Breslin & Ors v Seamus McKenna & Ors [2009] NIQB 19 (27 February 2009)
Statutory prohibitions under RIPA and Security Service Act 1989 preclude disclosure of intercept and related material in civil proceedings unless exceptional circumstances essential to interests of justice are demonstrated, which was not established in this case.
- Citation
- [2009] NIQB 19
- Parties
- Plaintiffs: Mark Christopher Breslin and Others; Defendants: Seamus McKenna and Others
- Jurisdiction
- Northern Ireland
- Judgment Date
- 27 February 2009
- Procedural Posture
- Personal Injury Action / Application for Third Party Disclosure
- Outcome
- application dismissed
- Legal Topics
- Disclosure of Intercept Material, Exceptional Circumstances Under RIPA, Security Service Act 1989, Fair Hearing Under Article 6 ECHR
Case Brief
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Parties
Mark Christopher Breslin and Others
Plaintiffs
Seamus McKenna and Others
Defendants
Procedural Posture
Personal Injury Action / Application for Third Party Disclosure
Legal Issues
- 1 Whether intercept material held by security agencies must be disclosed in civil proceedings
- 2 Application of Regulation of Investigatory Powers Act 2000 (RIPA) sections 17 and 18
- 3 Application of Security Service Act 1989 to non-intercept material
Ratio Decidendi
Statutory prohibitions under RIPA and Security Service Act 1989 preclude disclosure of intercept and related material in civil proceedings unless exceptional circumstances essential to interests of justice are demonstrated, which was not established in this case.
Court Disposition
application dismissed
Orders
- summons dismissed
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