(Northern Ireland) The deceased had been shot by a member of the Royal Ulster Constabulary in 1992. There had been inquests in 1995 and 2012, but proceedings were again brought alleging delay. The Court of Appeal had ordered a further stay of proceedings until conclusion of the inquest. The inquest had now been completed with its verdict.
Held: The appeal from grant of the stay was allowed.
Lord Reed stated that ‘it must be borne in mind at the outset that, in cases of the present kind, it is the delay itself which constitutes a breach of the claimant’s Convention rights’ and that ‘[t]he breach does not crystallise only after the inquest has been concluded’
Lady Hale (President), Lord Reed (Deputy President), Lord Carnwath, Lord Lloyd-Jones,
Lady Arden
[2019] UKSC 9
Bailii, Bailii Summary
European Convention on Human Rights 2
Northern Ireland
Citing:
Cited – Airey v Ireland ECHR 9-Oct-1979
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance . .
Cited – Woodhouse v Consignia Plc; Steliou v Compton CA 7-Mar-2002
The claimant continued an action brought in her late husband’s name. The action had begun under the former rules. After the new rules came into effect, the action was automatically stayed, since no progress had been made for over a year. Her . .
Cited – Jordan, Re Judicial Review QBNI 31-Jan-2014
. .
Appeal from – Jordan, Re Judicial Review CANI 15-Oct-2018
. .
Appeal from – Jordan’s (Teresa) Application CANI 25-May-2018
. .
Cited – Jordan and Others, Re Judicial Review QBNI 20-May-2014
. .
Cited – Hughes, Re Judicial Review QBNI 8-Mar-2018
. .
See Also – Jordan, Re Judicial Review CANI 22-Sep-2015
. .
See Also – Jordan, Re Applications for Judicial Review CANI 17-Nov-2014
. .
Lists of cited by and citing cases may be incomplete.
Coroners, Human Rights, Armed Forces
Updated: 16 January 2022; Ref: scu.634242