Mckeown v The United Kingdom: ECHR 11 Jan 2011

The applicant alleged that his trial for terrorism related offences was unfair because of the way the courts in Northern Ireland had approached the question of non-disclosure of prosecution papers to the defence on grounds of public interest immunity.

Citations:

[2011] ECHR 22

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Citing:

See AlsoMcKeown v The United Kingdom ECHR 1-Apr-2008
. .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice, Northern Ireland

Updated: 23 May 2022; Ref: scu.443850

Murray v The United Kingdom: ECHR 28 Oct 1994

The Army’s powers of arrest in Northern Ireland, did not breach the European Convention on Human Rights.

Judges:

Ryssdal, President

Citations:

Times 01-Nov-1994, 14310/88, [1994] ECHR 39, (1994) 19 EHRR 193

Links:

Worldlii, Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
CitedSecretary of State for the Home Department v AF AM and AN etc CA 17-Oct-2008
The claimants were subject to non-derogating control orders, being non EU nationals suspected of terrorism. They now said that they had not had a compatible hearing as to the issue of whether they were in fact involved in terrorist activity.
Lists of cited by and citing cases may be incomplete.

Human Rights, Northern Ireland, Armed Forces, Human Rights

Updated: 22 May 2022; Ref: scu.165336

Regina v Clegg: HL 25 Jan 1995

The defendant was a soldier on patrol in Northern Ireland. He was convicted of the murder of the passenger and attempted murder of the driver of a stolen car. He said he had fired in self defence. The Court of Appeal had rejected his appeal saying that on the facts it had been a grossly excessive and disproportionate use of force. The House was asked: ‘whether a soldier on duty, who kills a
person with the requisite intention for murder, but who would be entitled to rely on self-defence but for the use of excessive force, is guilty of murder or manslaughter.’
Held: The use of grossly excessive force in self defence can be no justification for murder, even when the act was committed by a soldier on duty. The alternative of manslaughter was not available in such a case.

Judges:

Lord Keith of Kinkel, Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead

Citations:

Gazette 22-Feb-1995, Independent 01-Feb-1995, Times 25-Jan-1995, [1995] UKHL 1, [1995] 1 All ER 334, [1995] 1 AC 482

Links:

Bailii

Statutes:

Criminal Law Act (Northern Ireland) 1967

Jurisdiction:

Northern Ireland

Citing:

MentionedRex v Cook 1640
The intent to resist unlawful apprehension is treated as a state of mind constituting ‘that lighter degree of malice which is necessary to the crime of manslaughter’ rather than murder. . .
CitedThe Queen v Howe 1958
High Court of Australia – Criminal Law – Murder – Conviction – Quashed on appeal to Supreme Court – New trial ordered – Appeal to High Court by Crown – Special leave – Questions of law affecting law of homicide – Importance – Self-defence – . .
CitedRegina v McInnes CACD 1971
Edmund Davies LJ said: ‘But where self-defence fails on the ground that force used went clearly beyond that which was reasonable in the light of the circumstances as they reasonably appeared to the accused, is it the law that the inevitable result . .
CitedPalmer v The Queen PC 23-Nov-1970
It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be . .
Lists of cited by and citing cases may be incomplete.

Crime, Armed Forces

Updated: 19 May 2022; Ref: scu.86397

Anderson v Hyde and Others: CANI 2 May 1996

The defendant company was wound up after the receiver had been appointed and the liquidator declined to take over the defence to the action. The judge had refused an application for a third party costs order against the receivers.
Held: Had the defence been taken over by the liquidator the costs of the claimant would have ranked in priority to the claims of ordinary unsecured creditors, and it would not be just and equitable for a receiver to be able to defend the action without any liability for costs whatever the outcome. A receiver of a company taking over the defence of a case is liable in costs as a party, but is entitled to an indemnity.

Citations:

Times 02-May-1996, [1996] 2 BCLC 144

Cited by:

CitedDolphin Quays Developments Ltd v Mills and others CA 17-May-2007
The owner had agreed to sell a long lease of an apartment to the defendant. Part of the price was to be by way of set off of an existing debt, but ths was not set out in the contract. The claimant bought the land and the benfit of the contract from . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Northern Ireland, Costs

Updated: 17 May 2022; Ref: scu.77787

Re M’s application: CANI 2004

The court spoke of the practical need for a power for a school to suspend as a precautionary measure: ‘We consider that it is entirely proper for a principal to suspend a pupil who may face the prospect of expulsion if the allegations made against him are substantiated for the purpose of having the case against the pupil explored. One need only instance a simple example to demonstrate the inevitability of that conclusion. If a pupil was alleged to have assaulted a teacher, it would be inconceivable that the principal should not be able to suspend the pupil pending a full investigation of the incident or a final decision as to what the ultimate punishment should be.’

Judges:

Kerr LCJ, Nicholson and Campbell LJJ

Citations:

[2004] NICA 32

Jurisdiction:

Northern Ireland

Cited by:

CitedJR17 for Judicial Review (Northern Ireland) SC 23-Jun-2010
The appellant was excluded from school. A female pupil related her fear of him to a teacher, but would not make a formal complaint, and the appellant was not to be told of the report or the investigation of it. There was said to have been confusion . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Education

Updated: 15 May 2022; Ref: scu.417818

Reilly (J M) v Belfast Corporation: 1970

Citations:

[1970] NI 68

Jurisdiction:

Northern Ireland

Cited by:

CitedHughes and Another v Greenwich London Borough Council HL 26-Oct-1993
A headmaster’s occupation of a house in the school was not ‘for the better performance of his duties’, and so was not a tied house, and so he had the right to buy it. A term could not be implied into his contract to require him to occupy the house. . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 06 May 2022; Ref: scu.183487

Regina v Greater Belfast Coroner, ex parte Northern Ireland Human Rights Commission: CANI 11 May 2001

The Commission was a creation of statute, and had not been given power to intervene in judicial proceedings. The coroner was investigating deaths at Omagh from a terrorist bombing, and the Commission sought to intervene. The Act should not be read restrictively, but nor could provisions be read into it which did not exist at will. The Commission had its own powers to commence investigations. When it might become involved in proceedings, either it sought to influence the outcome or it did not. If it did not, it was an improper distraction, and if it did it would be an improper intrusion, threatening the appearance of independence of the judiciary. In either case costs would be increased and have to be paid, and new issues of equality of arms would arise.

Citations:

Times 11-May-2001

Statutes:

Northern Ireland Act 1998

Human Rights, Coroners, Constitutional, Northern Ireland

Updated: 10 April 2022; Ref: scu.88484

Regina v Newtonabbey Magistrates Court Ex Parte Belfast Telegraph Newspapers Ltd: CANI 27 Aug 1997

When the defendant charged with indecent assault was remanded on bail to await trial, the magistrate ordered that there should be no report of the proceedings at that stage because of the defendant’s concerns that publicity would lead to his being attacked; this would frustrate the administration of justice because he might no longer be able to face trial. The newspaper objected.
Held: Magistrates cannot prevent publication of proceedings outside the strict limits of the Act even if could interfere with course of justice. ‘The use of the words ‘some other public interest’ indicates that Lord Diplock had in mind the protection of the public interest in the administration of justice rather than the private welfare of those caught up in that administration.’

Citations:

Times 27-Aug-1997, 1997 NILR 309, [1997] NI QBD 309

Statutes:

Contempt of Court Act 1981 4(2)

Cited by:

Appeal fromBelfast Telegraph Newspapers Ltd, In the Matter of CANI 3-Apr-2001
. .
CitedHarper and Another, Regina (on The Application of) v Aldershot Magistrates Court Admn 8-Jun-2010
Police defendants not to have addresses withheld
The defendants, senior police officers were accused of misconduct in public office, being said to have sought improperly to interfere in prosecutions for speeding. They appealed against refusal by the magistrates to have their addresses protected. . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court, Northern Ireland

Updated: 09 April 2022; Ref: scu.87436

In Re A Company (No 007946 of 1993): ChD 18 Nov 1993

A Northern Ireland company can be wound up in England and Wales if its principal place of business had been in England and Wales. The company incorporated in Northern Ireland became insolvent. It sought to strike out the Secretary of State’s petition under 124A, and said it could not apply to a Northern Ireland Company.
Held: The definition of an incorporated company included a company incorporated anywhre in the UK.

Judges:

Morritt J

Citations:

Times 18-Nov-1993, Gazette 02-Mar-1994, [1994] 2 WLR 439

Statutes:

Insolvency Act 1986 124A 220

Insolvency, Company, Northern Ireland

Updated: 08 April 2022; Ref: scu.81640

Jones v Jones and others: ChNI 2 Feb 2001

This case raises a number of important issues on the nature of a right of residence and the extent of the rights thereby created or reserved. Although the granting and reserving of rights of residence is a common feature of Irish agricultural land transactions and is a tribute to the Irish sense of family obligation the precise nature of such rights has long been a matter of judicial and academic debate.

Citations:

[2001] NICh 2

Links:

Bailii

Jurisdiction:

Northern Ireland

Land

Updated: 06 April 2022; Ref: scu.202027