A & Ors, Re Application for Judicial Review [2006] NIQB 80 (22 November 2006)

The applicants have disclosed an arguable case with a reasonable prospect of success regarding the procedural fairness of the panel's decision and the adequacy of consideration given to their Article 2 and 8 rights; leave to apply for judicial review is granted.

Citation: [2006] NIQB 80
Parties: Applicants: Witnesses A, B, C, K and N; Respondent: Billy Wright Inquiry Panel
Jurisdiction: Northern Ireland
Judgment Date: 22 November 2006
Procedural Posture: Judicial Review / Application for Leave
Outcome: leave granted
Legal Topics: Anonymity of Witnesses, Screening of Witnesses, Procedural Fairness, Article 2 ECHR, Article 8 ECHR, Public Inquiry Procedures

Public Law Human Rights Anonymity of Witnesses Screening of Witnesses Procedural Fairness Article 2 ECHR Article 8 ECHR Public Inquiry Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Witnesses A, B, C, K and N

Applicants

Billy Wright Inquiry Panel

Respondent

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

1 Whether the inquiry panel's refusal of anonymity and screening was procedurally unfair
2 Whether the panel failed to consider Article 2 and Article 8 ECHR rights adequately
3 Whether the panel erred by not seeking individualised risk assessments from PSNI

Ratio Decidendi

Court Disposition

leave granted

Orders

Leave to apply for judicial review is granted on all pleaded grounds, including the additional ground regarding the 'real risk' test.