McDade, Re Application for Judicial Review [2022] NIKB 14 (21 October 2022)

McDade, Re Application for Judicial Review [2022] NIKB 14 (21 October 2022)

An applicant refused an ex parte non-molestation order by a district judge may appeal to the county court under Article 39 of the 1998 Order without giving notice to the respondent, as rule 10A of the 1996 Rules dis-applies the usual notice requirements and Article 144 of the 1981 Order does not apply.

Citation
[2022] NIKB 14
Parties
Applicant: Ashleigh McDade; First Respondent: District Judge (Magistrates’ Court) Meehan; Second Respondent: Department of Justice
Jurisdiction
Northern Ireland
Judgment Date
21 October 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Non Molestation Orders, Ex Parte Applications, Appeals Procedure, Alternative Remedies
Family Law Civil Procedure Judicial Review Non Molestation Orders Ex Parte Applications Appeals Procedure Alternative Remedies

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Parties

Ashleigh McDade

Applicant

District Judge (Magistrates’ Court) Meehan

First Respondent

Department of Justice

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether an unsuccessful applicant for an ex parte non-molestation order can appeal refusal without giving notice to the respondent
  2. 2 Whether Article 144 of the Magistrates Courts’ (Northern Ireland) Order 1981 requires notice of appeal in such cases
  3. 3 Whether the statutory regime and court rules permit ex parte appeals

Ratio Decidendi

An applicant refused an ex parte non-molestation order by a district judge may appeal to the county court under Article 39 of the 1998 Order without giving notice to the respondent, as rule 10A of the 1996 Rules dis-applies the usual notice requirements and Article 144 of the 1981 Order does not apply.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed
  • Parties to be heard on costs