The Secretary of State for Northern Ireland v Fee Re And Inquest into the death of Liam Paul Thompson [2024] NICA 39 (30 April 2024)

The Secretary of State for Northern Ireland v Fee Re And Inquest into the death of Liam Paul Thompson [2024] NICA 39 (30 April 2024)

The coroner acted lawfully, rationally, and within her discretion in ordering disclosure of a partial gist of sensitive material after a comprehensive PII exercise, balancing national security concerns with the public interest in open justice and Article 2 ECHR obligations. No public law error, procedural unfairness, or inadequacy of reasons was established, and the coroner retained power to release the gist despite the statutory deadline.

Citation
[2024] NICA 39
Parties
Applicant/appellant: The Secretary of State for Northern Ireland; Respondent/respondent: Coroner Fee; Interested Party: Chief Constable of the PSNI; Interested Party: Next of Kin of Liam Paul Thompson
Jurisdiction
Northern Ireland
Judgment Date
30 April 2024
Procedural Posture
Judicial Review Appeal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Public Interest Immunity, Disclosure, Coroner's Powers, ECHR Article 2, Neither Confirm Nor Deny Policy, Legacy Inquests
Public Law Coronial Law Human Rights National Security Public Interest Immunity Disclosure Coroner's Powers ECHR Article 2 +2 more

Case Brief

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Parties

The Secretary of State for Northern Ireland

Applicant/appellant

Coroner Fee

Respondent/respondent

Chief Constable of the PSNI

Interested Party

Next of Kin of Liam Paul Thompson

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the coroner acted lawfully in ordering disclosure of a gist of sensitive material after a PII exercise
  2. 2 Whether the coroner breached procedural fairness
  3. 3 Whether the coroner provided adequate reasons

Ratio Decidendi

The coroner acted lawfully, rationally, and within her discretion in ordering disclosure of a partial gist of sensitive material after a comprehensive PII exercise, balancing national security concerns with the public interest in open justice and Article 2 ECHR obligations. No public law error, procedural unfairness, or inadequacy of reasons was established, and the coroner retained power to release the gist despite the statutory deadline.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed on all grounds
  • Parties may take steps before the coroner regarding implementation