McCabe, Application for Judicial Review [2025] NIKB 46 (27 June 2025)

No evidence of actual or unreasonable delay caused by the impugned decision; applicant lacks standing as there is no Article 6 violation or real risk; resource allocation is not justiciable; judicial review is inappropriate where alternative remedies exist.

Citation: [2025] NIKB 46
Parties: Applicant: Desmond McCabe; First Proposed Respondent: Chief Constable of the Police Service of Northern Ireland; Second Proposed Respondent: Department of Justice
Jurisdiction: Northern Ireland
Judgment Date: 27 June 2025
Procedural Posture: Judicial Review / Application for Leave to Apply for Judicial Review
Outcome: Application for leave to apply for judicial review dismissed
Legal Topics: Article 6 ECHR, Reasonable Time for Determination, Standing in Judicial Review, Resource Allocation, Closed Material Proceedings

Human Rights Administrative Law Civil Procedure Article 6 ECHR Reasonable Time for Determination Standing in Judicial Review Resource Allocation Closed Material Proceedings

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Parties

Desmond McCabe

Applicant

Chief Constable of the Police Service of Northern Ireland

First Proposed Respondent

Department of Justice

Second Proposed Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

1 Whether the decision to pause sensitive research breaches Article 6 ECHR rights
2 Whether the decision is irrational for interfering with access to courts
3 Whether the applicant has standing to challenge resource allocation

Ratio Decidendi

Court Disposition

Application for leave to apply for judicial review dismissed