Citations:
[2002] NICA 7
Links:
Jurisdiction:
Northern Ireland
Northern Ireland
Updated: 08 June 2022; Ref: scu.189647
[2002] NICA 7
Northern Ireland
Updated: 08 June 2022; Ref: scu.189647
[2003] NIQB 57
Northern Ireland
Updated: 08 June 2022; Ref: scu.187874
[2003] NIQB 51
Northern Ireland
Updated: 07 June 2022; Ref: scu.184678
[2003] NIQB 52
Northern Ireland
Updated: 07 June 2022; Ref: scu.184679
[2003] NIQB 47
Northern Ireland
Updated: 07 June 2022; Ref: scu.184677
[2003] NIQB 28
Northern Ireland
Updated: 07 June 2022; Ref: scu.184111
Application by a sentenced prisoner, for a declaration that the search of his cell by prison officers and in particular the examination of legal correspondence when he was not present was unlawful.
[2003] NIQB 23
See Also – Murdock, Re an Application for Judicial Review NIQB 24 QBNI 31-Mar-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.184108
[2003] NIQB 34
Northern Ireland
Appeal – Peart, Re an Application for Judicial Review CANI 30-Jun-2003
. .
Appeal from – Peart, Re an Application for Judicial Review CANI 30-Jun-2003
. .
Lists of cited by and citing cases may be incomplete.
Updated: 07 June 2022; Ref: scu.184120
[2003] NICh 3
Northern Ireland
Updated: 07 June 2022; Ref: scu.184103
The applicant is the father of a man called Billy Wright who was murdered on 27 December 1997 while an inmate of Her Majesty’s Prison, the Maze, Lisburn, County Antrim. By this application Mr Wright seeks judicial review of the decision of the Chief Constable of the Police Service of Northern Ireland refusing to disclose the file of the police investigation into the murder of his son.
Kerr J
[2003] NIQB 17
Northern Ireland
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.
Updated: 07 June 2022; Ref: scu.180293
[2007] NIQB 56
Northern Ireland
Updated: 05 June 2022; Ref: scu.261730
[2001] NIEHC 32
Northern Ireland
Updated: 04 June 2022; Ref: scu.166431
[2001] NIEHC 39
Northern Ireland
Updated: 04 June 2022; Ref: scu.166438
[2001] NIEHC 14
Northern Ireland
Updated: 04 June 2022; Ref: scu.166413
[2001] NIEHC 38
Northern Ireland
Updated: 04 June 2022; Ref: scu.166437
[1999] NIEHC 3; [1999] NI 106
Updated: 04 June 2022; Ref: scu.166325
[1998] NIEHC 3; [1999] NI 28
Northern Ireland
Updated: 04 June 2022; Ref: scu.166318
‘This ruling determines an application by the Defendant that I should recuse myself as trial judge. The application is based on my knowledge of the following information relating to the history of this prosecution:
(a) The earlier judgment of the Court of Appeal[1]
(b) A subsequent retrial of the Defendant, which was aborted and had no outcome in consequence.’
Mccloskey J
[2010] NICC 39
Northern Ireland
Updated: 04 June 2022; Ref: scu.430626
[2007] NICC 37
Northern Ireland
Updated: 04 June 2022; Ref: scu.261688
[2010] NICC 45
Northern Ireland
Updated: 04 June 2022; Ref: scu.430632
An application by the Defendant for an order staying his trial on the ground that it constitutes an abuse of the process of the court.
[2010] NICC 44
Northern Ireland
Updated: 04 June 2022; Ref: scu.430629
[2001] NIECA 2
Northern Ireland
Updated: 04 June 2022; Ref: scu.166287
Application for leave to appeal against sentence
Nicholson LJ
[2000] NIECA 3
England and Wales
Updated: 04 June 2022; Ref: scu.162951
[2006] NIQB 90
Northern Ireland
Updated: 02 June 2022; Ref: scu.249218
[2006] NICC 27
Northern Ireland
Updated: 31 May 2022; Ref: scu.249419
[2010] NIQB 13
Northern Ireland
Updated: 29 May 2022; Ref: scu.403408
[2015] NIFam 6
Northern Ireland
Updated: 29 May 2022; Ref: scu.567186
[2007] NICA 30
Northern Ireland
Updated: 28 May 2022; Ref: scu.261662
[2006] NICA 34
Northern Ireland
Updated: 28 May 2022; Ref: scu.244021
[2002] NICA 45
Northern Ireland
Updated: 28 May 2022; Ref: scu.180218
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.
[2011] ECHR 22
European Convention on Human Rights
Human Rights
See Also – McKeown v The United Kingdom ECHR 1-Apr-2008
. .
Lists of cited by and citing cases may be incomplete.
Updated: 23 May 2022; Ref: scu.443850
The Army’s powers of arrest in Northern Ireland, did not breach the European Convention on Human Rights.
Ryssdal, President
Times 01-Nov-1994, 14310/88, [1994] ECHR 39, (1994) 19 EHRR 193
European Convention on Human Rights
Human Rights
Cited – A 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 . .
Cited – Secretary 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.
Updated: 22 May 2022; Ref: scu.165336
[2008] NIQB 111
Northern Ireland
Updated: 20 May 2022; Ref: scu.277808
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.
Lord Keith of Kinkel, Lord Browne-Wilkinson, Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Nicholls of Birkenhead
Gazette 22-Feb-1995, Independent 01-Feb-1995, Times 25-Jan-1995, [1995] UKHL 1, [1995] 1 All ER 334, [1995] 1 AC 482
Criminal Law Act (Northern Ireland) 1967
Northern Ireland
Mentioned – Rex 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. . .
Cited – The 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 – . .
Cited – Regina 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 . .
Cited – Palmer 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.
Updated: 19 May 2022; Ref: scu.86397
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.
Times 02-May-1996, [1996] 2 BCLC 144
Cited – Dolphin 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.
Updated: 17 May 2022; Ref: scu.77787
The Common law recognised a right to collect shellfish from the foreshore or tidal waters, but a right to take lugworms is ancillary to the activity of fishing only.
Times 19-Dec-1997
Updated: 17 May 2022; Ref: scu.77633
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.’
Kerr LCJ, Nicholson and Campbell LJJ
[2004] NICA 32
Northern Ireland
Cited – JR17 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.
Updated: 15 May 2022; Ref: scu.417818
[2016] NICom 29
Northern Ireland
Updated: 15 May 2022; Ref: scu.565066
[1970] NI 68
Northern Ireland
Cited – Hughes 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.
Updated: 06 May 2022; Ref: scu.183487
[2013] NICA 69
Northern Ireland
Updated: 02 May 2022; Ref: scu.521278
[2017] NICA 77
Northern Ireland
Updated: 24 April 2022; Ref: scu.618452
Adjournment of mortgage possession proceedings
Morgan LCJ and Stephens LJ
[2017] NICA 60
Northern Ireland
Updated: 24 April 2022; Ref: scu.618453
[2018] NICA 7
Northern Ireland
Updated: 24 April 2022; Ref: scu.618445
[2018] NICA 12
Northern Ireland
Updated: 24 April 2022; Ref: scu.618447
[2018] NICA 16
Northern Ireland
Updated: 24 April 2022; Ref: scu.618443
[2018] NICA 14
Northern Ireland
Updated: 24 April 2022; Ref: scu.618448
[2018] NICA 11
Northern Ireland
Updated: 24 April 2022; Ref: scu.618446
[2017] NICA 24
Northern Ireland
Updated: 24 April 2022; Ref: scu.618451
[2018] NICA 5
Northern Ireland
Updated: 24 April 2022; Ref: scu.618441
[2018] NICA 15
Northern Ireland
Updated: 24 April 2022; Ref: scu.618449
[2018] NICA 17
Northern Ireland
Updated: 24 April 2022; Ref: scu.618450
[2018] NICA 13
Northern Ireland
Updated: 24 April 2022; Ref: scu.618444
[2014] NICA 4
Northern Ireland
Updated: 17 April 2022; Ref: scu.521270
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.
Times 11-May-2001
Updated: 10 April 2022; Ref: scu.88484
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.’
Times 27-Aug-1997, 1997 NILR 309, [1997] NI QBD 309
Contempt of Court Act 1981 4(2)
Appeal from – Belfast Telegraph Newspapers Ltd, In the Matter of CANI 3-Apr-2001
. .
Cited – Harper 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.
Updated: 09 April 2022; Ref: scu.87436
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.
[2001] NICh 2
Northern Ireland
Updated: 06 April 2022; Ref: scu.202027
[2017] NICA 58
Northern Ireland
Updated: 05 April 2022; Ref: scu.605131
[2017] NICA 69
Northern Ireland
Updated: 05 April 2022; Ref: scu.605134
[2017] NICA 62
Northern Ireland
Updated: 05 April 2022; Ref: scu.605133
[2017] NICA 72
Northern Ireland
Updated: 05 April 2022; Ref: scu.605140
[2017] NICA 68
Northern Ireland
Updated: 05 April 2022; Ref: scu.605135
[2017] NICA 17
Northern Ireland
Updated: 05 April 2022; Ref: scu.605141
[2016] NICA 35
Northern Ireland
Updated: 05 April 2022; Ref: scu.605144
[2017] NICA 70
Northern Ireland
Updated: 05 April 2022; Ref: scu.605132
[2017] NICA 61
Northern Ireland
Updated: 05 April 2022; Ref: scu.605129
[2016] NICA 18
Northern Ireland
Updated: 05 April 2022; Ref: scu.605142
[2016] NICA 23
Northern Ireland
Updated: 05 April 2022; Ref: scu.605143
[2017] NICA 57
Northern Ireland
Updated: 05 April 2022; Ref: scu.605127
[2017] NICA 66
Northern Ireland
Updated: 05 April 2022; Ref: scu.605137
[2017] NICA 64
Northern Ireland
Updated: 05 April 2022; Ref: scu.605130
[2017] NICA 67
Northern Ireland
Updated: 05 April 2022; Ref: scu.605136
[2016] NICA 45
Northern Ireland
Updated: 05 April 2022; Ref: scu.605148
[2017] NICA 49
Northern Ireland
Updated: 05 April 2022; Ref: scu.605128
[2017] NICA 75
Northern Ireland
Updated: 05 April 2022; Ref: scu.605138
[2016] NICA 41
Northern Ireland
Updated: 05 April 2022; Ref: scu.605147
[2017] NICA 41
Northern Ireland
Updated: 05 April 2022; Ref: scu.605109
[2017] NICA 50
Northern Ireland
Updated: 05 April 2022; Ref: scu.605120
[2017] NICA 32
Northern Ireland
Updated: 05 April 2022; Ref: scu.605116
[2017] NICA 54
Northern Ireland
Updated: 05 April 2022; Ref: scu.605124
[2017] NICA 56
Northern Ireland
Updated: 05 April 2022; Ref: scu.605125
[2017] NICA 36
Northern Ireland
Updated: 05 April 2022; Ref: scu.605118
[2017] NICA 31
Northern Ireland
Updated: 05 April 2022; Ref: scu.605112
[2017] NICA 45
Northern Ireland
Updated: 05 April 2022; Ref: scu.605119
[2017] NICA 52
Northern Ireland
Updated: 05 April 2022; Ref: scu.605126
[2017] NICA 34
Northern Ireland
Updated: 05 April 2022; Ref: scu.605117
[2017] NICA 39
Northern Ireland
Updated: 05 April 2022; Ref: scu.605107
[2017] NICA 27
Northern Ireland
Updated: 05 April 2022; Ref: scu.605106
[2017] NICA 35
Northern Ireland
Updated: 05 April 2022; Ref: scu.605115
[2017] NICA 43
Northern Ireland
Updated: 05 April 2022; Ref: scu.605114
[2017] NICA 33
Northern Ireland
Updated: 05 April 2022; Ref: scu.605111
[2017] NICA 51
Northern Ireland
Updated: 05 April 2022; Ref: scu.605121
[2017] NICA 55
Northern Ireland
Updated: 05 April 2022; Ref: scu.605122
[2017] NICA 44
Northern Ireland
Updated: 05 April 2022; Ref: scu.605110
[2017] NICA 38
Northern Ireland
Updated: 05 April 2022; Ref: scu.605113
[2017] NICA 47
Northern Ireland
Updated: 05 April 2022; Ref: scu.605123