Breslin & Ors v McKenna & Ors [2008] NIQB 98 (16 September 2008)

Breslin & Ors v McKenna & Ors [2008] NIQB 98 (16 September 2008)

The defendants failed to establish that the PSNI's disclosure of evidence to the plaintiffs was unlawful or disproportionate under Article 8 ECHR, nor did they show any unfairness or breach of equality of arms under Article 6 ECHR. The disclosure was likely justified under legal principles and statutory exemptions, and there was no evidential basis for exclusion of the material.

Citation
[2008] NIQB 98
Parties
Plaintiffs: Mark Christopher Breslin and Others; Defendants: Seamus McKenna and Others
Jurisdiction
Northern Ireland
Judgment Date
16 September 2008
Procedural Posture
Civil / Interlocutory Application (evidence Exclusion)
Outcome
Application refused
Legal Topics
Disclosure of Evidence, Article 8 ECHR, Article 6 ECHR, Police Powers, Data Protection Act 1998, Section 32 Police (northern Ireland) Act 2000
Civil Procedure Human Rights Data Protection Disclosure of Evidence Article 8 ECHR Article 6 ECHR Police Powers Data Protection Act 1998 +1 more

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Parties

Mark Christopher Breslin and Others

Plaintiffs

Seamus McKenna and Others

Defendants

Procedural Posture

Civil / Interlocutory Application (evidence Exclusion)

Legal Issues

  1. 1 Whether disclosure of PSNI evidence to plaintiffs was unlawful under Article 8 ECHR
  2. 2 Whether disclosure created unfairness or inequality of arms under Article 6 ECHR
  3. 3 Whether police had power to disclose under Police (Northern Ireland) Act 2000

Ratio Decidendi

The defendants failed to establish that the PSNI's disclosure of evidence to the plaintiffs was unlawful or disproportionate under Article 8 ECHR, nor did they show any unfairness or breach of equality of arms under Article 6 ECHR. The disclosure was likely justified under legal principles and statutory exemptions, and there was no evidential basis for exclusion of the material.

Court Disposition

Application refused

Orders

  • Application to exclude PSNI evidence from trial is refused.