swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Northern Ireland - From: 1985 To: 1989
This page lists 8 cases, and was prepared on 02 April 2018.
Re McKiernan's Application [1985] NI 385
1985
Northern Ireland, Prisons
The court found difficulty in drawing a logical distinction between the disciplinary functions of governors and Boards of Visitors.
1 Citers
Deighan v Sunday Newspapers Limited; QBNI 1987 - [1987] NI 105
Curran v Northern Ireland Co-Ownership Housing Association; HL 1987 - [1987] 2 All ER 13; [1987] 2 WLR 1043; [1987] AC 718
Regina v Board of Visitors of the Maze Prison, ex Parte Hone; HL 21-Jan-1987 - [1988] AC 379; [1988] 2 WLR 177; [1988] 1 All ER 321; [1987] UKHL 9
In Re Coleman's Application [1988] NI 20
1988
CANI
Lord Lowry CJ
Northern Ireland
The court asked what was the result of a first instance hearing of a matter where it had incorrectly concluded the matter to be a criminal cause. Was it ultra vires? Held: Lord Lowry CJ said: "It is an accepted maxim that nothing is to be intended out of the jurisdiction of the High Court except that which is expressly excluded from it. At common law the Court of Queen's Bench, and subsequently the Queen's Bench Division of the High Court, exercised the prerogative jurisdiction through a plurality of judges and there is nothing in section 16(5) which unequivocally dictates that that jurisdiction can now only be lawfully exercised by one judge, where it was formerly exercised by two or three judges, or even by the entire Bench as, for example, in R (Martin) v Mahony [1910] 2 IR 695."
Judicature (Northern Ireland) Act 1978 16(5) - Rules of the Supreme Court (Northern Ireland) 1980
1 Citers
(Un-named) [1988] NISSCSC C23-85(SuppBen)
5 Jan 1988
NISSCS
Northern Ireland, Benefits
[ Bailii ]
Ulsterbus v Henderson [1989] IRLR 251
1989
CANI
O'Donnell LJ
Northern Ireland, Employment
O'Donnell LJ said: "It is quite clear in this case that a careful investigation was carried out by Mr Campbell, an appeal was heard by Mr Wilson, and a most meticulous review of all the evidence was carried out as evidenced by Mr Heubeck's letter of 31.12.85. As I have indicated, in that letter Mr Heubeck meticulously reviewed all the evidence and considered whether there was any reasonable possibility, indeed any possibility, that a mistake had been made. What the Tribunal appears to be suggesting is that in certain circumstances it is incumbent on a reasonable employer to carry out a quasi-judicial investigation with a confrontation of witnesses, and cross-examination of witnesses. While some employers might consider this to be necessary or desirable, to suggest as the Tribunal did, that an employer who failed to do so in a case such as this was acting unreasonably, or in the words of Lord Denning, acting outside 'a band of reasonableness, within which one employer might reasonably take one view, another quite reasonably take a different view', is in my view insupportable."
1 Citers
(Un-named) [1989] NISSCSC C4-88(UB)
9 Aug 1989
NISSCS
Northern Ireland, Benefits
[ Bailii ]
