Tag Archives | NI Courts

There Is No Alternative! (to Casement Park development plan)

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A fairly desperate argument from lawyers for the Northern Ireland Planning Service in Belfast High Court today, during the judicial review of the planned £70million redevelopment of Casement Park in west Belfast.  As the BBC reports The judge heard that DCAL have contributed £62.5m of the £77m cost of rebuilding the stadium as part of a project involving more…

Lord Chief Justice Morgan: “Our system of government depends on mutual respect between the executive, the legislature and the judiciary…”

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The BBC reports that, after waiting 8 months for a reply, Northern Ireland’s most senior judge, Lord Chief Justice Declan Morgan, has made public a letter of complaint he sent to the Northern Ireland First and deputy First Ministers about comments made by a NI Executive Minister in the Assembly.  From the published text of more…

Police win flag protest appeal

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As the BBC reports, the Appeals Court has overturned a High Court ruling in April that the PSNI misdirected themselves in relation to policing the flag protests in Belfast – which “led to the situation in which the police facilitated illegal and sometimes violent parades with the effect of undermining the 1998 Act, in breach more…

Mr Justice Treacy: “It is evident that ACC Kerr was labouring under a material misapprehension as to the proper scope of police powers…”

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The Chief Constable, Matt Baggott, has reportedly said that the police will appeal the High Court decision allowing “an application for a judicial review of the PSNI’s policing of the flag protests in Belfast between 8 December 2012 and 14 February 2013.” From the reported ruling Mr Justice Treacy was less than impressed by Assistant Chief more…

Lord Chief Justice Morgan: “this is a case about political failure”

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Not the Haass talks.  You can keep your nose pressed against the windowpane with David if you’re hoping for a scrap of comfort from that.  No, this is about the continued dysfunctional approach of the two main parties of the Northern Ireland Executive semi-detached polit-bureau to the process of government – as defined under the current more…

“The Commission has heard the decision of the judge late this evening and cannot agree with his view…”

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We’ll have to wait to see the detail.  But, in the meantime, the News Letter has the he said/she said response to a High Court ruling overturning a Parades Commission determination in Castlederg.  From the News Letter report A spokesman for the band, which was supported by TUV leader Jim Allister, said the case was won through more…

“it is important that other schemes that may be in a position to be progressed ahead of the A5 are given full consideration by the Executive”

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As the BBC report, the Northern Ireland Regional Development Minister, the UUP’s Danny Kennedy, has announced that his department will not be appealing the Belfast High Court ruling quashing the decision to go ahead with the controversial A5 £330m dual carriageway project.  A “costly mistake [not appealing] but will not be the end of this project“, according to the more…

A5 ruling: “They should not be left in any doubt about what may or may not occur…”

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The Northern Ireland Department for Regional Development have 7 days to appeal the Belfast High Court ruling issued today quashing the decision to go ahead with the controversial A5 £330m dual carriageway project.  As the BBC reports Following the verdict, lawyers for the department sought to have the court order put on hold. They wanted time to meet a requirement more…

“the looming legal row, which is due to commence on 9 January, could become a defining event for Northern Ireland…”

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Well, perhaps.  At the very least it might provide the basis for some actual politics, for a while…  ANYhoo…  The Observer’s Jamie Doward with a reminder of the upcoming legal battle over planning permission for the Bushmills Dunnes development – a 18-hole golf course, clubhouse, golf academy, 120-room hotel and 75 golf lodges complex, plus associated car more…

Lord Chief Justice: “These are allegations of specific conduct. We cannot infer that the disclosure was inadequate”

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Having sought, and been granted, a stay on July’s judicial review ruling for unconditional bail for Martin Corey until an appeal could be heard, the Court of Appeal has now ruled in favour of the Northern Ireland Secretary of State.  From the BBC report The Court of Appeal had to decide whether the process undertaken by more…

Sinn Fein’s defence borrowing a page from the Scientology play book?

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I’d treat with caution any attempt to estimate the Sinn Fein’s costs, not least because they don’t seem to have gone in to the trial with anything much resembling a case. In disclosure, they offered only copies of the press releases, with one defendant confessing he was a inveterate re-cycler. And as Sam McBride notes more…

Gormley wins libel case against Sinn Fein

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The BBC reports the jury verdict in Declan Gormley’s, a former non-executive director of NI Water, libel case against Sinn Féin, the party’s Newry and Armagh MLA Cathal Boylan, and former assembly member Willie Clarke.  From the BBC report Declan Gormley sued the party over the contents of two press releases it issued in 2011 in support of more…

Sinn Féin MLAs to claim ‘qualified privilege’ for press statements in NI Water libel case?

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The BBC reports from Belfast High Court as, former non-executive director in NI Water, Declan Gormley’s libel proceedings against Sinn Féin, the party’s Newry and Armagh MLA Cathal Boylan, and former assembly member Willie Clarke, heads to its court date – 26 November.  Apparently, no political party members nor NI Water employees, members and staff on more…

McGuinness: “We can’t have a half-baked approach…”

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Whilst the Northern Ireland deputy First Minister, Sinn Féin’s Martin McGuinness, has been urging co-operation with the police investigation of the murder of David Black, his party colleague Gerry Kelly has complained of “politically motivated” charges against Padraic Wilson – relating to the aftermath of the 2005 murder of Robert McCartney.  From the UTV report Sinn more…

Court lifts reporting restrictions on identities of Provisional IRA accused

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The BBC reports that, following a legal challenge by the corporation, district judge Fiona Bagnall has lifted court orders prohibiting the media from reporting either the identities or addresses of five defendants who are accused of Provisional IRA activity in 1999 and 2000.  As previously noted All five are charged with belonging to a proscribed organisation on more…

Charges re-instated against Marian Price and others

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The BBC reports that the Public Prosecution Service (PPS) have re-instated charges against Marian Price and three Londonderry men in relation to a 32 County Sovereignty Movement Easter Monday parade in the city in 2011.  Among those being charged again is Marvin Canning – the 50-year-old brother-in-law of Northern Ireland deputy First Minister, Sinn Féin’s Martin McGuinness.  From more…

“court orders prohibit the media from reporting either the identities or addresses of the defendants…”

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In the News Letter Sam McBride has some extra detail to an interesting story, for a number of reasons, that was initially reported in the Irish News earlier in the week.  From the News Letter report RARE reporting restrictions which bar the media from identifying five people charged with Provisional IRA membership have caused concern to more…

“the learned judge who granted bail [] did not have the power to do so in the particular circumstances of this case”

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Despite earlier reports that the Northern Ireland Secretary of State, Owen Paterson, had ordered Martin Corey’s re-arrest following the judicial review ruling for unconditional bail in the case, it appears he merely sought a stay while an appeal was prepared.  The Belfast Telegraph notes the Appeal Court’s initial ruling A judge who granted unconditional bail to more…