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Northern Ireland Case Law

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Public-law [2023] NIKB 109

JR130, Application for Judicial Review (Rev1)

JR130, Application for Judicial Review (Rev1) [2023] NIKB 109 (28 June 2023)

Judicial review over Covid-19 restrictions on outdoor children's sport was dismissed. The court found Article 8 engaged but justified, with no Article 14 or section 75 breach.

  • Covid-19-restrictions
  • Children's-rights
  • Outdoor-sports
  • Article-8-echr
  • Article-14-echr
  • Section-75-northern-ireland-act-1998
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Administrative-law [2023] NIKB 57

TA (A Minor), Application for Judicial Review (Rev1)

TA (A Minor), Application for Judicial Review (Rev1) [2023] NIKB 57 (03 May 2023)

The court dismissed a judicial review over criminal injuries compensation, holding that necessary reports can be funded, but legal representation costs are not generally payable under the Scheme.

  • Criminal-injuries-compensation
  • Legal-aid
  • Disability-discrimination
  • Children's-rights
  • Access-to-justice
  • Judicial-review
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Human-rights-law [2021] NICA 55

AS1, Re Application for Judicial Review

AS1, Re Application for Judicial Review [2021] NICA 55 (12 October 2021)

The Court of Appeal in Northern Ireland dismissed a minor’s judicial review challenge to PSNI video recording during a lawful home search, finding Article 8’s quality-of-law test was met.

  • Article-8-echr-(right-to-respect-for-private-and-family-life)
  • Police-powers—video-recording
  • Quality-of-law-requirement
  • Common-law-police-powers
  • Data-protection
  • Children's-rights
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Human-rights [2021] NICA 17

Mhurchu, Re Application for Judicial Review

Mhurchu, Re Application for Judicial Review [2021] NICA 17 (26 February 2021)

The Court of Appeal in Northern Ireland held the stop-and-search regime under the Justice and Security (NI) Act 2007 was lawful, including as applied to children.

  • Stop-and-search-powers
  • Children's-rights
  • Article-8-echr
  • Article-14-echr
  • Justice-and-security-(ni)-act-2007
  • Code-of-practice
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Human-rights-law [2020] NIQB 29

JKL (A Minor), Re Application for Judicial Review

JKL (A Minor), Re Application for Judicial Review [2020] NIQB 29 (26 March 2020)

The court held that a minor arrested but not charged had Article 14 status, but was not in an analogous position to charged children. The refusal of relief was upheld.

  • Article-8-echr-(right-to-privacy)
  • Article-14-echr-(non-discrimination)
  • Article-6-echr-(fair-trial)
  • Reporting-restrictions
  • Children's-rights
  • Judicial-review
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Public-law [2019] NIQB 75

Murchu v PSNI & Anor

Murchu v PSNI & Anor [2019] NIQB 75 (9 August 2019)

Judicial review of PSNI stop-and-search powers against a minor failed. The court held the Code of Practice and policy guidance gave sufficient safeguards under Article 8.

  • Stop-and-search
  • Children's-rights
  • Article-8-echr
  • Discrimination
  • Quality-of-law
  • Justice-and-security-(northern-ireland)-act-2007
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Public-law [2018] NIQB 46

AS1 (A Minor), Re Judicial Review

AS1 (A Minor), Re Judicial Review [2018] NIQB 46 (16 May 2018)

The High Court in Northern Ireland held that PSNI video recording and retention of footage during a lawful home search did not breach Article 8 or data protection law.

  • Article-8-echr-(right-to-privacy)
  • Data-protection-act-1998
  • Police-powers-during-search
  • Retention-of-video-footage
  • Children's-rights
  • Eu-charter-of-fundamental-rights
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Human-rights-law [2016] NIQB 99

JKL's Application

JKL's Application [2016] NIQB 99 (21 December 2016)

The High Court in Northern Ireland dismissed a judicial review seeking pre-charge anonymity legislation for a child suspect, holding the Department could not be compelled to legislate.

  • Article-8-echr
  • Reporting-restrictions
  • Children's-rights
  • Positive-obligations
  • Judicial-review
  • Press-regulation
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Public-law [2014] NIQB 5

JR 70, Re Judicial Review

JR 70, Re Judicial Review [2014] NIQB 5 (20 January 2014)

Judicial review over refusal to place a sex offender prisoner on a treatment programme succeeded. The court held the Prison Service failed to consider family life and the child’s interests.

  • Judicial-review
  • Prisoner-rehabilitation
  • Sex-offenders'-treatment
  • Article-8-echr
  • Children's-rights
  • Rule-65-prison-rules
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Human-rights-law [2013] NIQB 44

JR 38, Re Judicial Review

JR 38, Re Judicial Review [2013] NIQB 44 (21 March 2013)

The court held that publication of a child suspect’s image by police for identification purposes engaged Article 8, but the interference was justified and the judicial review was dismissed.

  • Article-8-echr-(right-to-private-life)
  • Children's-rights
  • Police-powers
  • Data-protection
  • Judicial-review
  • Article-8-private-life
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About this LexChat collection

Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.