Breslin & Ors v McKenna & Ors [2008] NIQB 51 (8 May 2008)

Breslin & Ors v McKenna & Ors [2008] NIQB 51 (8 May 2008)

Disclosure by the Security Service in civil proceedings is prohibited by section 2(2)(a) of the Security Service Act 1989, which only allows disclosure for criminal proceedings, and no case has been made that nondisclosure will render the trial unfair.

Citation
[2008] NIQB 51
Parties
Plaintiffs: Mark Christopher Breslin and Others; Defendants: Seamus McKenna and Others; Third Named Defendant: John Michael Henry McKevitt; Third Party: Security Service
Jurisdiction
Northern Ireland
Judgment Date
08 May 2008
Procedural Posture
Personal Injury Action / Interlocutory Application for Third Party Disclosure
Outcome
application dismissed
Legal Topics
Third Party Disclosure, Fair Trial Rights, Security Service Act 1989, Hearsay Evidence
Civil Procedure National Security Human Rights Third Party Disclosure Fair Trial Rights Security Service Act 1989 Hearsay Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mark Christopher Breslin and Others

Plaintiffs

Seamus McKenna and Others

Defendants

John Michael Henry McKevitt

Third Named Defendant

Security Service

Third Party

Procedural Posture

Personal Injury Action / Interlocutory Application for Third Party Disclosure

Legal Issues

  1. 1 Whether the Security Service can be compelled to disclose documents in a civil action under section 32 of the Administration of Justice Act 1970
  2. 2 Whether section 2(2)(a) of the Security Service Act 1989 prohibits such disclosure except in criminal proceedings
  3. 3 Whether nondisclosure impairs the third defendant's fair trial rights

Ratio Decidendi

Disclosure by the Security Service in civil proceedings is prohibited by section 2(2)(a) of the Security Service Act 1989, which only allows disclosure for criminal proceedings, and no case has been made that nondisclosure will render the trial unfair.

Court Disposition

application dismissed

Orders

  • third named defendant's application for disclosure is dismissed