McLean & Ors v Kirkpatrick & Ors [2002] NICA 37 (06 September 2002)

McLean & Ors v Kirkpatrick & Ors [2002] NICA 37 (06 September 2002)

The requirements for objectors to serve notice under Schedule 2 are mandatory and not subject to the court's dispensing power under Article 12(5), which applies only to applicants. Failure to comply bars the objector from being heard, and this does not breach Article 6(1) ECHR.

Citation
[2002] NICA 37
Parties
Applicant/respondent: Samuel A McLean; Applicant/respondent: Vincent Paul McLean; Applicant/respondent: Wilma McLean; Applicant/respondent: Samuel J McLean; Applicant/respondent: Catherine A Neeson; Objector/appellant: Agnes Kirkpatrick; Objector/appellant: Owen Joseph O'Callaghan; Objector/appellant: Patrick Gerard Hannon; Objector/appellant: SP Graham Limited
Jurisdiction
Northern Ireland
Judgment Date
06 September 2002
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Bookmaking Office Licence, Procedural Compliance, Objections to Licence Applications, Interpretation of Statutory Dispensing Powers
Licensing Law Administrative Law Bookmaking Office Licence Procedural Compliance Objections to Licence Applications Interpretation of Statutory Dispensing Powers

Case Brief

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Parties

Samuel A McLean

Applicant/respondent

Vincent Paul McLean

Applicant/respondent

Wilma McLean

Applicant/respondent

Samuel J McLean

Applicant/respondent

Catherine A Neeson

Applicant/respondent

Agnes Kirkpatrick

Objector/appellant

Owen Joseph O'Callaghan

Objector/appellant

Patrick Gerard Hannon

Objector/appellant

SP Graham Limited

Objector/appellant

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Judgment

Legal Issues

  1. 1 Whether objectors who failed to comply with procedural requirements can rely on Article 12(5) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 to have their objections heard
  2. 2 Whether the requirements for objectors in Schedule 2 are mandatory or directory
  3. 3 Whether exclusion of late objections breaches Article 6(1) ECHR

Ratio Decidendi

The requirements for objectors to serve notice under Schedule 2 are mandatory and not subject to the court's dispensing power under Article 12(5), which applies only to applicants. Failure to comply bars the objector from being heard, and this does not breach Article 6(1) ECHR.

Court Disposition

Appeal dismissed

Orders

  • First question in the case stated answered in the affirmative: objectors not entitled to rely on Article 12(5) for non-compliance with Schedule 2.
  • Second question not answered as it does not arise.