Category: Northern Ireland

Breslin and others v Mckenna and others: QBNI 14 Feb 2005

Citations:

[2005] NIQB 20

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Breslin and others v McKenna and others QBNI 28-Jan-2005
. .

Cited by:

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
. .
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: 30 June 2022; Ref: scu.224584

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

Citations:

[2005] NIQB 18

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

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
. .
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: 30 June 2022; Ref: scu.224583

Walsh v Assets Recovery Agency: CANI 26 Jan 2005

Judges:

Kerr LCJ, Nicholson LJ and Campbell LJ

Citations:

[2005] NICA 6, [2005] NI 383

Links:

Bailii

Cited by:

Cited – Gale and Another v Serious Organised Crime Agency SC 26-Oct-2011
Civil recovery orders had been made against the applicant. He had been accused and acquitted of drug trafficking allegations in Europe, but the judge had been persuaded that he had no proper explanation for the accumulation of his wealth, and had . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 29 June 2022; Ref: scu.222114

Attorney General’s reference (No 11 of 2003): CANI 2003

For an offence of possession of approximately 1.5 kilograms of a class A drug, cocaine, with intent to supply, the court increased a sentence of eighteen months to three and a half years. But for the effect of double jeopardy, the sentence would have been five years.

Citations:

[2003] NICA 42

Jurisdiction:

Northern Ireland

Cited by:

Cited – Attorney General’s Reference (Number 8 of 2004) (Dawson and Others) CANI 15-Apr-2005
Defendants had been convicted of offences involving supply of cannabis and cocaine, including the evasion of import controls and conspiracy. The sentences were appealed as too lenient.
Held: Where a prosecutor was aware that a plea of guilty . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Criminal Sentencing

Updated: 23 June 2022; Ref: scu.224219

McCotter v McNally and Another (John J McNally and Co Solicitors): QBNI 24 Sep 2004

Solicitor’s claim for work related stress.

Citations:

[2004] NIQB 59

Links:

Bailii

Citing:

Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Personal Injury

Updated: 21 June 2022; Ref: scu.216028

Magee, Re Application for Statutory Review: QBNI 16 Sep 2004

Judicial review – Criminal Justice Act 1988 – Claim for compensation for miscarriage of justice – claim is alternative under ex parte scheme – whether applicant victim of miscarriage – whether decision of Secretary of State flawed.

Citations:

[2004] NIQB 57

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

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 . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 21 June 2022; Ref: scu.216027

Re Law Society of Northern Ireland: QBNI 9 Sep 2004

The Law Society of Northern Ireland sought an order to quash a letter from the new NI Legal Service Commission declining to implement the remuneration rates set by the Society. There had been no review of charging rates by the commission for some considerable time, and the Society established its own committee to consider the issue. They argued that the duty to fix rates under the order was not dependent upon affordability. The court service had not agreed the new rates. The Society argued that they had been involved through membership of the relevant committees. There was a duty to provide fair and reasonable remuneration.
Held: ‘The constitutional requirement that parliament contains direct control of public expenditure operates as an aid to construction of statutory provisions. ‘ The Society was not free to set remuneration rates without the agreement of those who were to fund them. The Society’s solution was to approach the Lord Chancellor who set the level of funds available.

Judges:

Girvan J

Citations:

[2004] NIQB 48

Links:

Bailii

Statutes:

Legal Aid (Northern Ireland) Order 1981

Citing:

Cited – Steele Ford and Newton v Crown Prosecution Service (No.2) HL 1993
The House considered the court’s jurisdiction to award costs out of central funds.
Held: In this case there was no such power, but: ‘still more important, in the present context, is the special constitutional convention which jealously . .
Cited – Auckland Harbour Board v The King PC 1924
The making of ex gratia payments is lawful if, but not unless, there is Parliamentary authority for the disbursements: ‘It has been a principle of the British constitution now for more than two centuries . . that no money can be taken out of the . .
Cited – Regina v Brent London Borough Council ex parte Gunning 1985
The demands of fair consultation procedures will vary from case to case and will depend on the factors involved. The requirements are: ‘First, that consultation must be at a time when proposals are still at a formative stage. Second, that the . .
Cited – Regina v Lambeth Borough Council ex parte Clayhope Properties Limited 1988
A local authority may plead the invalidity of its own repairs notices in resisting tenants applications for grants to meet the costs of compliance. . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Legal Professions

Updated: 21 June 2022; Ref: scu.213675

Hassard v Mc Grath and Others: CANI 1996

Before the alleged transfer, the undertaking of general building work operations, was carried on by the Northern Ireland Housing Executive through its Direct Labour Organisation then divided into four districts. The employee worked in two units then contracted out to two separate building contractors. In unfair dismissal proceedings it was asked whether there had been a transfer of an identifiable part of an undertaking by the executive to one of the contractors. It was common ground that there were two elements to consider: whether there has been an identifiable undertaking and whether on the facts a transfer had taken place. The court emphasised the need to consider the ‘undertaking’ issue separately from the ‘transfer’ issue. There must have been an economic entity capable of being transferred as a going concern, but that the part of the undertaking transferred did not have to have been regarded by either the transferor or the transferee as a separate or distinct part of it, or to have been separately operated by them. ‘It would not be correct to look at the issue exclusively from the standpoint of either the transferor or the transferee. It is relevant to consider in the first instance whether the transferor regarded the activity in question as a distinct part of his undertaking, for an affirmative answer to that may well settle the matter. It is not, however, conclusive that he did not so regard it or treat it as a separate part of his organisation, if it was in effect an economic entity capable of being transferred as a going concern’

Citations:

[1996] NILR 586

Statutes:

Council Directive 77/187/EEC

Jurisdiction:

Northern Ireland

Cited by:

Cited – Fairhurst Ward Abbotts Limited v Botes Building Limited and others CA 13-Feb-2004
A claim was made under the TUPE regulations. The company replied that the part of the business transferred was not a discrete economic entity.
Held: The regulations did not require that in order to be governed by the regulations, a business . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Employment

Updated: 21 June 2022; Ref: scu.194786

O’Sullivan, Re Application for Judicial Review: QBNI 4 May 2001

Citations:

[2001] NIQB 16

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Kaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 13 June 2022; Ref: scu.202145

Moore (T/A James Moore Earth Moving) v Inland Revenue: ChNI 5 Dec 2001

Appeal against conditional setting aside of statutory demand.

Judges:

Girvan J

Citations:

[2001] NICh 15

Links:

Bailii

Citing:

Cited – In re a Debtor (No 1 of 1987), ex parte the Royal Bank of Scotland CA 1989
A statutory demand as served showed an incorrectly calculated sum owed and was in the wrong form.
Held: The application to set the demand aside was refused. A statutory demand should not be set aside for a mere technicality.
Lord Justice . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Insolvency

Updated: 13 June 2022; Ref: scu.202039

Kelly and Shiels, In the Matter of: CANI 15 Feb 2000

Appeal against refusal of judicial review of refusal to admit the applicants for study on a postgraduate legal professional course leading to potential admission as a solicitor. The applicants questioned: ‘the validity of the provision in the regulations made by the Law Society whereby an applicant for registration as a student of the Society must establish that he has been offered a place in the Institute. The case made by the appellants was that that provision was ultra vires the enabling legislation and void, and they sought a series of consequential remedies.’

Judges:

Carswell LCJ

Citations:

[2000] NICA 1

Links:

Bailii

Northern Ireland, Legal Professions

Updated: 13 June 2022; Ref: scu.201921

Fleming v Mayne: CANI 3 Mar 2000

The court set out the circumstances in which it could find special reasons for not disqualifying a driver who had driven with excess alcohol.

Citations:

[2000] NICA 5

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: 13 June 2022; Ref: scu.201923

Clarke v Mediguard Services Ltd: CANI 25 Feb 2000

Appeal by way of case stated against the decision of an industrial tribunal dated 9 August 1999, whereby it dismissed the appellant’s claim against the respondent for compensation for sex discrimination and/or victimisation. The net issue in the appeal is whether an employee who has brought a complaint of such treatment against her employer is entitled to pursue it against him when she has come to a settlement with the transferee employer who has succeeded to his liabilities in consequence of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 apply.

Citations:

[2000] NICA 2

Links:

Bailii

Northern Ireland

Updated: 13 June 2022; Ref: scu.201919

Gilmour, Regina v: CANI 5 Jun 2000

An accessory to a crime of specific intent is guilty to the extent of his own intention and no more. Even though the actual act which was carried out was of the nature of that intended, the fact that it went further than he anticipated was relevant. The applicant went along with a fire bombing not anticipating the infliction of grievous bodily harm, but his accomplices used a much more substantial volume of accelerant, causing a conflagration and three deaths. He was guilty of manslaughter not murder.

Citations:

Times 21-Jun-2000, [2000] NICA 10, [2000] NIECA 10

Links:

Bailii, Bailii

Crime, Northern Ireland

Updated: 13 June 2022; Ref: scu.201928

Corden, Re an Application for Judicial Review: QBNI 9 Jul 2004

On his return to the Young Offenders Institution, the applicant was found with positive indications of contact with drugs, and he was removed from association. He complained that his human rights had been infringed, contending that the ‘right’ in issue was the right to association, being the right to maintain relationships with other prisoners as an aspect of the right to private life under Article 8 and the right to liberty within the confines of the prison.
Held: The decision in issue did not involve a criminal charge or a civil right and Article 6 is not applicable.

Judges:

Weatherup J

Citations:

[2004] NIQB 44

Links:

Bailii

Cited by:

Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Prisons, Human Rights

Updated: 11 June 2022; Ref: scu.199400

Hemsworth, Re an Application for Judicial Review: QBNI 26 Apr 2004

Application for Judicial Review of a decision of the Legal Aid Department on an application for legal aid under the green form scheme in connection with preparatory legal work for the Inquest into the death of the applicant’s husband. This application involves two broad attacks, the first being to the particular decision and the second being to the compatibility of the green form scheme with the procedural requirements of Article 2 of the European Convention.

Judges:

Weatherup J

Citations:

[2004] NIQB 26

Links:

Bailii

Northern Ireland, Coroners, Human Rights, Legal Aid

Updated: 10 June 2022; Ref: scu.196127

Graham, Re an Application for Judicial Review: QBNI 2 Apr 2004

The applicant sought judicial review of his cellular confinement after being found to have assaulted a prison guard.
Held: Weatherup J said: ‘the loss of association or loss of privileges as a consequence of a prison adjudication do not constitute a breach of Article 8. First of all there must be a ‘right’ which has a basis in domestic law. In the prison disciplinary context the matters to which the applicant refers are not rights but privileges that are removed for disciplinary reasons. Secondly the right must be ‘civil’ in nature as determined ‘by reference to the substantive contents and effects of the right’ (Konig v Germany [1980] 2EHRR 170 at paragraph 89). Again the matters to which the applicant refers are privileges. Thirdly there must be a ‘determination’ of the civil right in the proceedings. This requires a direct relationship between the dispute and the right. In prison adjudications the impact on privileges is indirectly engaged by the contest. In professional disciplinary proceedings the civil right to practice a profession is directly engaged in the dispute. That the loss of prison privileges may have repercussions on private life or family life would not involve a dispute as to civil rights for the purposes of Article 6. Nor would loss of earnings involve a dispute as to civil rights for the purposes of Article 6. ‘

Judges:

Weatherup J

Citations:

[2004] NIQB 24

Links:

Bailii

Statutes:

Prison and Young Offenders Centre Rules (Northern Ireland) 1995, European Convention on Human Rights 8

Cited by:

Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Prisons, Human Rights

Updated: 10 June 2022; Ref: scu.195913

Pearson, Re, Attorney General’s Reference No 1 of 2004: CANI 20 Feb 2004

The Sentencing Advisory Panel consultation paper published in April 2003 should be regarded as providing authoritative guidance as to levels of sentencing in robbery cases. R -v- Turner [1975] 61 CAR 67 remained the touchstone for sentencing ranges.

Citations:

[2004] NICA 6

Links:

Bailii

Citing:

Cited – Regina v Turner CACD 1975
The starting point for sentencing for a serious armed robbery or the ‘hold up’ of a security or Post Office vehicle is in the region of 15 years, if firearms were carried and no serious injury inflicted and that the absence of a criminal record . .

Cited by:

Cited – Rooney and Others, Re Attorney General’s Reference (Number 1 of 2005) CANI 11-Nov-2005
The defendants had been convicted or armed robbery. The Attorney General appealed against the sentences saying they were too lenient. Rooney argued that his plea of guilty had been after an indication by the judge and the reference was misguided. . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Criminal Sentencing

Updated: 10 June 2022; Ref: scu.193988

Foster, Re Application for Judicial Review: QBNI 9 Jan 2004

Citations:

[2004] NIQB 1

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Kaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 09 June 2022; Ref: scu.192355

Moorhead v Moorhead: ChNI 11 Jan 2002

The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance’.
Held: ‘The comparison between divorce provision and inheritance provision is necessarily inexact as the former involves fairness for both husband and wife while the latter may admit of greater flexibility as it involves the same property being available to make reasonable provision for only one spouse.’

Citations:

[2002] NICh 1

Links:

Bailii

Statutes:

Inheritance (Provision for Family and Dependents) (Northern Ireland) Order 1979

Jurisdiction:

Northern Ireland

Citing:

Cited – Re Besterman, decd CA 1984
In the case of an application under the Act by a surviving spouse, maintenance is not the only, or even the dominant, consideration to be taken into account by the court. ‘In an application under section 25 of the Matrimonial Causes Act 1973 the . .
Cited – Cowan v Cowan CA 14-May-2001
When considering the division of matrimonial assets following a divorce, the court’s duty was, within the context of the rules set down by the Act, to impose a fair settlement according to the circumstances. Courts should be careful not to make . .
Cited – Moody v Stevenson CA 12-Jul-1991
The widower aged 81, appealed against refusal of provision under the 1975 Act from his wife’s estate. She had left him nothing. The judge at first instance had found, applying Styler, that her treatment was not unreasonable, and that therefore no . .
Cited – Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec) ChD 26-Jan-2001
The widow’s claim under the Act was contested by three daughters where the widow received a specific legacy and the will gave trustees a power to apply any part of the residue during the lifetime of the widow to provide and maintain a suitable . .
Cited – White v White HL 26-Oct-2000
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage.
Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary . .
Cited – Krubert, Re; Krubert v Davis and Others CA 27-Jun-1996
The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse.
Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Wills and Probate

Updated: 08 June 2022; Ref: scu.189690

McFarland, Re Application for Judicial Review: CANI 28 Jun 2002

Judges:

Carswell LCJ, Campbell LJ and Weatherup J

Citations:

[2002] NICA 28, [2002] NI 337

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Appeal from – Mcfarland, Re Application for Judicial Review QBNI 2002
The claimant sought compensation for his imprisonment after his conviction had been overturned. . .

Cited by:

Appeal from – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Appealed to – Mcfarland, Re Application for Judicial Review QBNI 2002
The claimant sought compensation for his imprisonment after his conviction had been overturned. . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 08 June 2022; Ref: scu.189673

Robinson v Chief Constable of the Police Service of Northern Ireland: CANI 25 Nov 2003

Citations:

[2003] NICA 46(3)

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Robinson v Chief Constable of the Police Service of Northern Ireland CANI 28-Nov-2003
. .
See Also – Robinson v Secretary of State for Northern Ireland and Others HL 25-Jul-2002
The Northern Ireland Parliament had elected its first minister and deputy more than six weeks after the election, but the Act required the election to be within that time. It was argued that as a creature of statute, the Parliament could not act . .

Cited by:

See Also – Robinson v Chief Constable of the Police Service of Northern Ireland CANI 28-Nov-2003
. .
See Also – Robinson v Chief Constable of the Police Service of Northern Ireland CANI 28-Nov-2003
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 08 June 2022; Ref: scu.189683

Donaghy, Re Application for Judicial Review 25(2): CANI 8 May 2002

Citations:

[2002] NICA 25(2)

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Donaghy, Re Application for Judicial Review 25(1) CANI 8-May-2002
. .

Cited by:

See Also – Donaghy, Re Application for Judicial Review 25(3) CANI 8-May-2002
. .
Cited – 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

Updated: 08 June 2022; Ref: scu.189668