McCord, Re Judicial Review: QBNI 28 Oct 2016

The claimant made application for judicial review of the stated intention of the Government of the UK to issue an article 50 notice to leave the EU, by means of the use of the royal Prerogative. They said that any use of the royal prerogative had been displaced by the 1998 Act.
Held: There was no particular provision in the Northern Ireland legislation to prevent the use of the royal prerogative in the way suggested.
References: [2016] NIQB 85
Links: Bailii
Judges: Maguire J
Statutes: Northern Ireland Act 1998, European Communities Act 1972
Jurisdiction: Northern Ireland
This case cites:

  • Cited – Shindler and Another v Chancellor of The Duchy of Lancaster and Another CA 20-May-2016 (C1/2016/1796, , [2016] EWCA Civ 469, , , [2016] WLR(D) 273, , [2016] HRLR 14, [2016] 3 WLR 1196, [2017] QB 226, [2016] 3 CMLR 23)
    The claimants appealed against rejection of their challenges to the 2015 Act. As British citizens who had lived abroad for more than fifteen years, they were not to be allowed to vote.
    Held: The claim failed. The Act was not in breach of . .
  • Cited – McCotter, Re Judicial Review QBNI 14-Jan-2014 (, [2014] NIQB 7)
    The applicant sought judicial review of the respondent’s decision to select candidates for redundancy by means of a lottery-type exercise. . .
  • Cited – Robinson v Secretary of State for Northern Ireland and Others HL 25-Jul-2002 (, , [2002] UKHL 32, [2002] NI 390)
    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 . .

This case is cited by:

  • Cited – Miller and Dos Santos v The Secretary of State for Exiting the European Union and Others QBD 13-Nov-2016 (, , [2016] EWHC 2768 (Admin), [2016] WLR(D) 564, )
    The applicant challenged a decision by the respondent that he could use Crown prerogative powers to issue a notice under section 50 TUE to initiate the United Kingdom leaving the EU following the referendum under the 2015 Act.
    Held: Once the . .
  • Appeal from – Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union SC 24-Jan-2017 (, [2017] UKSC 5, , [2017] 2 WLR 583, [2017] WLR(D) 53, , UKSC 2016/0196, , , , , , , , , , , , [2017] NI 141, [2018] AC 61, [2017] HRLR 2, [2017] 1 All ER 593, [2017] 2 CMLR 15)
    In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying . .

These lists may be incomplete.
Last Update: 25 October 2020; Ref: scu.570799