Tag: Northern Ireland

Northern Ireland Human Rights Commission, Re Judicial Review: CANI 27 Jun 2013

Judges:

Morgan LCJ, Girvan LJ and Coghlin LJ

Citations:

[2013] NICA 37

Links:

Bailii

Statutes:

Adoption (Northern Ireland) Order 1987, European Convention on Human Rights 8 14

Jurisdiction:

Northern Ireland

Adoption, Discrimination, Human Rights

Updated: 07 August 2022; Ref: scu.513865

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

Jurisdiction:

England and Wales

Insolvency, Company, Northern Ireland

Updated: 24 July 2022; Ref: scu.81640

R and H v The United Kingdom: ECHR 23 Sep 2008

The claimants complained at the procedure used to free their child for adoption against their wishes.

Citations:

35348/06, [2008] ECHR 969

Links:

Bailii

Statutes:

European Convention on Human Rights

Jurisdiction:

Human Rights

Cited by:

See Also – R And H v The United Kingdom ECHR 31-May-2011
The court considered arrangements for an adoption in Northern Ireland where the parent’s consent was withheld.
Held: For parental consent to be overriden there had to be shown an overriding need for the decision. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Adoption, Northern Ireland

Updated: 19 July 2022; Ref: scu.276684

Breslin and Others v McKenna and others: QBNI 15 Feb 2008

Citations:

[2008] NIQB 19

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Breslin and others v McKenna and others QBNI 28-Jan-2005
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See Also – Breslin and others v Mckenna and others QBNI 14-Feb-2005
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See Also – Breslin and others v McKenna and others QBNI 28-Jun-2005
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See Also – Breslin and others v McKenna and others CANI 15-Mar-2007
. .
Cited – Breslin and others v McKenna and others QBNI 18-Jan-2008
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 14 July 2022; Ref: scu.266916

Breslin and others v McKenna and others: QBNI 18 Jan 2008

Citations:

[2008] NIQB 5

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Breslin and others v McKenna and others QBNI 28-Jan-2005
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See Also – Breslin and others v Mckenna and others QBNI 14-Feb-2005
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See Also – Breslin and others v McKenna and others QBNI 28-Jun-2005
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See Also – Breslin and others v McKenna and others CANI 15-Mar-2007
. .

Cited by:

Cited – Breslin and Others v McKenna and others QBNI 15-Feb-2008
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 13 July 2022; Ref: scu.264065

McClurg and others v Royal Ulster Constabulary – 84: QBNI 3 Jul 2007

Citations:

[2007] NIQB 84

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261738

Mcclurg and others v Royal Ulster Constabulary – 81: QBNI 3 Jul 2007

Citations:

[2007] NIQB 81

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
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Cited by:

See Also – Mcclurg and others v Royal Ulster Constabulary – 82 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 83 QBNI 3-Jul-2007
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See Also – McClurg and others v Royal Ulster Constabulary – 84 QBNI 3-Jul-2007
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See Also – McClurg and others v Royal Ulster Constabulary – 85 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 86 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261735

McClurg and others v Royal Ulster Constabulary – 85: QBNI 3 Jul 2007

Citations:

[2007] NIQB 85

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261739

Mcclurg and others v Royal Ulster Constabulary – 77: QBNI 3 Jul 2007

Citations:

[2007] NIQB 77

Links:

Bailii

Cited by:

See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 82 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 83 QBNI 3-Jul-2007
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See Also – McClurg and others v Royal Ulster Constabulary – 84 QBNI 3-Jul-2007
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See Also – McClurg and others v Royal Ulster Constabulary – 85 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 86 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261731

Mcclurg and others v Royal Ulster Constabulary – 78: QBNI 3 Jul 2007

Citations:

[2007] NIQB 78

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .

Cited by:

See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 82 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 83 QBNI 3-Jul-2007
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See Also – McClurg and others v Royal Ulster Constabulary – 84 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 85 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 86 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261732

Mcclurg and others v Royal Ulster Constabulary – 83: QBNI 3 Jul 2007

Citations:

[2007] NIQB 83

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
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See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261737

Mcclurg and others v Royal Ulster Constabulary – 80: QBNI 3 Jul 2007

Citations:

[2007] NIQB 80

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .

Cited by:

See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 82 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 83 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 84 QBNI 3-Jul-2007
. .
See Also – McClurg and others v Royal Ulster Constabulary – 85 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 86 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261734

Mcclurg and others v Royal Ulster Constabulary – 82: QBNI 3 Jul 2007

Citations:

[2007] NIQB 82

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261736

Mcclurg and others v Royal Ulster Constabulary – 86: QBNI 3 Jul 2007

Citations:

[2007] NIQB 86

Links:

Bailii

Citing:

See Also – Mcclurg and others v Royal Ulster Constabulary – 77 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 78 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 79 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 80 QBNI 3-Jul-2007
. .
See Also – Mcclurg and others v Royal Ulster Constabulary – 81 QBNI 3-Jul-2007
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 12 July 2022; Ref: scu.261740

Gault v The United Kingdom: ECHR 20 Nov 2007

The claimant said that the system for withholding bail in criminal proceedings in Northern Ireland had infringed her human rights. She was accused of murder, had been convicted but that conviction had been overturned and she was awaiting a second trial. She was the mother of triplets aged 6, and the prosecution did not object to bail.
Held: The claim succeeded. There was insufficient clarity as to the reasons for withholding bail. The nearness of a forthcoming trial was not a relevant consideration, and nor in the light of the prosecution’s attitude was it proper to conclude that she might flee.

Citations:

1271/05, [2007] ECHR 952, Times 28-Nov-2007, [2010] ECHR 986

Links:

Bailii, Bailii

Statutes:

European Convention on Human Rights 5

Jurisdiction:

Human Rights

Human Rights, Criminal Practice, Northern Ireland

Updated: 12 July 2022; Ref: scu.261415

DB, Re Judicial Review: CANI 1 Jul 2014

A complaint was made that the police had failed properly to understand and implement their duties in managing partisan marches in Northern Ireland.
Held: the 1998 Act had not been undermined by the decisions and actions of the police in relation to the parades. The steps taken by the police to protect the article 8 rights of the appellant and other residents of Short Strand were proportionate.
The incomplete enactment of the North report created a particular difficulty for the police:
‘The North Report recognised that under its proposals there would still remain that cohort of parades that were last minute or unforeseen. It considered that in those circumstances the parades should be controlled by police using their public order powers. The problem for police, which the circumstances in this case demonstrate, is that the partial implementation of the North Report has left a larger cohort of parades outside the Parades Commission’s jurisdiction. In particular, the PSNI have to deal with unnotified parades using their available public order powers including the right of arrest in respect of the organisation or participation in such parades and the prevention of such unlawful parades in accordance with the duty under section 32 of the 2000 Act to prevent crime.’

Judges:

Morgan LCJ, Girvan LJ and Weir J

Citations:

[2014] NICA 56

Links:

Bailii

Statutes:

The Public Processions (Northern Ireland) Act 1998

Jurisdiction:

Northern Ireland

Citing:

Appeal from – DB, Re Judicial Review QBNI 28-Apr-2014
The court granted the respondent’s application for judicial review of the policing by PSNI of certain parades which had not been notified in accordance with the requirements of the Public Processions (Northern Ireland) Act 1998, finding that the . .

Cited by:

Appeal from – DB v Chief Constable of Police Service of Northern Ireland SC 1-Feb-2017
The appellant said that the police Service of Northern Ireland had failed properly to police the ‘flags protest’ in 2012 and 2013. The issue was not as to the care and effort taken, but an alleged misunderstanding of their powers.
Held: Treacy . .
Lists of cited by and citing cases may be incomplete.

Police, Human Rights

Updated: 10 July 2022; Ref: scu.537092

Breslin and others v McKenna and others: CANI 15 Mar 2007

Citations:

[2007] NICA 14

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

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

Cited by:

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: 10 July 2022; Ref: scu.251200

(Un-named) Incapacity Benefit: NISSCS 18 Feb 1998

Application by the claimant for leave to appeal against the decision of a Social Security Appeal Tribunal which held that claimant was not entitled to incapacity benefit from and including 10 June 1996 as he only scored 12 points in the All Work Test.

Citations:

[1998] NISSCSC C15/98(IB)

Links:

Bailii

Northern Ireland, Benefits

Updated: 06 July 2022; Ref: scu.240718