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Northern Ireland Case Law

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Administrative-law

In the matter of an application by BREANDÁN MacCIONNAITH for leave to apply for judicial review and in the matter of a determination by the Parades Commission for Northern Ireland

Leave to apply for judicial review was refused over a Parades Commission determination concerning a Drumcree parade and the Garvaghy Road route.

  • Judicial-review
  • Parades-commission-determination
  • Public-processions
  • Convention-rights-balancing
  • Reasons-for-decision
  • Rationality-review
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Criminal-law [2016] NICA 11

PPS v Bryson

PPS v Bryson [2016] NICA 11 (7 March 2016)

Court held section 6(8) of the Public Processions Act 1998 imposed a legal burden on the accused and did not breach the presumption of innocence.

  • Burden-of-proof
  • Presumption-of-innocence
  • Statutory-interpretation
  • Public-processions
  • Procedural-time-limits
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Administrative-law [2015] NIQB 55

CE, Re Judicial Review

CE, Re Judicial Review [2015] NIQB 55 (24 June 2015)

The High Court held that minor defects in protest notification forms did not make them invalid, and PSNI and the Parades Commission were not obliged to reject them.

  • Statutory-interpretation
  • Public-processions
  • Protest-notification-requirements
  • Procedural-compliance
  • Judicial-review
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Administrative-law [2014] NIQB 108

KA, Re Judicial Review

KA, Re Judicial Review [2014] NIQB 108 (11 July 2014)

The High Court in Northern Ireland dismissed KA’s challenge to the Parades’ Commission’s restriction on an evening Orange parade route, finding no irrationality, illegality, or Article 11 breach.

  • Judicial-review
  • Public-processions
  • Legitimate-expectation
  • Proportionality
  • Wednesbury-unreasonableness
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Administrative-law [2012] NIQB 63

Ballymaconnolly Sons of Conquerors Flute Band, Re Judicial Review

Ballymaconnolly Sons of Conquerors Flute Band, Re Judicial Review [2012] NIQB 63 (17 August 2012)

Judicial review of a Parades Commission determination limiting the number of bands in a Rasharkin parade was dismissed as lawful and proportionate.

  • Judicial-review
  • Public-processions
  • Legitimate-expectation
  • Procedural-fairness
  • Proportionality
  • Freedom-of-assembly
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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.