Foyle, Carlingford and Irish Lights Commission v McGillion [2002] NICA 3 (11 January 2002)

Foyle, Carlingford and Irish Lights Commission v McGillion [2002] NICA 3 (11 January 2002)

The standard of proof for forfeiture under Section 64 of the Foyle Fisheries Act (Northern Ireland) 1952 is the civil standard of balance of probabilities, and the requirement to serve a copy of the case stated within 14 days under Article 146(9) of the Magistrates' Courts (Northern Ireland) Order 1981 is directory, not mandatory, to ensure compatibility with Article 6(1) ECHR.

Citation
[2002] NICA 3
Parties
Applicant/respondent: Foyle, Carlingford and Irish Lights Commission; Respondent/appellant: Paula McGillion
Jurisdiction
Northern Ireland
Judgment Date
11 January 2002
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Forfeiture Proceedings, Standard of Proof, Interpretation of Statutory Requirements, Right to Appeal, Compatibility With European Convention on Human Rights
Administrative Law Criminal Law Human Rights Law Forfeiture Proceedings Standard of Proof Interpretation of Statutory Requirements Right to Appeal Compatibility With European Convention on Human Rights

Case Brief

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Parties

Foyle, Carlingford and Irish Lights Commission

Applicant/respondent

Paula McGillion

Respondent/appellant

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the standard of proof for forfeiture under Section 64 of the Foyle Fisheries Act (Northern Ireland) 1952 is the balance of probabilities or beyond reasonable doubt
  2. 2 Whether the requirement to serve a copy of the case stated within 14 days under Article 146(9) of the Magistrates' Courts (Northern Ireland) Order 1981 is mandatory or directory in light of Article 6(1) ECHR

Ratio Decidendi

The standard of proof for forfeiture under Section 64 of the Foyle Fisheries Act (Northern Ireland) 1952 is the civil standard of balance of probabilities, and the requirement to serve a copy of the case stated within 14 days under Article 146(9) of the Magistrates' Courts (Northern Ireland) Order 1981 is directory, not mandatory, to ensure compatibility with Article 6(1) ECHR.

Court Disposition

Appeal dismissed

Orders

  • The question posed in the case stated is answered in the affirmative.
  • Time for service of the case stated is extended; appeal allowed to proceed.