Doherty, Re Judicial Review [2014] NIQB 30 (13 March 2014)

Doherty, Re Judicial Review [2014] NIQB 30 (13 March 2014)

The applicant's removal as plaintiff did not remove his rights as landlord; the District Judge acted within his powers to amend rather than dismiss the proceedings; no arguable ground for leave to apply for judicial review was established.

Citation
[2014] NIQB 30
Parties
Applicant: John Doherty; Respondent: District Judge Gilpin
Jurisdiction
Northern Ireland
Judgment Date
13 March 2014
Procedural Posture
Judicial Review / Application for Leave
Outcome
application dismissed
Legal Topics
Ejectment Proceedings, Receiver Appointment, Amendment of Proceedings, Landlord Rights, Procedural Impropriety, Legitimate Expectation, Article 6 ECHR
Civil Procedure Property Law Ejectment Proceedings Receiver Appointment Amendment of Proceedings Landlord Rights Procedural Impropriety Legitimate Expectation +1 more

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Parties

John Doherty

Applicant

District Judge Gilpin

Respondent

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether the District Judge erred in refusing to dismiss ejectment proceedings where the applicant was named as plaintiff without his consent
  2. 2 Whether removal of the applicant as plaintiff amounted to denial of landlord rights
  3. 3 Whether procedural impropriety, breach of legitimate expectation, or breach of Article 6 ECHR occurred

Ratio Decidendi

The applicant's removal as plaintiff did not remove his rights as landlord; the District Judge acted within his powers to amend rather than dismiss the proceedings; no arguable ground for leave to apply for judicial review was established.

Court Disposition

application dismissed

Orders

  • Leave to apply for judicial review refused