Category: Northern Ireland

The Mortgage Business Plc and Bank of Scotland Plc (T/A Birmingham Midshires) v Thomas Taggart and Sons: ChNI 30 Apr 2014

[2014] NICh 14
Bailii
Cited by:
Cited – Pepper (UK) Ltd (T/A Engage Credit) v Fox (P/A Barry Fox, Solicitors) ChNI 14-Jan-2016
Application by Pepper (UK) Ltd t/a Engage Credit against Emma Jane Fox practising as Barry Fox, Solicitors for the delivery up of all papers, documents and title deeds in the possession and custody of the Solicitors and belonging to the plaintiff . .

Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 18 December 2021; Ref: scu.535315

VK and AK v CC: CANI 19 Feb 2014

The child had been removed to NI by his mother. She had left him as a baby with her parents in Latvia, and they had cared for him under an informal arrangement for several years. M had taken the boy from the street in Latvia. The grandparents sought a declaration that Karl was being wrongfully retained in Northern Ireland in breach of their rights of custody and an order that he be returned forthwith. It was refused, they said in the face of dicisions whch said that their rights of custody should be respected, and now appealed against rejection of the order.
Held: The appeal failed. The court declined to follow the English case law, on the ground that it was inconsistent with two House of Lords decisions on the Convention and with one decision in the Court of Justice of the European Union on the Regulation.

Morgan LCJ, Higgins LJ and Coghlin LJ
[2014] NICA 15
Bailii
Child Abduction and Custody Act 1985
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:
Appeal from – 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.

Northern Ireland, Children

Updated: 16 December 2021; Ref: scu.534058

Rooney v Kelly (T/A JKL Furniture Warehouse): NIHCM 12 May 2014

The claimant had brought his case for repayment of sums paid for some furniture. He had lost, but commenced further proveedings now. The defendant applied for the action to be struck out as an abuse.
Held: The action was struck out as an abuse.

[2014] NIMaster 8
Bailii
England and Wales

Northern Ireland, Litigation Practice

Updated: 16 December 2021; Ref: scu.533894

MO, Regina v: CCNI 17 Oct 2013

Belfast – ‘The twenty eight charges against this defendant, Wu Pu Paul Mo, are each of converting criminal property contrary to Section 327(1)(c) of the Proceeds of Crime Act 2002. The particulars of each offence allege that he converted criminal property by purchasing bankers drafts from monies held in one of five accounts in his name, the drafts being, in almost every case, drawn in favour of Hon Yau Cheung, the sole exception (Count 28) being a draft drawn in favour of Siu Ling Mo, who is the sister of the defendant and the wife of Mr Cheung. The drafts are alleged to have been purchased on diverse dates beginning on the 8th of August 2003 and ending on the 2nd of July 2010. ‘

Weir J
[2013] NICC 25
Bailii

Northern Ireland, Crime

Updated: 15 December 2021; Ref: scu.533155

Northern Ireland Water (Decision Notice): ICO 26 Sep 2012

ICO The complainant made a freedom of information request to Northern Ireland Water for correspondence sent by named employees to officials within Northern Ireland’s Department for Regional Development as well as information regarding procurement breaches within the company. Northern Ireland Water disclosed some information falling within the scope of the request but withheld other information by relying on the section 40 (personal information) and section 43 (commercial interests) exemptions. During the course of the Commissioner’s investigation Northern Ireland Water said that it also wished to apply section 14(1) on the grounds that the request was vexatious. The Commissioner’s decision is that the request is vexatious within the meaning of section 14(1) and Northern Ireland Water was not obliged to comply with it. However, the Commissioner also found that in its handling of the request Northern Ireland Water breached sections 17(1) and 17(5) (Refusal of a request). The Commissioner requires no steps to be taken.
Section of Act/EIR and Finding: FOI 14 – Complaint Not upheld, FOI 17 – Complaint Upheld

[2012] UKICO FS50409186
Bailii
England and Wales

Information

Updated: 13 December 2021; Ref: scu.529851

Farrell and Another v Brien and Another: ChNI 4 Feb 2016

In each of these actions the respective Plaintiffs issued Originating Summons seeking to recover possession of premises pursuant to Order 113 Rules of the Supreme Court (NI) 1980 on the grounds that they are entitled to possession and the defendants are in occupation without licence or consent.

McBride J
[2016] NICh 9
Bailii
Northern Ireland

Northern Ireland, Land

Updated: 10 December 2021; Ref: scu.564917

CA v Public Prosecution Service (No 2): QBNI 2 Apr 2014

The applicant is the subject of an allegation of having inflicted grievous bodily harm contrary to section 20 of the Offences against the Person Act 1861 (‘OAPA’). The allegations relate to an incident that occurred in 2012 when she was 16. During the course of 2013 she challenged a Public Prosecution Service (‘PPS’) conclusion that the allegation was not suitable for diversionary disposal, as an alternative to prosecution, as provided for by the Criminal Justice (Children) (Northern Ireland) Order 1998

Morgan LCJ and Coghlin LJ
[2014] NIQB 44
Bailii

Northern Ireland, Criminal Practice

Updated: 04 December 2021; Ref: scu.526645

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 Ireland Assembly in the event of the GP failing to comply with the recommendation to pay the consolatory payment recommended.
Held: The commissioner did not have the powers he had purported to use, and in particular had no power to recommend monetary redress at all.

Higgins LJ, Girvan LJ, Coghlin LJ
[2014] NICA 11
Bailii
Northern Ireland
Cited by:
At CANI – 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 . .

Lists of cited by and citing cases may be incomplete.

Health Professions

Updated: 01 December 2021; Ref: scu.522846

Cooley, Re Judicial Review: CANI 12 Feb 2014

Appeal against a decision dismissing the appellants’ applications for judicial review of the Chief Constable”s decision not to issue them with the Certificate required for making a claim under the Northern Ireland Housing Executive”s Special Purchase of Evacuated Dwellings Scheme

Morgan LCJ, Girvan LJ and Weatherup J
[2014] NICA 18
Bailii

Northern Ireland

Updated: 01 December 2021; Ref: scu.522848