connell v Shortland 1989
Supreme Court of South Australia – The mere eccentricity of a testator is not sufficient to avoid the will. . .
Cited – In the estate of Wallace, dec’d; Solicitor of the Duchy of Cornwall v Batten and Another 1952
The deceased shortly before his death wrote and signed a statement called his ‘Last wish’ which provided that certain persons were to have all his property. His instructions were embodied in a will which he executed just before he died. The will was . .
Cited – Charles Harwood v Maria Baker PC 1840
The Board emphasised the importance that the Court of Probate should be satisfied that a testatrix had the necessary capacity when she executed the will if the evidence showed that she had lost capacity shortly afterwards. The infirmity of the . .
Cited – Buckenham v Dickinson ChD 1992
The testator was very old, partially blind and deaf. A next door neighbour who had great advantage of long experience in old peoples’ homes, indicated that the testator was of such poor sight and hearing that he was virtually cut off from everything . .
Cited – In re Simpson Deceased; Schaniel and Another v Simpson and Others ChD 1977
Templeman J reminded solicitors of their duty to ensure the satisfactory execution of a will: ‘In the case of an aged testator or a testator who has suffered a serious illness, there is one golden rule which should always be observed, however . .
Cited – Kenward v Adams ChD 29-Nov-1975
The court set out certain precautions which might be taken by a solicitor drawing up a will for an aged testator or one who has been seriously ill. One such precaution was that if there was an earlier will it should be examined and any proposed . .
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 – 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 – Craig v Lamoureux HL 1920
The House considered the facts to be established before a will could be set aside as having been obtained by undue influence. Viscount Haldane said: ‘As was said in the House of Lords when Boyce v Rossborough (1856) 6 HLC 2, 49, was decided, in . .
Cited – Wingrove v Wingrove 19-Nov-1885
To establish the presence of undue influence it is not enough to establish that a person has the power to overbear the will of the testator. It must be shown that the will was a result of the exercise of that power
Sir James Hannen said: ‘To . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Wills and Probate

Updated: 05 January 2022; Ref: scu.180254

KK (A Child), Re Judicial Review: FDNI 10 Jun 2013

Maternal Grandparents sought a declartion requiring the return to Latvia of their grandson, who had been brought forcibly to NI by his mother, he having lived with them in Latvia for several years.

Maguire J
Bailii
Child Abduction and Custody Acy 1985, Convention on the Civil Aspects of International Child Abduction
England and Wales
Citing:
Cited – In Re B (A Minor)(Child Abduction: Consent) CA 9-May-1994
A six year old boy, had lived in Western Australia all his life. Shortly prior to his removal from Australia, the mother had left Australia to live in Wales. The maternal grandmother asked the father for permission to take the child to Wales to . .

Cited by:
See also – In re K (A Child) SC 15-Mar-2014
Rights of Custody under Convention
The Court was asked as to what were ‘rights of custody’ within the Convention. M had at first left her child with the maternal grandmother in an informal but long term arrangement in Latvia when M moved to Northern Ireland. Later M removed the child . .

Lists of cited by and citing cases may be incomplete.

Children, Northern Ireland, International

Updated: 03 January 2022; Ref: scu.550933

Santander (UK) Plc v Parker: CANI 16 Jun 2015

Appeal by Mr Parker against the judgment dismissing Mr Parker’s appeal against the Order of Master Bell refusing a stay on possession by Santander (UK) PLC of the appellant’s dwelling house.
Held: A promissory note was equivalent to cash, but only if backed by assets to pay on it. The application was quite without merit.

Morgan LCJ, Coghlin LJ and Gillen LJ
[2015] NICA 41
Bailii
Administration of Justice Act 1973 8, Bills of Exchange Act 1882 83(1)
Citing:
Cited – National and Provincial v William and Humphrey 1996
Girvan J said: ‘If a mortgagor declines to put any material before the court which could lay a basis for the court exercising its powers under s36 the mortgagee would be entitled to his remedy based on his clear contractual rights under the . .
Cited – Wirth v Weigel Leygonie and Co Ltd CA 1939
Du Parcq LJ said: ‘I doubt whether a promise to pay to a man or to somebody else, who may be his creditor or debtor is a promissory note.’ . .
Cited – Electricity Corporation of New Zealand Ltd v Fletcher Challenge Energy Ltd 10-Oct-2001
Court of Appeal of New Zealand
Held: ‘The court has an entirely neutral approach when determining whether the parties intended to enter into a contract. Having decided that they had that intention, however, the court’s attitude will change. It . .
Cited – Zinda v Bank of Scotland Plc CA 23-Jun-2011
This appeal raises a short but important point of principle of great practical significance in relation to the standard form of suspended possession order used in mortgage cases and granted on a daily basis in hundreds of County Courts up and down . .
Cited – Carlyle (Scotland) v Royal Bank of Scotland Plc SC 11-Mar-2015
Assessing Whether 1st Judge was Plainly Wrong
The Court was asked whether, on an objective assessment of a what a developer and the bank had said to each other, the bank intended to enter into a legally binding promise to advance sums in the future to fund not only the developers purchase of . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Land

Updated: 02 January 2022; Ref: scu.550142

Morris v The Director of Public Prosecutions: CANI 2 Jul 2015

Appeal by way of case stated from Dungannon Magistrates’ Court following the conviction of the appellant/defendant (‘the appellant’) for two offences of allowing a person under the age of 18 to be in licensed premises during the permitted hours.

Morgan LCJ, Gillen LJ and Treacy J
[2015] NICA 49
Bailii
Northern Ireland

Licensing, Crime

Updated: 02 January 2022; Ref: scu.550145

X (A Minor), Re Judicial Review: QBNI 23 Jun 2015

The applicant is X, a 14 year old minor who resides with his parents and suffers from a moderate learning disability. He seeks leave to apply for an order of certiorari to quash three decisions of the Public Prosecution Service (‘PPS’) not to prosecute a 16 year old boy Y whom he alleges raped him, that there was insufficient evidence to afford a reasonable prospect of obtaining a conviction against Y and the conclusion in the review of the decision not to prosecute Y. He further seeks leave to apply for a declaration that the above three decisions are unlawful, ultra vires and of no force or effect.

Morgan LCJ, Coghlin LJ and Gillen LJ
[2015] NIQB 52
Bailii

Northern Ireland, Criminal Practice

Updated: 02 January 2022; Ref: scu.549866

CB (A Child By Her Mother and Next Friend) v Belfast Health and Social Care Trust: QBNI 6 Jun 2015

CB, brings this action alleging medical negligence in relation to an operation which was performed on 12 November 2007. The purpose of the operation was to burst a cyst on her kidney. At the date of the operation she was one year old having been born in November 2006. The operation was to be performed as a day case. It was not an open procedure. During the course of the operation the plaintiff’s small bowel was perforated and she received a laceration of her bladder. The defendant’s admit liability for these injuries and for the consequences that ensued. After the operation the damage to the plaintiff’s bowel and bladder were not appreciated and she was discharged. That evening, at home, she became extremely unwell with abdominal distension and sepsis caused, as things subsequently transpired, by the leaking of material from her bowel into her abdomen. She was re-admitted to hospital. She was extremely unwell.

Stephens J
[2015] NIQB 44
Bailii
Northern Ireland

Northern Ireland, Professional Negligence, Contract

Updated: 02 January 2022; Ref: scu.549860

CE, Re Judicial Review: QBNI 24 Jun 2015

The applicant, CE, is a resident of the Carrick Hill area of North Belfast. She is a member of North Belfast Civil Rights Association (‘NBCRA’). She seeks declarations that the decisions of the Police Service of Northern Ireland (‘PSNI’) and the Parades Commission to accept an ‘Advanced Notification’ form pertaining to a parade related protest was unlawful in that it did not comply with all the requirements of the Public Processions (NI) Act 1998.

Horner J
[2015] NIQB 55
Bailii

Northern Ireland, Police

Updated: 02 January 2022; Ref: scu.549861

Adams, Regina (on The Application of) v Secretary of State for Justice: SC 11 May 2011

The three claimants had each been convicted of murders and served time. Their convictions had been reversed eventually, and they now appealed against the refusal of compensation for imprisonment, saying that there had been a miscarriage of justice.
Held: The appeal of Adams was denied, but those of MacDermott and McCartney allowed (by majority). The phrase ‘miscarriage of justice’ admitted of several meanings. The Covenant intended to allow compensation for those who had not committed the offence, but to deny it to those who had in fact committed the crime. Section 133 was not restricted to allow compensation only to those shown to be innocent, but should also (by majority) extend to those in fact innocent but could include a situation where ‘A new or newly discovered fact will show conclusively that a miscarriage of justice has occurred when it so undermines the evidence against the defendant that no conviction could possibly be based upon it.’
Lord Phillips (agreeing with Lady Hale, Lord Kerr and Lord Clarke) held that the phrase ‘new or newly discovered fact’ should be read generously to give effect to Article 14(6) and include facts the significance of which was not appreciated by the defence team at trial.
Lord Hope said: ‘The principle that is applied is that it is not open to the state to undermine the effect of the acquittal. What article 14(6) does not do is forbid comments on the underlying facts of the case in subsequent proceedings of a different kind, such as a civil claim of damages, when it is necessary to find out what happened. The system that article 14(6) of the ICCPR provides does not cross the forbidden boundary. The procedure laid down in section 133 provides for a decision to be taken by the executive on the question of entitlement to compensation which is entirely separate from the proceedings in the criminal courts.’
Lady Hale said: ‘I agree that a ‘miscarriage of justice’ in section 133 of the [1988 Act] should be interpreted as proposed . . The phrase is clearly capable of bearing a wider meaning than conclusive proof of innocence. Both the inspiration for section 133, in article 14(6) of the ICCPR . . and the meaning of ‘miscarriage of justice’ in domestic law in 1988 support a wider meaning. The drafters of article 14(6) rejected all attempts to confine it to proof of innocence.’
Lord Judge (dissenting) said: ‘as a matter of construction the operation of the compensation scheme under section 133 is confined to miscarriages of justice in which the defendant was convicted of an offence of which he was truly innocent. In my judgment nothing less will do, and no alternative or half-way house or compromise solution consistent with this clear statutory provision is available.’

Lord Phillips, President, Lord Hope, Deputy President, Lord Rodger, Lord Walker, Lady Hale, Lord Brown, Lord Judge, Lord Kerr, Lord Clarke
[2011] UKSC 18, UKSC 2010/0012, 31 BHRC 71, [2012] 1 AC 48, [2011] 3 All ER 261, [2011] NI 42, [2011] 2 WLR 1180
Bailii, Bailii Summary, SC Summary, SC
International Covenant on Civil and Political Rights 1966 14(6), Criminal Justice Act 1988 133, European Convention on Human Rights 6(2)
England and Wales
Citing:
At First Instance – Regina (Adams) v Secretary of State for Justice Admn 2009
. .
Appeal From – Adams, Regina (on The Application of) v Secretary of State for Justice CA 27-Nov-2009
The claimant sought compensation for his imprisonment after the overturning of his conviction, on the basis that evidence had emerged which undermined the conviction.
Held: Such a claim could not succeed where the reason for the non-use of the . .
Appeal from – MacDermott and Another, Re Judicial Review CANI 8-Feb-2010
The applicants had been convicted of murders and had served terms of imprisonment, but had been released when their convictions had been overturned. They now appealed against a refusal of judicial review of a decision not to award them compensation . .
Cited – Mullen, Regina (on the Application of) v Secretary of State for the Home Department HL 29-Apr-2004
The claimant had been imprisoned, but his conviction was later overturned. He had been a victim of a gross abuse of executive power. The British authorities had acted in breach of international law and had been guilty of ‘a blatant and extremely . .
Cited – Salomon v Customs and Excise Commissioners CA 1966
Diplock LJ said: ‘The Convention is one of those public acts of state of Her Majesty’s Government of which Her Majesty’s judges must take judicial notice if it be relevant to the determination of a case before them, if necessary informing themselves . .
Cited – Allen (formerly Harris), Regina (on the Application of) v Secretary of State for Justice CA 15-Jul-2008
The claimant appealed against refusal of a review of the defendant to allow her compensation after her conviction for manslaughter of her infant son was quashed.
Held: The conviction had been based on flawed expert evidence.
Article 6(2) . .
Cited – Hammern v Norway ECHR 11-Feb-2003
The claimant was acquitted by a jury at trial and he then sought compensation for the period of his detention on remand. The test applied was whether ‘it is shown to be probable that he did not perform the act that formed the basis for the charge’. . .
Cited – Siddall, Regina (on the Application of) v Secretary of State for Justice Admn 16-Mar-2009
The claimant had been imprisoned then released after his conviction for sexual assaults. He appealed against rejection of his claim for compensation. The criterion for compensation was demonstrating that something had ‘gone seriously wrong in the . .
Cited – Taliadorou And Stylianou v Cyprus ECHR 16-Oct-2008
One of the functions of article 6(2) is to protect an acquitted person’s reputation from statements or acts that follow an acquittal which would seem to undermine it. . .
Cited – Fothergill v Monarch Airlines Ltd HL 10-Jul-1980
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
Cited – Orr v Norway ECHR 15-May-2008
The national High Court had dealt with the acquittal of the now complainant and the payment of compensation to the complainant in two clearly distinct parts of its judgment, but in several places highlighted that the standard of proof for civil . .
Cited – Regina v Mullins-Johnson 19-Oct-2007
(Court of Appeal for Ontario) The appellant had been convicted of murder of his 4 year old niece and served 12 years in prison. His conviction was based on expert evidence that the autopsy indicated that the young girl had been sexually abused and . .
Cited – Regina v Adams, T CACD 9-Apr-2008
. .
Cited – Sekanina v Austria ECHR 25-Aug-1993
The applicant was detained on remand for about a year on suspicion of murdering his wife. He was acquitted by a jury. He applied for compensation for costs incurred in his defence and pecuniary damage sustained during his detention under the . .
Cited – Clibery, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Jul-2007
The claimant sought judicial review of a decision of the Home Secretary, to refuse his application for compensation. He had first been convicted and imprisoned and then had his conviction quashed. The respondent did not think that the conviction was . .
Cited – In Re Boyle’s Application for Judicial Review CANI 28-Apr-2006
Appeal from a decision dismissing an application for judicial review of the decision of the Director of Public Prosecutions whereby he refused to provide detailed reasons for his decision not to prosecute two police officers for perjury. . .
Cited – Leutscher v The Netherlands ECHR 26-Mar-1996
Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-2 – The Commission distinguished cases in which there has been no acquittal on the merits of the accusation. . .
Cited – Regina (Murphy) v Secretary of State for the Home Department; Regina (Brannan) v Same Admn 10-Feb-2005
The appellants sought compensation for their imprisonment having been (Mr Brannan’s father) wrongly convicted. They sought to bring in new evidence. The first appellant and the second appellant’s father had been convicted of murder. The second . .
Cited – Rushiti v Austria ECHR 21-Mar-2000
The right of every person under the Convention to be presumed innocent, includes the general rule that no suspicion regarding an accused’s innocence may be voiced after his acquittal: ‘In any case, the Court is not convinced by the Government’s . .
Cited – Y v Norway ECHR 11-Feb-2003
The applicant was acquitted by the Norwegian High Court of serious criminal charges, but the same court then went on to make an order for him to pay compensation to the victim’s relatives on the ground that it was clearly probable that he had . .
Cited – Weixelbraun v Austria ECHR 20-Dec-2001
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-2; Costs and expenses partial award – Convention Proceedings . .
Cited – Regina v Hetherington CANI 1975
Lowry LCJ discussed the rule against the admission of evidence obtained under mistreatment and said: ‘It is not for the defence to prove but for the prosecution to disprove beyond reasonable doubt in relation to each accused that he was not subject . .
Cited – McIlkenny v Chief Constable of the West Midlands CA 1980
The appellant had been convicted of an IRA bombing, causing loss of many lives. The appellant and his other co-accused alleged that their confessions had been induced by police violence. The trial judge ruled that their confessions were voluntary . .
Cited – Bateman and Howse, Regina (on the Application Of) v Secretary of State for the Home Department CA 17-May-1994
The plaintiff had been convicted of several counts of receiving stolen goods and sentenced to six years’ imprisonment. He had appealed to the Court of Appeal on the ground that he had been convicted on the basis of evidence in statement form given . .
Cited – Regina v Fergus CACD 29-Jun-1993
A judge should withdraw a case which was based on poor identification evidence, and the prosecution must be sure to disclose all identification evidence. ‘In a case dependent on visual identification, and particularly where that is the only . .
Cited – Regina v Smith; Regina v Taylor; Regina v Nicholson; Regina v Johnson CACD 25-May-1999
Where a court had wrongly rejected a submission of no case to answer, a subsequent admission of guilt by the defendant under cross-examination, was not sufficient to deny an appeal. Such an appeal is judged as at the time the submission is made. The . .
Cited – Bok v The Netherlands ECHR 18-Jan-2011
. .
Cited – Regina v James Hanratty (Deceased) CACD 10-May-2002
Posthumous Appeal – Clear Purpose and Care Needed
An appeal was presented against the conviction for a murder many years earlier. The prosecution sought to introduce DNA evidence to support its case. The appellant party objected.
Held: The purpose of the appeal was to achieve justice, and . .
Cited – Hodgson, Regina v CACD 18-Mar-2009
The defendant appealed against his conviction for murder.
Held: The appeal succeeded. After many years in prison, the original exhibits had been located and subjected to DNA analysis which proved that the defendant could not, despite his . .

Cited by:
Cited – AR, Regina (on The Application of) v Chief Constable of Greater Manchester Police and Another SC 30-Jul-2018
The appellant had been tried for and acquitted on a criminal charge. He now challenged the disclosure by the respondent of the charge in an Enhanced Criminal Record Certificate.
Held: His appeal failed. The critical question was whether the . .
Cited – Hallam, Regina (on The Application of) v Secretary of State for Justice SC 30-Jan-2019
These appeals concern the statutory provisions governing the eligibility for compensation of persons convicted of a criminal offence where their conviction is subsequently quashed (or they are pardoned) because of the impact of fresh evidence. It . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland, Criminal Practice, Damages

Updated: 31 December 2021; Ref: scu.439646

Shamoon v Chief Constable of the Royal Ulster Constabulary: HL 27 Feb 2003

The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It had asked first whether there had been less favourable treatment, and then asked why there had been the treatment. This procedure will not always work, and it had not worked here. The first issue could not always be resolved without also investigating the second. Had the tribunal done that it would have seen that the cases of the proposed comparators were not in fact comparable, and that therefore no discrimination was shown. The chief inspector had suffered a ‘detriment’ when the right to carry out appraisals was removed from her, but not this had not been for a discriminatory reason.
Lord Hope of Craighead said: ‘one must take all the circumstances into account. This is a test of materiality. Is the treatment of such a kind that a reasonable worker would or might take the view that in all the circumstances it was to his detriment? An unjustified sense of grievance cannot amount to ‘detriment”

Lord Nicholls of Birkenhead Lord Hope of Craighead Lord Hutton Lord Scott of Foscote Lord Rodger of Earlsferry
[2003] UKHL 11, Times 04-Mar-2003, [2003] ICR 337, Gazette 10-Jul-2003, [2003] IRLR 285, [2003] 2 All ER 26, [2003] NI 174
House of Lords, Bailii
Sex Discrimination (Northern Ireland) Order 1976 (1976 No 1042 NI)
England and Wales
Citing:
Appeal from – Shamoon v Chief Constable of the Royal Ulster Constabulary CANI 3-May-2001
Emplaw In sex and race discrimination cases an employee must generally be able to show that he or she has been treated less favourably than a person of the opposite sex who is in comparable circumstances. If . .
Cited – Chief Constable of West Yorkshire Police v Khan HL 11-Oct-2001
The claimant was a police sergeant. After many years he had not been promoted. He began proceedings for race discrimination. Whilst those were in course, he applied for a post elsewhere. That force wrote to his own requesting a reference. In the . .
Cited – Regina v Immigration Appeal Tribunal, Ex parte Kassam CA 1980
Discrimination was alleged against the immigration authorities.
Held: In dealing with people coming in under the immigration rules, the immigration authorities were not providing ‘services’ within the meaning of the Act. The words the . .
Cited – Bain v Bowles CA 1991
The Lady magazine had no defence to a complaint by a man whose advertisement for a housekeeper in Tuscany they had refused to accept. Following past complaints of sexual harassment, the magazine’s policy was to accept such advertisements only where . .
Cited – Coker and Osamor v The Lord Chancellor and the Lord Chancellor’s Department CA 22-Nov-2001
The Lord Chancellor’s action in appointing to a special adviser’s post someone he already knew and trusted, without first advertising the post openly, was not an act of sex or race discrimination. Had they applied, they would not have been appointed . .
Cited – Barclays Bank Plc v Kapur and Others (No 2) CA 1995
An unjustified sense of grievance cannot amount to a detriment in discrimination law. . .
Cited – King v Great Britain China Centre CA 1991
The court considered the nature of evidence which will be available to tribunals considering a race discrimination claim.
Held: A complainant must prove his or her case on the balance of probabilities, but it is unusual to find direct evidence . .
Cited – Chief Constable of the RUC v A CANI 2000
The court set down tests for what was ‘less favourable treatment’ under the Act. The court had to regard as relevant those circumstances on which a reasonable person would place some weight in determining how to treat another. . .
Cited – Ministry of Defence v Jeremiah CA 1980
The court considered the meaning of ‘detriment’ in discrimination law. Brightman LJ said: ‘I think a detriment exists if a reasonable worker would or might take the view that the duty was in all the circumstances to his detriment.’
Lord Justice . .
See Also – Shamoon v Chief Constable of the Royal Ulster Constabulary CANI 28-Jun-2001
. .

Cited by:
Cited – MacDonald v Advocate General for Scotland (Scotland); Pearce v Governing Body of Mayfield School HL 19-Jun-2003
Three appeals raised issues about the way in which sex discrimination laws were to be applied for cases involving sexual orientation.
Held: The court should start by asking what gave rise to the act complained of. In this case it was the . .
Cited – The Law Society v Kamlesh Bahl EAT 7-Jul-2003
EAT Sex Discrimination – Direct
The complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination . .
Cited – Council of the City of Manchester v Romano, Samariz CA 1-Jul-2004
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination.
Held: In secure tenancies, the authority had to consider the . .
Cited – Madden v Preferred Technical Group CHA Limited, Guest CA 27-Aug-2004
The claimant had made a complaint of race discrimination. The complaint was dismissed. Some time later the company dismissed him, and he again lodged a complaint. The tribunal found him unfairly dismissed, but again not discriminated against.
Applied – Spicer v Government of Spain EAT 10-Oct-2003
EAT Race Discrimination – Indirect . .
Cited – Spicer v Government of Spain CA 29-Jul-2004
The claimant worked at a school in London operated by the respondent, and he was paid by them. Spanish teachers received relocation allowances, and he complained that this was discriminatory. The respondent had failed to comply with the order made . .
Cited – Coutts and Co Plc Royal Bank of Scotland v Paul Cure Peter Fraser EAT 6-Aug-2004
The applicants complained of less favourable treatment as fixed term workers in that they had not been paid a non-contractual bonus. The employer said the claim was out of time, and appealed a finding against it.
Held: Time ran from the date . .
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited – St Helens Metroploitan Borough Council v Derbyshire and others CA 29-Jul-2005
The employees commenced a series of sex discrimination claims against the appellant. Many had settled, and the council wrote directly to the remaining claimants. The claimants said this amounted to intimidation because the council had not gone . .
Cited – The Law Society v Kamlesh Bahl EAT 7-Jul-2003
EAT Sex Discrimination – Direct
The complainant had been suspended from her position as Vice President of the Law Society. The Society and its officers appealed findings of sex and race discrimination . .
Cited – Law Society v Bahl CA 30-Jul-2004
The claimant had succeeded before the employment tribunal in her claim of race discrimination by the respondent and senior officers. She now appealed the reversal of that judgment. The claimant asked the tribunal to draw inferences of discrimination . .
Cited – Brown v London Borough of Croydon and Another CA 26-Jan-2007
The claimant appealed dismissals of his claim for race discrimination, harassment and victimisation. In a new job, other team members said they were uncomfortable alone with him, and his probationary period was extended because of his failure to fit . .
Cited – Azmi v Kirklees Metropolitan Borough Council EAT 30-Mar-2007
The claimant alleged discrimination. As a teaching assistant, she had been refused permission to wear a veil when assisting a male teacher.
Held: Direct discrimination had not been shown. The respondent had shown that any comparator would have . .
Cited – Atabo v Kings College London and others Newman, Methven, Law CA 19-Apr-2007
The claimant sought leave to appeal dismissal of her claim for discrimination, saying that the EAT had missapplied the test in Madarassy and associated cases on the burden of proof.
Held: ‘the applicant did not make out a prima facie case of . .
Cited – St Helens Borough Council v Derbyshire and others HL 25-Apr-2007
The claimants were pursuing an action for equal pay. Several others settled their own actions, and the respondents then wrote direct to the claimants expressing their concern that the action ws being continued and its possible effects. The claimants . .
Cited – Watkins-Singh, Regina (on the Application of) v The Governing Body of Aberdare Girls’ High School and Another Admn 29-Jul-2008
Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights . .
Cited – Re E (A Child); E v Chief Constable of the Royal Ulster Constabulary and Another (Northern Ireland Human Rights Commission and others intervening) HL 12-Nov-2008
(Northern Ireland) Children had been taken to school in the face of vehement protests from Loyalists. The parents complained that the police had failed to protect them properly, since the behaviour was so bad as to amount to inhuman or degrading . .
Cited – Stockton on Tees Borough Council v Aylott EAT 11-Mar-2009
EAT JURISDICTIONAL POINTS
Extension of time: just and equitable
2002 Act and pre-action requirements
DISABILITY DISCRIMINATION
Disability related discrimination
Direct disability . .
Cited – Kettle Produce Ltd v Ward EAT 8-Nov-2006
EAT Sex discrimination – Comparison
When a male manager entered the women’s toilets and shouted at a woman on her break, the correct question which should be asked is this: would the Respondent, in the form . .
Cited – Tapere v South London and Maudsley NHS Trust EAT 19-Aug-2009
EAT CONTRACT OF EMPLOYMENT
Construction of term
The Employment Tribunal erred in construing the terms and conditions of employment as permitting the employer to transfer the employee to another . .
Cited – Amnesty International v Ahmed EAT 13-Aug-2009
amnesty_ahmedEAT2009
EAT RACE DISCRIMINATION – Direct discrimination
RACE DISCRIMINATION – Indirect discrimination
RACE DISCRIMINATION – Protected by s. 41
UNFAIR DISMISSAL – Constructive dismissal
Claimant, of . .
Cited – London Borough of Tower Hamlets v Wooster EAT 10-Sep-2009
EAT AGE DISCRIMINATION
UNFAIR DISMISSAL – Polkey deduction
Council employee seconded to registered social landlord – Secondment comes to an end, so that he is formally redundant – Employee aged 49 and . .
Cited – Orr v Milton Keynes Council EAT 5-Nov-2009
EAT UNFAIR DISMISSAL:
Reasonableness of dismissal
RACE DISCRIMINATION:
Direct
Where discrimination and unfair dismissal allegations overlap and the Employment Tribunal hears and disbelieves . .
Cited – HM Land Registry v Grant EAT 15-Apr-2010
hmlr_grantEAT10
EAT SEXUAL ORIENTATION DISCRIMINATION/TRANSEXUALISM
HARASSMENT – Conduct
PRACTICE AND PROCEDURE – Appellate Jurisdiction /Reasons /Burns-Barke
An Employment Tribunal accepted that 6 out of 12 . .
Cited – Simpson v Endsleigh Insurance Services Ltd and Others EAT 27-Aug-2010
EAT SEX DISCRIMINATION
Burden of proof
Pregnancy and discrimination
UNFAIR DISMISSAL – Automatically unfair reasons
Regulation 10(3)(a) and Regulation 10(3)(b) of the Maternity and Parental . .
Cited – Grant v HM Land Registry CA 1-Jul-2011
The appellant had succeeded in his claim for sex discrimination arising from his orientation, but the EAT had reversed the decision. He now appealed against the EAT decision. Although he had revealed his sexuality in one post, he had chosen to delay . .
Cited – Stewart v Secretary of State for Work and Pensions CA 29-Jul-2011
The court considered the arrangements for providing public support for the costs of funerals. The claimant’s son had died whilst she was in prison. Assistance had been refused because, as a prisoner, she was not receiving benefits. She complained . .
Cited – Secretary of State for Justice v Slee EAT 19-Jul-2007
EAT Unfair Dismissal – Constructive dismissal
Maternity Rights and Parental Leave – Sex discrimination
The Claimant was employed as a Magistrates’ Clerk and she brought successful claims to the . .
Cited – Bivonas Llp and Others v Bennett EAT 31-Jan-2012
bivonas_EAT2012
EAT Sexual Orientation Discrimination or Transexualism – The Employment Tribunal correctly applied the law relating to detriment in a case of sexual orientation discrimination; see Shamoon v Chief Constable of . .
Cited – Bull and Bull v Hall and Preddy CA 10-Feb-2012
The appellants owned a guesthouse. They appealed from being found in breach of the Regulations. They had declined to honour a booking by the respondents of a room upon learning that they were a homosexual couple. The appellants had said that they . .
Cited – Hewage v Grampian Health Board SC 25-Jul-2012
The claimant had been employed as a consultant orthodontist. She resigned claiming constructive dismissal and sex and race discrimination. The EAT reversed the findings on discrimination saying that they had not been sufficiently pleaded. The Court . .
Cited – Ward v The Secretary of State for Work and Pensions (Disability Discrimination : Disability Related Discrimination) EAT 17-May-2013
EAT Disability related discrimination
Direct disability discrimination
Claim for disability discrimination and unfair dismissal. Employment Tribunal upheld one claim of a failure to make reasonable . .
Cited – Williams v The Trustees of Swansea University Pension and Assurance Scheme and Another SC 17-Dec-2018
The appellant complained of disability discrimination. He retired early suffering Tourette’s syndrome. He had worked part time, and the parties now disputed his pension entitlements.
Held: The appeal failed. . .

Lists of cited by and citing cases may be incomplete.

Discrimination, Northern Ireland, Employment

Leading Case

Updated: 31 December 2021; Ref: scu.179613

O’Donnell v The United Kingdom: ECHR 7 Apr 2015

ECHR The applicant alleged that the trial judge allowed the jury to draw an adverse inference from his failure to testify and that the judge failed to direct the jury to consider whether there was a case to answer, both of which violated his Article 6 – 1 rights.

16667/10 – Chamber Judgment, [2015] ECHR 357
Bailii
European Convention on Human Rights, Criminal Evidence (Northern Ireland) Order 1988

Human Rights, Criminal Practice, Northern Ireland

Updated: 29 December 2021; Ref: scu.545408

Ulster Bank Ltd v J and N Cowden Llp: QBNI 16 Oct 2014

Plaintiffs’ application for an injunction restraining the first defendant bank and the second defendants as receivers, from taking any further steps in purported furtherance of any claimed rights arising from the appointment of fixed charge receivers in respect of property including selling or offering for sale or advertising for sale or otherwise dealing with the property pending the trial of this action or further order.

Weatherup J
[2014] NIQB 138
Bailii

Northern Ireland

Updated: 29 December 2021; Ref: scu.544878

Baird v Hastings (Practicing As Hastings and Co, Solicitors): QBNI 7 Aug 2013

The plaintiff claimed against the defendant, as solicitor for the plaintiff, for damages arising from the negligence and breach of contract of the defendant in relation to the conduct of conveyancing transactions

[2013] NIQB 143
Bailii

Northern Ireland, Professional Negligence

Updated: 28 December 2021; Ref: scu.544012

CA (A Minor) v Public Prosecution Service: QBNI 9 Sep 2013

The applicant was aged 17 and is the subject of an allegation of having inflicted grievous bodily harm contrary to Section 20 of the Offences against the Person Act 1861. She now challenged the Public Prosecution Service conclusion that the allegation is not suitable for diversionary disposal as an alternative to prosecution as provided for by the Criminal Justice Children (Northern Ireland) Order 1998.

[2013] NIQB 139
Bailii
Criminal Justice Children (Northern Ireland) Order 1998

Northern Ireland, Criminal Practice

Updated: 28 December 2021; Ref: scu.544013

JR65, Re Judicial Review: QBNI 8 Jan 2015

[2015] NIQB 1
Bailii
Northern Ireland
Citing:
See Also – JR65, Re Judicial Review QBNI 11-Oct-2013
. .

Cited by:
Appeal from – JR65, Re Judicial Review CANI 16-Mar-2016
The appellant challenged the absolute prohibition within the province of the giving of blood by any male who had had sex with another male, saying that the ban was incompatible with European law.
Held: The request for review was refused, but . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 27 December 2021; Ref: scu.542819

KA, Re Judicial Review: QBNI 11 Jul 2014

Application for leave to bring judicial review of three decisions of the Parades’ Commission for Northern Ireland whereby it determined to impose conditions upon virtually identical intended parades by three Orange Lodges on the early evening of Saturday 12 July 2014. The only condition to which objection is taken is that: ‘On the notified return the parade shall not process between the junction of Woodvale Parade and Woodvale Road and the junction of Hesketh Road and Crumlin Road.’

Weir J
[2014] NIQB 108
Bailii

Northern Ireland, Administrative

Updated: 27 December 2021; Ref: scu.542784