PETITION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024] ScotCS CSOH_11 (02 February 2024)

PETITION BY THE PRESIDING CORONER OF NORTHERN IRELAND AGAINST SOLDIER F [2024] ScotCS CSOH_11 (02 February 2024)

The petition and complaint procedure is competent for enforcement of a certificate of default under section 67(5) of the 1978 Act; the petitioner as coroner has title and interest to bring the proceedings; the respondent's averments challenging the validity of prior rulings and asserting medical unfitness at the material time are irrelevant and excluded from probation, as those matters have been judicially determined and not appealed; only averments relevant to mitigation may be admitted.

Citation
[2024] ScotCS CSOH_11
Parties
Petitioner: The Presiding Coroner of Northern Ireland; Defender: Soldier F
Jurisdiction
Scotland
Judgment Date
02 February 2024
Procedural Posture
Petition and Complaint / Interlocutory Decision on Preliminary Pleas and Relevancy of Pleadings
Outcome
Preliminary pleas for the respondent repelled; certain averments excluded from probation; further procedure to be determined after parties reflect on scope of inquiry.
Legal Topics
Enforcement of Subpoenas, Judicial Comity, Competency of Petition, Standing/title and Interest, Special Measures for Witnesses, Medical Unfitness as Defence to Contempt
Contempt of Court Cross Jurisdictional Enforcement Public Law Enforcement of Subpoenas Judicial Comity Competency of Petition Standing/title and Interest Special Measures for Witnesses +1 more

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Parties

The Presiding Coroner of Northern Ireland

Petitioner

Soldier F

Defender

Procedural Posture

Petition and Complaint / Interlocutory Decision on Preliminary Pleas and Relevancy of Pleadings

Legal Issues

  1. 1 Whether the petition and complaint procedure is competent for enforcement of a certificate of default under section 67(5) of the Judicature (Northern Ireland) Act 1978
  2. 2 Whether the petitioner has title and interest to bring the proceedings
  3. 3 Whether the respondent's averments regarding medical unfitness and challenge to prior rulings are relevant to the question of contempt

Ratio Decidendi

The petition and complaint procedure is competent for enforcement of a certificate of default under section 67(5) of the 1978 Act; the petitioner as coroner has title and interest to bring the proceedings; the respondent's averments challenging the validity of prior rulings and asserting medical unfitness at the material time are irrelevant and excluded from probation, as those matters have been judicially determined and not appealed; only averments relevant to mitigation may be admitted.

Court Disposition

Preliminary pleas for the respondent repelled; certain averments excluded from probation; further procedure to be determined after parties reflect on scope of inquiry.

Orders

  • First four pleas in law for Soldier F repelled
  • Averments in answers 10 and 11 after 'quoad ultra denied' excluded from probation