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Northern Ireland Case Law

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Administrative law [2025] NIKB 55

Morgan, Application for Judicial Review

Morgan, Application for Judicial Review [2025] NIKB 55 (01 October 2025)

Judicial review by a minor claimant over untraced-driver compensation procedures. The court held the 2004 Agreement was compatible with EU law and the ECHR.

  • Judicial review of administrative action
  • Implementation of eu directives
  • Compensation for victims of untraced drivers
  • Rights of minors in compensation claims
  • Principles of equivalence and effectiveness
  • Access to court
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Planning law [2025] NIKB 45

Haberlin, Application for Judicial Review

Haberlin, Application for Judicial Review [2025] NIKB 45 (26 June 2025)

Judicial review leave application challenging a planning permission grant was dismissed. The court found no arguable illegality, irrationality, unfairness, or human rights breach.

  • Judicial review of planning decisions
  • Flood risk assessment
  • Environmental impact assessment
  • Habitats regulations assessment
  • Procedural fairness
  • Irrationality
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Human rights law [2025] NIKB 3

Mitchell, , Re Application for Judicial Review

Mitchell, , Re Application for Judicial Review [2025] NIKB 3 (20 January 2025)

Leave for judicial review was refused in a challenge over survivor’s pension rules excluding an unmarried cohabiting partner. The court found the claim out of time and unlikely to succeed.

  • Article 14 echr
  • Article 1 of the first protocol echr
  • Article 8 echr
  • Discrimination
  • Survivor's pension
  • Judicial review
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Human rights law [2024] NICA 55

Finucane, Application for Judicial Review (Re Decision of the Secretary of State for Northern Ireland)

Finucane, Application for Judicial Review (Re Decision of the Secretary of State for Northern Ireland) [2024] NICA 55 (07 July 2024)

The Court of Appeal held that the Secretary of State’s decision to defer a public inquiry and await the outcome of further police and ombudsman investigations was unlawful and did not satisfy the promptness and effectiveness requirements of Article 2 ECHR. The Court affirmed that previous investigations, including those by the PSNI and PONI, were insufficient to discharge the State’s Article 2 obligations as identified by the Supreme Court. The ongoing delay constituted a continuing breach, and the Secretary of State was required to reconsider the Government’s response without further delay.

  • Article 2 echr (right to life)
  • State collusion
  • Obligation to investigate deaths
  • Delay in investigations
  • Judicial review
  • Public inquiry
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Extradition law [2023] NIKB 21

Latvia v Ancevskis No.2, Application for Judicial Review

Latvia v Ancevskis No.2, Application for Judicial Review [2023] NIKB 21 (22 February 2023)

The Northern Ireland High Court held that refusing to adjourn extradition proceedings for fresh Article 8 evidence breached procedural fairness and granted judicial review relief.

  • Extradition act 2003
  • Article 8 echr
  • Judicial review
  • Procedural fairness
  • Human rights act 1998
  • Extradition-law
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Media law [2022] NIQB 43

Sterritt v Telegraph Media Group Ltd & Ors

Sterritt v Telegraph Media Group Ltd & Ors [2022] NIQB 43 (09 June 2022)

The High Court in Northern Ireland refused to dismiss misuse-of-private-information claims for delay or abuse of process, but struck out a negligence claim.

  • Misuse of private information
  • Negligence
  • Defamation
  • Breach of confidence
  • Data protection act 1998
  • Human rights act 1998
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Public law [2022] NIQB 34

Mitchel v The Defence Council & Anor

Mitchel v The Defence Council & Anor [2022] NIQB 34 (13 May 2022)

The High Court of Northern Ireland held that a damages claim over survivor pension discrimination was, in substance, a public law challenge and should be brought by judicial review.

  • Abuse of process
  • Exclusivity rule
  • Judicial review vs ordinary action
  • Discrimination under echr article 14
  • Survivor’s pension entitlement
  • Human rights act 1998
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Civil procedure [2022] NIMaster 2

McWilliams v Police Service of Northern Ireland

McWilliams v Police Service of Northern Ireland [2022] NIMaster 2 (21 April 2022)

The court held the plaintiff’s pleadings in a legacy action were too vague, requiring further and better particulars before discovery would be ordered.

  • Discovery
  • Pleadings
  • Misfeasance in public office
  • Negligence
  • Human rights act 1998
  • Civil-procedure
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Constitutional law [2022] NIQB 8

Heaney, Re Application for Judicial Review

Heaney, Re Application for Judicial Review [2022] NIQB 8 (07 February 2022)

Leave for judicial review was refused in a challenge to Northern Ireland terrorism sentencing changes. The court held the applicant’s new arguments belonged in the criminal appeal.

  • Article 7 echr
  • Human rights act 1998
  • Judicial review
  • Parliamentary sovereignty
  • Sentencing
  • Terrorism offences
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Constitutional law [2021] NIQB 109

Burns & Anor, Re Application for Judicial Review

Burns & Anor, Re Application for Judicial Review [2021] NIQB 109 (25 November 2021)

The High Court refused leave for judicial review of legacy-law proposals in a Command Paper, holding the challenge was premature because the proposals had no legal effect yet.

  • Separation of powers
  • Parliamentary privilege
  • Judicial review
  • Human rights act 1998
  • European convention on human rights
  • Ireland/northern ireland protocol
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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.