Tag: Northern Ireland

Breslin and others v McKenna and others: QBNI 28 Jun 2005

Citations:

[2005] NIQB 53

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
. .

Cited by:

See Also – Breslin and others v McKenna and others CANI 15-Mar-2007
. .
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: 01 July 2022; Ref: scu.228254

Breslin and others v McKenna and others: QBNI 28 Jan 2005

Citations:

[2005] NIQB 18

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

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
. .
See Also – Breslin and others v McKenna and others CANI 15-Mar-2007
. .
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: 30 June 2022; Ref: scu.224583

Magee, Re Application for Statutory Review: QBNI 16 Sep 2004

Judicial review – Criminal Justice Act 1988 – Claim for compensation for miscarriage of justice – claim is alternative under ex parte scheme – whether applicant victim of miscarriage – whether decision of Secretary of State flawed.

Citations:

[2004] NIQB 57

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Regina v Kansal (2) HL 29-Nov-2001
The prosecutor had lead and relied at trial on evidence obtained by compulsory questioning under the 1986 Act.
Held: In doing so the prosecutor was acting to give effect to section 433.
The decision in Lambert to disallow retrospective . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 21 June 2022; Ref: scu.216027

O’Sullivan, Re Application for Judicial Review: QBNI 4 May 2001

Citations:

[2001] NIQB 16

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Kaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 13 June 2022; Ref: scu.202145

Foster, Re Application for Judicial Review: QBNI 9 Jan 2004

Citations:

[2004] NIQB 1

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Cited – Kaplan v United Kingdom ECHR 14-Dec-1978
(Admissibility) The Secretary of State had, after preliminary procedures, served notices on an insurance company disallowing it from writing any new business, because its managing director the applicant, had been found not to be a fit and proper . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 09 June 2022; Ref: scu.192355

Moorhead v Moorhead: ChNI 11 Jan 2002

The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, whether or not that provision is required for his or her maintenance’.
Held: ‘The comparison between divorce provision and inheritance provision is necessarily inexact as the former involves fairness for both husband and wife while the latter may admit of greater flexibility as it involves the same property being available to make reasonable provision for only one spouse.’

Citations:

[2002] NICh 1

Links:

Bailii

Statutes:

Inheritance (Provision for Family and Dependents) (Northern Ireland) Order 1979

Jurisdiction:

Northern Ireland

Citing:

Cited – Re Besterman, decd CA 1984
In the case of an application under the Act by a surviving spouse, maintenance is not the only, or even the dominant, consideration to be taken into account by the court. ‘In an application under section 25 of the Matrimonial Causes Act 1973 the . .
Cited – Cowan v Cowan CA 14-May-2001
When considering the division of matrimonial assets following a divorce, the court’s duty was, within the context of the rules set down by the Act, to impose a fair settlement according to the circumstances. Courts should be careful not to make . .
Cited – Moody v Stevenson CA 12-Jul-1991
The widower aged 81, appealed against refusal of provision under the 1975 Act from his wife’s estate. She had left him nothing. The judge at first instance had found, applying Styler, that her treatment was not unreasonable, and that therefore no . .
Cited – Elizabeth Adams v Julian James Lewis (Administrator of the Estate of Frank Adams dec) ChD 26-Jan-2001
The widow’s claim under the Act was contested by three daughters where the widow received a specific legacy and the will gave trustees a power to apply any part of the residue during the lifetime of the widow to provide and maintain a suitable . .
Cited – White v White HL 26-Oct-2000
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage.
Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary . .
Cited – Krubert, Re; Krubert v Davis and Others CA 27-Jun-1996
The beneficiaries under the will appealed against an order under the 1975 Act, effectively transferring the entire estate to the surviving spouse.
Held: The effect of sections 1, 2 and the other material provisions of the 1975 Act is that on . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland, Wills and Probate

Updated: 08 June 2022; Ref: scu.189690

Robinson v Chief Constable of the Police Service of Northern Ireland: CANI 25 Nov 2003

Citations:

[2003] NICA 46(3)

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Robinson v Chief Constable of the Police Service of Northern Ireland CANI 28-Nov-2003
. .
See Also – Robinson v Secretary of State for Northern Ireland and Others HL 25-Jul-2002
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 . .

Cited by:

See Also – Robinson v Chief Constable of the Police Service of Northern Ireland CANI 28-Nov-2003
. .
See Also – Robinson v Chief Constable of the Police Service of Northern Ireland CANI 28-Nov-2003
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 08 June 2022; Ref: scu.189683

McFarland, Re Application for Judicial Review: CANI 28 Jun 2002

Judges:

Carswell LCJ, Campbell LJ and Weatherup J

Citations:

[2002] NICA 28, [2002] NI 337

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

Appeal from – Mcfarland, Re Application for Judicial Review QBNI 2002
The claimant sought compensation for his imprisonment after his conviction had been overturned. . .

Cited by:

Appeal from – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Appealed to – Mcfarland, Re Application for Judicial Review QBNI 2002
The claimant sought compensation for his imprisonment after his conviction had been overturned. . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 08 June 2022; Ref: scu.189673

Donaghy, Re Application for Judicial Review 25(2): CANI 8 May 2002

Citations:

[2002] NICA 25(2)

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Donaghy, Re Application for Judicial Review 25(1) CANI 8-May-2002
. .

Cited by:

See Also – Donaghy, Re Application for Judicial Review 25(3) CANI 8-May-2002
. .
Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 08 June 2022; Ref: scu.189668

Donaghy, Re Application for Judicial Review 25(1): CANI 8 May 2002

Citations:

[2002] NICA 25(1)

Links:

Bailii

Jurisdiction:

Northern Ireland

Cited by:

See Also – Donaghy, Re Application for Judicial Review 25(2) CANI 8-May-2002
. .
Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
See Also – Donaghy, Re Application for Judicial Review 25(3) CANI 8-May-2002
. .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 08 June 2022; Ref: scu.189667

Donaghy, Re Application for Judicial Review 25(3): CANI 8 May 2002

Citations:

[2002] NICA 25(3)

Links:

Bailii

Jurisdiction:

Northern Ireland

Citing:

See Also – Donaghy, Re Application for Judicial Review 25(1) CANI 8-May-2002
. .
See Also – Donaghy, Re Application for Judicial Review 25(2) CANI 8-May-2002
. .

Cited by:

Cited – In re Officer L HL 31-Jul-2007
Police officers appealed against refusal of orders protecting their anonymity when called to appear before the Robert Hamill Inquiry.
Held: ‘The tribunal accordingly approached the matter properly under article 2 in seeking to ascertain . .
Lists of cited by and citing cases may be incomplete.

Northern Ireland

Updated: 08 June 2022; Ref: scu.189669