Northern Ireland Case Law

In the matter of an application by Gary and Sean Anderson for leave to apply for judicial review of the decision by the Prison Service of Northern Ireland to refuse to allow the applicants compassionate temporary release

The court granted Gary Anderson leave, quashed the refusal of compassionate temporary release, and ordered release for his father's funeral. Sean Anderson's challenge was refused.

• Compassionate temporary release
• Article 8 echr proportionality
• Judicial review of prison governor decisions
• Wednesbury unreasonableness
• Murder sentence prisoners
• Compassionate-temporary-release

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JR335, Re Application for Judicial Review (Rev1)

JR335, Re Application for Judicial Review (Rev1) [2025] NIKB 56 (15 October 2025)

The High Court refused leave for judicial review of refusals to approve two school transformation proposals to integrated status, finding no breach of Article 92(6).

• Judicial review
• Statutory interpretation
• Integrated education
• Public decision-making
• Wednesbury unreasonableness
• Procedural fairness

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XY x NIHE (Re Statutory Appeal under the Housing (Northern Ireland) Order 1998) (Rev1)

XY x NIHE (Re Statutory Appeal under the Housing (Northern Ireland) Order 1998) (Rev1) [2024] NICty 6 (23 December 2024)

The County Court allowed a statutory appeal against NIHE’s refusal of homelessness assistance, holding that the wrong immigration legislation was applied and key enquiries were omitted.

• Homelessness assistance eligibility
• Pre-settled status (pss)
• Domestic violence and housing rights
• Charter of fundamental rights of the eu
• Withdrawal agreement implementation
• Wednesbury unreasonableness

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Boudjaja v Northern Ireland Housing Executive (NIHE)

Boudjaja v Northern Ireland Housing Executive (NIHE) [2024] NICty 5 (23 September 2024)

A Northern Ireland County Court quashed NIHE’s refusal of housing assistance to an applicant with pre-settled status, finding the wrong legal test was used and enquiries were inadequate.

• Homelessness assistance
• Eligibility for housing assistance
• Immigration status
• Domestic violence
• Eu withdrawal agreement
• Charter of fundamental rights

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Friel, Application for Judicial Review (Re Inquest into the Death of Thomas Friel)

Friel, Application for Judicial Review (Re Inquest into the Death of Thomas Friel) [2023] NIKB 111 (06 November 2023)

The High Court quashed a coroner’s factual findings in Thomas Friel’s inquest, holding that key contemporaneous evidence was overlooked and the reasoning was irrational.

• Judicial review
• Article 2 echr
• Inquest procedure
• Wednesbury unreasonableness
• Procedural impropriety
• Judicial-review

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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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Curley, Re Application for Judicial Review

Curley, Re Application for Judicial Review [2023] NIKB 11 (14 February 2023)

The High Court granted limited leave for judicial review over NIHE’s refusal of intimidation points, finding an arguable error in the rule 23 test and possible irrationality.

• Judicial review
• Housing allocation
• Intimidation points
• Procedural fairness
• Wednesbury unreasonableness
• Article 6 echr

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Mahmud, Re Application for Judicial Review

Mahmud, Re Application for Judicial Review [2022] NIKB 13 (19 October 2022)

The High Court quashed a legal aid appeal panel’s refusal to fund senior counsel for an asylum appeal, finding the decision irrational in context.

• Legal aid entitlement
• Level of representation
• Rationality challenge
• Access to justice
• Wednesbury unreasonableness
• Judicial-review

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McConalogue, Re Application for Judicial Review

McConalogue, Re Application for Judicial Review [2022] NIQB 41 (08 June 2022)

The High Court refused leave for judicial review, holding that the Social Security Commissioner’s refusal to grant leave to appeal disclosed no arguable error of law.

• Judicial review
• Universal credit
• Limited capability for work
• Procedural fairness
• Delay
• Wednesbury unreasonableness

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The Landlords Association for Northern Ireland, Re Application for Judicial Review

The Landlords Association for Northern Ireland, Re Application for Judicial Review [2022] NIQB 14 (25 February 2022)

The High Court upheld Belfast City Council’s HMO licence condition requiring an emergency out-of-hours contact number, finding it was within statutory powers and not ultra vires.

• Hmo licensing
• Anti-social behaviour
• Ultra vires
• Licence conditions
• Wednesbury unreasonableness
• Hmo-licensing

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