Category: Northern Ireland

DB, Re Judicial Review: CANI 1 Jul 2014

A complaint was made that the police had failed properly to understand and implement their duties in managing partisan marches in Northern Ireland.
Held: the 1998 Act had not been undermined by the decisions and actions of the police in relation to the parades. The steps taken by the police to protect the article 8 rights of the appellant and other residents of Short Strand were proportionate.
The incomplete enactment of the North report created a particular difficulty for the police:
‘The North Report recognised that under its proposals there would still remain that cohort of parades that were last minute or unforeseen. It considered that in those circumstances the parades should be controlled by police using their public order powers. The problem for police, which the circumstances in this case demonstrate, is that the partial implementation of the North Report has left a larger cohort of parades outside the Parades Commission’s jurisdiction. In particular, the PSNI have to deal with unnotified parades using their available public order powers including the right of arrest in respect of the organisation or participation in such parades and the prevention of such unlawful parades in accordance with the duty under section 32 of the 2000 Act to prevent crime.’

Judges:

Morgan LCJ, Girvan LJ and Weir J

Citations:

[2014] NICA 56

Links:

Bailii

Statutes:

The Public Processions (Northern Ireland) Act 1998

Jurisdiction:

Northern Ireland

Citing:

Appeal from – DB, Re Judicial Review QBNI 28-Apr-2014
The court granted the respondent’s application for judicial review of the policing by PSNI of certain parades which had not been notified in accordance with the requirements of the Public Processions (Northern Ireland) Act 1998, finding that the . .

Cited by:

Appeal from – DB v Chief Constable of Police Service of Northern Ireland SC 1-Feb-2017
The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers.
Held: Treacy . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 10 July 2022; Ref: scu.537092

Police Service of Northern Ireland v Cassells: CANI 2 Mar 2007

Citations:

[2007] NICA 12

Links:

Bailii

Statutes:

Road Traffic (Northern Ireland) Order 1995

Citing:

Cited – Taylor v Rajan 2-Jan-1974
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Road Traffic

Updated: 10 July 2022; Ref: scu.251204

Breslin and others v McKenna and others: CANI 15 Mar 2007

Citations:

[2007] NICA 14

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
. .

Cited by:

See Also – Breslin and others v McKenna and others QBNI 18-Jan-2008
. .
See Also – Breslin and Others v McKenna and others QBNI 15-Feb-2008
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 10 July 2022; Ref: scu.251200

McGuinness, Re Application for Judicial Review: QBNI 3 Oct 1997

The claimant was an MP from Northern Ireland. As an MP he had been required to swear allegiance to the Crown, but he had refused to do so for his belief in an independent Ireland. He challenged the decision of the Speaker of the House to refuse him his expenses due as an MP.
Held: There was no human rights breach, but the allegation related to a matter within the area of exclusive jurisdiction that the House enjoyed over its own business. The Speaker’s decision ‘could not be challenged by way of judicial review’. The Speaker’s announcement in the House of Commons of action taken by her on behalf of the House to regulate the use by members of services which are ancillary to their work within the Chamber was a proceeding in Parliament and immune from judicial intervention. By virtue of article 9 ‘control of its own internal arrangements has long been recognised as falling uniquely within Parliament’s domain and superintendence from which the court’s intervention is excluded’.

Judges:

Kerr J

Citations:

[1997] NIQB 2, [1997] NI 359

Links:

Bailii

Statutes:

Parliamentary Oaths Act 1866, Bill of Rights 1689 9

Cited by:

Cited – Regina v Morley; Regina v Chaytor; Regina v Devine; Regina v Lord Hanningfield CC 11-Jun-2010
(Southwark Crown Court) The defendants faced charges of false accounting in connection with expense claims as members of parliament, three of the House of Commons and one of the Lords. Each claimed that the matter was covered by Parliamentary . .
Cited – Chaytor and Others, Regina v CACD 30-Jul-2010
The defendants had been members of the Houses of Commons and of Lords. They faced charges of dishonesty in respect of their expenses claims. They now appealed a finding that they were not subject to the exclusive jurisdiction of Parliament under . .
Cited – Chaytor and Others, Regina v SC 1-Dec-2010
The defendants faced trial on charges of false accounting in connection in different ways with their expenses claims whilst serving as members of the House of Commons. They appealed against rejection of their assertion that the court had no . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Constitutional

Updated: 09 July 2022; Ref: scu.249212

Tweed v Parades Commission for Northern Ireland: HL 13 Dec 2006

(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were provided on an assurance of confidentiality.
Held: Disclosure rules are different in judicial review proceedings since such cases raise primarily issue of law rather than fact. However human rights decisions are more fact specific, and disclosure may increase. The documents should be disclosed by the commission to the judge in the case so that he might assess what they might add to the proceedings.
Lord Bingham said that judicial review cases involving human rights issues: ‘tend to be very fact-specific and any judgment on the proportionality of a public authority’s interference with a protected Convention right is likely to call for a careful and accurate evaluation of the facts. But even in these cases, disclosure should not be automatic. The test will be whether, in the given case, disclosure appears to be necessary in order to resolve the matter fairly and accurately’

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2007] 1 AC 650, [2006] UKHL 53, Times 15-Dec-2006, [2007] 2 WLR 1, [2007] 2 All ER 273

Links:

Bailii

Statutes:

European Convention on Human Rights 9 10 11, Public Processions (Northern Ireland) Act 1998

Jurisdiction:

England and Wales

Citing:

Cited – Campaign for Nuclear Disarmament (CND) v Prime Minister and others Admn 17-Dec-2002
CND sought an advisory declaration as to the meaning of UN Security Council resolution 1441, which had given Iraq ‘a final opportunity to comply with its disarmament obligations’ and whether the resolution authorised states to take military action . .
Cited – Regina v Inland Revenue Commissioners, ex parte the National Federation of Self-Employed and Small Businesses Ltd HL 9-Apr-1981
Limitations on HMRC discretion on investigation
The Commissioners had been concerned at tax evasion of up to 1 million pounds a year by casual workers employed in Fleet Street. They agreed with the employers and unions to collect tax in the future, but that they would not pursue those who had . .
Cited – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited – Regina v Secretary of State for Home Department ex parte Harrison CA 16-Jul-1997
In judicial review the court is not required to consider the route by which the impugned decision is reached, but only the terminus. . .
Cited – Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment and Another (No 2) PC 13-Aug-2003
(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated.
Held: The Board of the Council did have power to grant an interim . .
Cited – Regina v Secretary of State for the Environment, Ex parte Islington London Borough Council and the London Lesbian and Gay Centre 1997
Unless there is some prima facie case for suggesting that the evidence relied upon by the deciding authority is in some respects incorrect or inadequate it is improper to allow disclosure of documents, the only purpose of which would be to act as a . .
Cited – Re Rooney’s Application 1995
. .
Cited – Regina v Secretary of State for the Environment ex parte Islington London Borough Council CA 19-Jul-1991
The court considered the proper range within which challenges to affidavit evidence given in judicial reviw proceedings should be kept. Dillon LJ said: ‘The . . argument is stated to have been that an applicant is not entitled to go behind an . .
Cited – Re McGuigan’s Application 1994
. .
Cited – Regina v Secretary of State for Foreign Affairs ex Parte the World Development Movement Ltd Admn 10-Nov-1994
The Movement sought to challenge decisions of the Secretary of state to give economic aid to the Pergau Dam, saying that it was not required ‘for the purpose of promoting the development’ of Malaysia. It was said to be uneconomic and damaging. It . .
Cited – Regina v Secretary of State for Home Department ex parte Fayed CA 13-Nov-1996
The nature of the Secretary of State’s objections and a chance to reply are to be given if the Secretary intends to deny an application for naturalisation. Administrative convenience cannot justify unfairness. The court deprecated ‘fishing . .
Cited – Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias HL 1-Nov-1979
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination.
Held: The court . .
Cited – Dubai Bank Ltd v Galadari (No 2) CA 1990
An ex parte Mareva injunction had been obtained. It was said that there had been material non-disclosure of important facts. The plaintiff bank had been under the control of the Galadaris between 1970 and 1985, when it was taken over by the . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – Dubai Bank Ltd v Galadari (No 7) ChD 1992
The court approved the proposition that the starting point for the court in addressing the selection of documents for discovery is that the court should accept a solicitor’s affidavit claiming privilege as conclusive ‘unless it can be seen . .
Cited – Regina v Secretary of State for Health, Ex parte Hackney London Borough Council CA 29-Jul-1994
. .
Cited – Regina v British Broadcasting Corporation ex parte Pro-life Alliance HL 15-May-2003
The Alliance was a political party seeking to air its party election broadcast. The appellant broadcasters declined to broadcast the film on the grounds that it was offensive, being a graphical discussion of the processes of abortion.
Held: . .
Cited – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .

Cited by:

Cited – Somerville v Scottish Ministers HL 24-Oct-2007
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; . .
Cited – Al-Sweady and Others, Regina (On the Application of) v Secretary Of State for Defence (PII) Admn 10-Jul-2009
The claimants alleged murder and ill-treatment by the British Armed forces in Iraq. The defendant had failed repeatedly to comply with disclosure orders and an indemnity costs award had been made against him. The defendant had in particular . .
Cited – Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4) Admn 4-Feb-2009
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of . .
Cited – Al-Sweady and Others, Regina (on the Application of) v Secretary of State for the Defence Admn 2-Oct-2009
The claimant’s son had died whilst in the custody of the British Armed Forces in Iraq. His uncle now claimed that his human rights had been infringed. The case ‘raised a fundamental issue of jurisdiction under Article 1 of the ECHR because if the . .
Cited – Sainsbury’s Supermarkets Ltd, Regina (on The Application of) v The Independent Reviewer of Advertising Standards Authority Adjudications Admn 10-Nov-2014
The two supermarkets had price matching comparison schemes. Sainburys complained that the Independent Reviewer’s decsion that the ASA’s response to is complant as to the Tesco scheme was itself flawed. They had complained that the selections for . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Judicial Review, Human Rights

Updated: 08 July 2022; Ref: scu.247399

McKay v The United Kingdom: ECHR 3 Oct 2006

The applicant said that his human rights had been infringed under laws which required him to apply to the high court for bail rather than to a magistrate, necessitating a further four day wait before his application for bail was considered. He had been remanded after admitting an armed robbery, though the police had not objected to bail. Because the offence was one scheduled by the 2000 Act under the 1996 Act.
Held: The provisions were not incompatible with the Convention. The magistrate was in a position to examine other elements such as the lawfulness of his detention and the existence of reasonable grounds for suspicion of having committed the offence. There was no possible arbitrariness or abuse to require an application to the High Court which had in fact heard the application within a day. As to article 5: ‘Article 5 of the Convention is, together with articles 2, 3 and 4, in the first rank of the fundamental rights that protect the physical security of an individual and as such its importance is paramount. Its key purpose is to prevent arbitrary or unjustified deprivations of liberty.’

Citations:

Times 30-Oct-2006, 543/03, [2006] ECHR 820, (2007) 44 EHRR 41

Links:

Bailii

Statutes:

European Convention on Human Rights 5 2 3 4, Northern Ireland (Emergency Provisions) Act 1996, Terrorism Act 2000 67(2)

Cited by:

Cited – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009
Movement retsriction was not Liberty Deprivation
The claimants had been present during a demonstration policed by the respondent. They appealed against dismissal of their claims for false imprisonment having been prevented from leaving Oxford Circus for over seven hours. The claimants appealed . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice, Northern Ireland

Updated: 08 July 2022; Ref: scu.246586

McManus, Regina v: CANI 19 Oct 2006

A-G’s appeal against sentence of 15 months Custody Probation following the defendant’s conviction for causing death by careless driving having consumed excess alcohol.

Judges:

Nicholson LJ. Campbell LJ and Coghlin J

Citations:

[2006] NICA 39

Links:

Bailii

Statutes:

Criminal Justice Act 1988, Road Traffic (Northern Ireland) Order 1995 14(1)(b)

Northern Ireland, Criminal Sentencing

Updated: 08 July 2022; Ref: scu.246258

O’Donnell, Regina v: CANI 19 Oct 2006

The Attorney General sought to appeal against the defendant’s sentence for blackmail, saying that it ( Custody Probation Order of 6 years, consisting of 4 and a half years’ imprisonment followed by 18 months on probation) was unduly lenient.

Judges:

Nicholson LJ, Campbell LJ and Coghlin J

Citations:

[2006] NICA 38

Links:

Bailii

Statutes:

Criminal Justice Act 1988 36

Northern Ireland, Criminal Sentencing

Updated: 08 July 2022; Ref: scu.246259

(Un-named) Incapacity Benefit: NISSCS 18 Feb 1998

Application by the claimant for leave to appeal against the decision of a Social Security Appeal Tribunal which held that claimant was not entitled to incapacity benefit from and including 10 June 1996 as he only scored 12 points in the All Work Test.

Citations:

[1998] NISSCSC C15/98(IB)

Links:

Bailii

Northern Ireland, Benefits

Updated: 06 July 2022; Ref: scu.240718

Rea v Sheridan Millennium Ltd: FENI 15 Feb 2005

Citations:

[2005] NIFET 1189 – 03

Links:

Bailii

Citing:

Cited – British Home Stores Ltd v Burchell EAT 1978
B had been dismissed for allegedly being involved with a number of other employees in acts of dishonesty relating to staff purchases. She had denied the abuse. The tribunal had found the dismissal unfair in the methods used to decide to dismiss her. . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Discrimination

Updated: 04 July 2022; Ref: scu.230816

Breslin and others v McKenna and others: QBNI 28 Jun 2005

Citations:

[2005] NIQB 53

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
. .

Cited by:

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

Northern Ireland

Updated: 01 July 2022; Ref: scu.228254