Murphy v Murphy [2018] NICA 15 (18 April 2018)

Murphy v Murphy [2018] NICA 15 (18 April 2018)

The application to compel the judge to state a case was dismissed as frivolous because, even if jurisdiction existed, the request for particulars was academic and would not have been granted on the facts. The Domestic Proceedings Court lacks jurisdiction to order particulars, and the County Court on appeal does not have wider powers. The summary nature of the proceedings precludes such interlocutory steps.

Citation
[2018] NICA 15
Parties
Appellant: Paul Murphy; Respondent: Brian Murphy
Jurisdiction
Northern Ireland
Judgment Date
18 April 2018
Procedural Posture
Application to Compel Judge to State a Case (appellate Family Law) / Court of Appeal Review of Refusal to State a Case
Outcome
Application dismissed
Legal Topics
Non Molestation Orders, Jurisdiction of County Court, Particulars in Appellate Proceedings, Summary Procedure in Domestic Violence Cases
Family Law Civil Procedure Non Molestation Orders Jurisdiction of County Court Particulars in Appellate Proceedings Summary Procedure in Domestic Violence Cases

Case Brief

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Parties

Paul Murphy

Appellant

Brian Murphy

Respondent

Procedural Posture

Application to Compel Judge to State a Case (appellate Family Law) / Court of Appeal Review of Refusal to State a Case

Legal Issues

  1. 1 Whether the County Court has jurisdiction to order particulars in appellate proceedings from the Domestic Proceedings Court under the Family Homes and Domestic Violence (Northern Ireland) Order 1998
  2. 2 Whether the refusal to state a case was correct on the basis that the application was frivolous or academic

Ratio Decidendi

The application to compel the judge to state a case was dismissed as frivolous because, even if jurisdiction existed, the request for particulars was academic and would not have been granted on the facts. The Domestic Proceedings Court lacks jurisdiction to order particulars, and the County Court on appeal does not have wider powers. The summary nature of the proceedings precludes such interlocutory steps.

Court Disposition

Application dismissed

Orders

  • Application to compel judge to state a case dismissed
  • Court will hear parties on costs