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Northern Ireland Case Law

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Administrative law [2023] NIKB 108

Frane, Re Application for Judicial Review

Frane, Re Application for Judicial Review [2023] NIKB 108 (15 November 2023)

The High Court held that continuing Shane Frane’s PRT suspension and PREPS demotion after 2 November 2022 was unlawful for failure to consider material factors and because the process was procedurally unfair.

  • Procedural fairness
  • Material considerations
  • Temporary release
  • Prison discipline
  • Article 5 echr
  • Judicial-review
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Administrative law [2023] NICA 34

Tesco Stores Ltd, Application for Judicial Review (Re Tesco Stores Ltd v Antrim and Newtonabbey Borough Council)

Tesco Stores Ltd, Application for Judicial Review (Re Tesco Stores Ltd v Antrim and Newtonabbey Borough Council) [2023] NICA 34 (24 May 2023)

The Court of Appeal in Northern Ireland dismissed Tesco’s challenge to planning permission granted to Asda, holding the committee was not materially misled about an alternative site.

  • Planning permission
  • Sequential test
  • Alternative site availability
  • Material considerations
  • Wednesbury unreasonableness
  • Planning-law
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Criminal law [2021] NIQB 14

Smyth, Re Application for Judicial Review

Smyth, Re Application for Judicial Review [2021] NIQB 14 (11 February 2021)

The High Court refused judicial review of a licence revocation, holding there was no pre-determination and that a reference to deterrence did not vitiate the decision.

  • Recall of licence
  • Parole
  • Judicial review
  • Protected information
  • Procedural fairness
  • Material considerations
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Administrative law [2019] NIQB 34

Causeway Coast, Re Judicial Review

Causeway Coast, Re Judicial Review [2019] NIQB 34 (8 March 2019)

The High Court dismissed a judicial review challenge to planning permission, holding that the Planning Committee gave legally adequate reasons despite their brevity.

  • Duty to give reasons
  • Planning permission
  • Material considerations
  • Development plan
  • Judicial review procedure
  • Duty-to-give-reasons
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Administrative law [2014] NIQB 32

McLean Bookmakers and North West Bookmakers, Re Judicial Review

McLean Bookmakers and North West Bookmakers, Re Judicial Review [2014] NIQB 32 (10 March 2014)

The High Court dismissed a judicial review of planning permissions for bookmaker extensions in Belfast, holding licensing issues were not material planning considerations.

  • Planning permission
  • Material considerations
  • Conservation area
  • Bookmaking office licensing
  • Loss of retail space
  • Judicial-review
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Administrative law [2005] NIQB 4

Logan Rodgers Partnership, Re An Application for Judicial Review

Logan Rodgers Partnership, Re An Application for Judicial Review [2005] NIQB 4 (26 January 2005)

The High Court in Northern Ireland upheld a Planning Appeals Commission refusal based on prematurity, finding the decision lawful, reasoned, and procedurally fair.

  • Judicial review
  • Prematurity in planning
  • Development plan process
  • Planning permission
  • Material considerations
  • Judicial-review
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Administrative law [2004] NIQB 85

HM (a minor), Re Application for Judicial Review

HM (a minor), Re Application for Judicial Review [2004] NIQB 85 (20 December 2004)

Judicial review challenge to planning permission for telecom equipment near a family home was dismissed. The court upheld amendments, health-related policy handling, and consideration of objections.

  • Judicial review
  • Planning permission
  • Telecommunications infrastructure
  • Standing
  • Delay
  • Alternative remedy
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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.