Category: Northern Ireland

McCall and Another v HM Revenue and Customs: CANI 25 Feb 2009

The deceased had inherited grass land from her husband. It had planning permission for development. The personal representatives appealed against a finding that relief was not available as a relevant business property.

Judges:

Girvan LJ, Coghlin LJ and Deeny J

Citations:

[2009] NICA 12, [2009] STC 990, [2009] STI 1124, [2009] BTC 8059

Links:

Bailii

Statutes:

Inheritance Tax Act 1984 104

Cited by:

Cited – HM Revenue and Customs v A M Brander As Exec of The Will of The Late Fourth Earl of Balfour UTTC 16-Aug-2010
UTTC Inheritance tax – Exempt transfers and relief – Business property relief Replacement property – Deceased having liferent interest in family estate – Deceased declared to be fee simple proprietor of the . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Inheritance Tax, Agriculture

Updated: 25 July 2022; Ref: scu.343911

In Re A Company (No 007946 of 1993): ChD 18 Nov 1993

A Northern Ireland company can be wound up in England and Wales if its principal place of business had been in England and Wales. The company incorporated in Northern Ireland became insolvent. It sought to strike out the Secretary of State’s petition under 124A, and said it could not apply to a Northern Ireland Company.
Held: The definition of an incorporated company included a company incorporated anywhre in the UK.

Judges:

Morritt J

Citations:

Times 18-Nov-1993, Gazette 02-Mar-1994, [1994] 2 WLR 439

Statutes:

Insolvency Act 1986 124A 220

Jurisdiction:

England and Wales

Insolvency, Company, Northern Ireland

Updated: 24 July 2022; Ref: scu.81640

In re KLA (An Infant): 2000

Sir John MacDermott considered the purpose of freeing orders. The purpose was: ‘to find out if a child would be available for adoption before prospective adopters were found and their hopes frustrated if the adoption court ruled that consent was not being unreasonably withheld.’

Judges:

Sir John MacDermott

Citations:

[2000] NI 234

Jurisdiction:

Northern Ireland

Cited by:

Cited – Down Lisburn Health and Social Services Trust and Another v H and Another HL 12-Jul-2006
The House considered when adoption law would allow an adoption without the consent of the birth parent where there had been some continuing contact between that parent and the child.
Held: (Baroness Hale dissenting) The appeal against the . .
Lists of cited by and citing cases may be incomplete.

Adoption

Updated: 21 July 2022; Ref: scu.243095

Brangam, Re Judicial Review: QBNI 10 Sep 2008

Application for judicial review of the decision of the Law Society of Northern Ireland in exercise of its power of attorney for George Brangam, solicitor, to convey to the Law Society of Northern Ireland, as Trustees of the Solicitors Compensation Fund, as mortgagee, the interest of George Brangam in the premises held as joint tenants by George Brangam and the applicant.

Judges:

Weatherup J

Citations:

[2008] NIQB 92

Links:

Bailii

Northern Ireland, Legal Professions

Updated: 19 July 2022; Ref: scu.277784

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.

Citations:

35348/06, [2008] ECHR 969

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – 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. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Adoption, Northern Ireland

Updated: 19 July 2022; Ref: scu.276684

Herbison v McCooke and Another: QBNI 8 Mar 2007

The claimant was on land belonging to the second defendant in the company of the first defendant when an explosion occurred as a result of which he sustained a serious injury to his left leg. The parties have agreed that if liability is established the plaintiff is entitled to receive andpound;70,000 in compensation for his injuries.

Judges:

Higgins LJ

Citations:

[2007] NIQB 122

Links:

Bailii

Northern Ireland, Personal Injury

Updated: 14 July 2022; Ref: scu.267017

Breslin and Others v McKenna and others: QBNI 15 Feb 2008

Citations:

[2008] NIQB 19

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Breslin and others v McKenna and others QBNI 28-Jan-2005
. .
See Also – Breslin and others v Mckenna and others QBNI 14-Feb-2005
. .
See Also – Breslin and others v McKenna and others QBNI 28-Jun-2005
. .
See Also – Breslin and others v McKenna and others CANI 15-Mar-2007
. .
Cited – Breslin and others v McKenna and others QBNI 18-Jan-2008
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 14 July 2022; Ref: scu.266916

Officer L and Others, Re Application for Judicial Review: QBNI 3 Nov 2006

Police officers called to appear at a public inquiry objected to a decision against allowing them to do so anonymously.

Citations:

[2006] NIQB 75

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

Appeal from – Officer L, Re Application for Judicial Review CANI 5-Feb-2007
Police officers were to give evidence before the Hamill Inquiry into events in Northern Ireland, but feared that if they were assiociated through the inquiry with the events, they would be under a threat of terrorist reprisal. They therefore sought . .
At first Instance – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Armed Forces, Litigation Practice

Updated: 14 July 2022; Ref: scu.246254

Officer L, Re Application for Judicial Review: CANI 5 Feb 2007

Police officers were to give evidence before the Hamill Inquiry into events in Northern Ireland, but feared that if they were assiociated through the inquiry with the events, they would be under a threat of terrorist reprisal. They therefore sought anonymity. The tribunal now appealed the grant of anonymity.
Held: The appeal was refused. It confined its consideration to the tribunal’s ruling in relation to article 2 of the Convention. It held that the tribunal was in error in holding that it was necessary to find that a materially increased risk to the applicants for anonymity would arise from their giving evidence.

Judges:

Kerr LCJ, Campbell and Girvan LJJ

Citations:

[2007] NICA 8

Links:

Bailii

Statutes:

European Convention on Human Rights 2

Jurisdiction:

Northern Ireland

Citing:

Appeal from – Officer L and Others, Re Application for Judicial Review QBNI 3-Nov-2006
Police officers called to appear at a public inquiry objected to a decision against allowing them to do so anonymously. . .

Cited by:

Appeal from – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Police, Human Rights

Updated: 14 July 2022; Ref: scu.249047

Breslin and others v McKenna and others: QBNI 18 Jan 2008

Citations:

[2008] NIQB 5

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Breslin and others v McKenna and others QBNI 28-Jan-2005
. .
See Also – Breslin and others v Mckenna and others QBNI 14-Feb-2005
. .
See Also – Breslin and others v McKenna and others QBNI 28-Jun-2005
. .
See Also – Breslin and others v McKenna and others CANI 15-Mar-2007
. .

Cited by:

Cited – Breslin and Others v McKenna and others QBNI 15-Feb-2008
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 13 July 2022; Ref: scu.264065

Duffy, Re: HL 30 Jan 2008

The claimant sought judicial review of a decision to appoint two new members to the parades commission. His request succeeded at first instance, but had failed on appeal. He complained that letters inviting proposals for membership were sent to protestant organisations, but none went to nationalist groups including the residents association which he represented in a catholic area.
Held: The request succeeded. No Secretary of State could reasonably have confirmed the appointments made. The people appointed were so committed to one side of the community that they could not act with sufficient independence. The commission is not a court but it has a duty to seek to resolve contentious disputes by mediation where this is possible and, where it is not, to make determinations which will, so far as may be, reconcile the wishes of those who wish to parade with the wishes of those who do not wish to be intimidated, insulted or inconvenienced. These are not judicial tasks, but they are tasks which can only be satisfactorily performed by a body which is accepted by both parties as independent, objective and impartial in its approach. The two people appointed ‘had both been very prominent and committed proponents of the loyalist parade from Drumcree along the Garvaghy Road to Portadown. When appointed neither had resigned from the bodies to which they belonged and neither gave any recorded indication that he had changed his allegiance. No reasonable person, knowing of the two appointees’ background and activities, could have supposed that either would bring an objective or impartial judgment to bear on problems raised by the parade in Portadown and similar parades elsewhere. There is nothing in the papers which suggests that the interviewing panel recognised this problem at all, and I share the judge’s doubt, expressed in paragraph 16 of his judgment, whether they understood the nature of the task on which they were engaged. ‘

Judges:

Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2008] UKHL 4

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Appeal from – Duffy, Re Application for Judicial Review CANI 9-Jun-2006
. .
Appeal from – Duffy, Re Application for Judicial Review CANI 9-Jun-2006
The claimant had sought judicial review of decisions to appoint new members of the parades commission, saying that preferences had been given to protestant groups who might send applicants.
Held: The defendants appeal succeeded, and the review . .
Cited – White, Application for Judicial Review QBNI 18-May-2000
. .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Judicial Review, Natural Justice

Updated: 13 July 2022; Ref: scu.264022

McClurg and others v Royal Ulster Constabulary – 84: QBNI 3 Jul 2007

Citations:

[2007] NIQB 84

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261738

McClurg and others v Royal Ulster Constabulary – 85: QBNI 3 Jul 2007

Citations:

[2007] NIQB 85

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261739

Mcclurg and others v Royal Ulster Constabulary – 78: QBNI 3 Jul 2007

Citations:

[2007] NIQB 78

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .

Cited by:

See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 82 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 83 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 84 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 85 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 86 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261732

Mcclurg and others v Royal Ulster Constabulary – 77: QBNI 3 Jul 2007

Citations:

[2007] NIQB 77

Links:

Bailii

Cited by:

See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 82 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 83 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 84 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 85 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 86 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261731

Mcclurg and others v Royal Ulster Constabulary – 83: QBNI 3 Jul 2007

Citations:

[2007] NIQB 83

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261737

Mcclurg and others v Royal Ulster Constabulary – 80: QBNI 3 Jul 2007

Citations:

[2007] NIQB 80

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .

Cited by:

See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 82 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 83 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 84 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 85 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 86 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261734

Mcclurg and others v Royal Ulster Constabulary – 82: QBNI 3 Jul 2007

Citations:

[2007] NIQB 82

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261736

Mcclurg and others v Royal Ulster Constabulary – 86: QBNI 3 Jul 2007

Citations:

[2007] NIQB 86

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261740

Mcclurg and others v Royal Ulster Constabulary – 81: QBNI 3 Jul 2007

Citations:

[2007] NIQB 81

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .

Cited by:

See Also – Mcclurg and others v Royal Ulster Constabulary – 82 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 83 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 84 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 85 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 86 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261735

Gault v The United Kingdom: ECHR 20 Nov 2007

The claimant said that the system for withholding bail in criminal proceedings in Northern Ireland had infringed her human rights. She was accused of murder, had been convicted but that conviction had been overturned and she was awaiting a second trial. She was the mother of triplets aged 6, and the prosecution did not object to bail.
Held: The claim succeeded. There was insufficient clarity as to the reasons for withholding bail. The nearness of a forthcoming trial was not a relevant consideration, and nor in the light of the prosecution’s attitude was it proper to conclude that she might flee.

Citations:

1271/05, [2007] ECHR 952, Times 28-Nov-2007, [2010] ECHR 986

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights 5

Jurisdiction:

Human Rights

Human Rights, Criminal Practice, Northern Ireland

Updated: 12 July 2022; Ref: scu.261415