Belkovic v Toal [2016] NIQB 48 (20 May 2016)

Belkovic v Toal [2016] NIQB 48 (20 May 2016)

There is no legal obligation for the State to provide a court-funded interpreter in civil proceedings where the plaintiff can afford one; proceedings must be conducted in English; the plaintiff may engage his own interpreter but not his brother, who is unsuitable due to prior conduct; all court communications must be in English.

Citation
[2016] NIQB 48
Parties
Plaintiff/appellant: Marek Belkovic; Defendant/respondent: Dr Toal and BHSCT
Jurisdiction
Northern Ireland
Judgment Date
20 May 2016
Procedural Posture
Civil Appeal / Appeal From County Court to High Court Regarding Procedural Applications
Outcome
appeal dismissed; applications refused; appeals stayed
Legal Topics
Right to Interpreter, Court Language Requirements, Mc Kenzie Friend, Access to Justice
Civil Procedure Discrimination Law Right to Interpreter Court Language Requirements Mc Kenzie Friend Access to Justice

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Parties

Marek Belkovic

Plaintiff/appellant

Dr Toal and BHSCT

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to High Court Regarding Procedural Applications

Legal Issues

  1. 1 Whether the plaintiff should be provided with a court-funded interpreter in civil proceedings
  2. 2 Whether the plaintiff can correspond with the court in Slovak
  3. 3 Whether the court should correspond with the plaintiff in Slovak

Ratio Decidendi

There is no legal obligation for the State to provide a court-funded interpreter in civil proceedings where the plaintiff can afford one; proceedings must be conducted in English; the plaintiff may engage his own interpreter but not his brother, who is unsuitable due to prior conduct; all court communications must be in English.

Court Disposition

appeal dismissed; applications refused; appeals stayed

Orders

  • No court-funded interpreter for plaintiff; plaintiff may engage own interpreter (not his brother)
  • Plaintiff must correspond with court in English; court will correspond in English