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Northern Ireland Case Law

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Public law [2024] NICoroner 12

Dougal & Ors, The Springhill Inquest into the deaths of

Dougal & Ors, The Springhill Inquest into the deaths of [2024] NICoroner 12 (12 February 2024)

The coroner granted SM207 anonymity in the Springhill Inquest, finding no breach of candour and holding that partial open-source identification did not defeat protection.

  • Anonymity orders
  • Duty of candour
  • Open justice
  • Reporting restrictions
  • Article 2 echr
  • Legacy inquests
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Defamation [2023] NIKB 85

Winters & Ors v News Group Newspapers Ltd

Winters & Ors v News Group Newspapers Ltd [2023] NIKB 85 (24 August 2023)

The court refused late amendments adding new damage claims in a defamation case, and also refused further discovery, production, and a subpoena.

  • Amendment of pleadings
  • Discovery
  • Exemplary damages
  • Duty of candour
  • Abuse of process
  • Subpoena duces tecum
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Public law [2022] NICA 8

Taylor v Department for Communities & Anor

Taylor v Department for Communities & Anor [2022] NICA 8 (18 February 2022)

The Court of Appeal in Northern Ireland considered whether to strike out a housing benefit judicial review appeal for serious procedural failings and lack of candour.

  • Housing benefit
  • Judicial review
  • Duty of candour
  • Victim status under human rights act 1998
  • Procedural compliance
  • Abuse of process
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Criminal law [2021] NIQB 113

Hughes, Re Application for Judicial Review v A Lay Magistrate & Anor

Hughes, Re Application for Judicial Review v A Lay Magistrate & Anor [2021] NIQB 113 (09 December 2021)

The High Court of Justice in Northern Ireland quashed search warrants issued on police applications, finding insufficient compliance with Article 10 PACE and inadequate recorded reasons.

  • Search warrants
  • Judicial review
  • Police powers
  • Article 10 pace
  • Article 8 echr
  • Duty of candour
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Administrative law [2022] NIQB 10

Burns & Anor, Re Application for Judicial Review

Burns & Anor, Re Application for Judicial Review [2022] NIQB 10 (11 February 2021)

Where a public authority admits a material legal flaw in its planning decision (failure to consider a relevant PAN), the court will ordinarily quash the decision on the authority's application. Corresponding applications by other parties become academic and will be dismissed unless there is a compelling reason to proceed. The court will not generally allow academic cases to proceed absent a discrete legal issue requiring resolution. No order as to costs is appropriate where the authority acts promptly and responsibly in seeking to quash its own unlawful decisions.

  • Judicial review of planning decisions
  • Material considerations in planning
  • Duty of candour
  • Costs in judicial review
  • Protective costs orders
  • Remedies in judicial review
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Privacy law [2021] NIQB 128

FB1 v Facebook Ireland Ltd

FB1 v Facebook Ireland Ltd [2021] NIQB 128 (14 January 2021)

The court refused to extend interim privacy injunctions over Facebook posts about the plaintiff’s conviction, finding no reasonable expectation of privacy.

  • Misuse of private information
  • Reasonable expectation of privacy
  • Interim injunctions
  • Anonymity orders
  • Public domain information
  • Duty of candour
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Human rights law [2019] NIQB 70

Aiken, Re Application for Judicial Review

Aiken, Re Application for Judicial Review [2019] NIQB 70 (21 May 2019)

The High Court refused leave to amend a judicial review statement, finding no sufficient evidential basis for an Article 14 claim and no reason to continue an academic challenge.

  • Article 5 echr
  • Article 14 echr
  • Section 6 human rights act 1998
  • Differential treatment
  • Amendment of pleadings
  • Duty of candour
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Family law [2019] NIFam 6

Cave v Cave

Cave v Cave [2019] NIFam 6 (08 March 2019)

The High Court in Northern Ireland discharged a Mareva injunction after finding the petitioner had failed to make full and candid disclosure in an ex parte application.

  • Mareva injunction
  • Ex-parte orders
  • Duty of candour
  • Disclosure obligations
  • Division of matrimonial assets
  • Mareva-injunction
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Criminal law [2018] NIQB 79

McIntyre, Re Judicial Review

McIntyre, Re Judicial Review [2018] NIQB 79 (22 October 2018)

The High Court in Northern Ireland dismissed a judicial review challenge to an international letter of request for Boston College interview tapes, finding the request lawful and not made in bad faith.

  • Mutual legal assistance
  • International letters of request
  • Duty of candour
  • Good faith
  • Article 8 echr
  • Criminal investigation
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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.