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Attorney General for Northern Ireland v Heron

Irish Jurist Reports (Digests) Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1948
Date01 January 1948
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.),
Attorney-General for Northern Ireland
and
Heron

Constitution of Court - Whether two judges, sitting together, can constitute - Whether judge who, as former Attorney-General, had been a party to a suit in a representative capacity, disqualified from sitting to hear the suit - Supreme Court of Judicature Act (Ir.), 1877, s. 56 -Government of Ireland Act, 1920, s. 69 - Supreme Court of Judicature (N. I.) Order, 1921, cl. 3 (5) (c).

The Court held that the provision of clause 3 (5) (c) of the Supreme Court of Judicature (Northern Ireland) Order, 1921, made under s. 69 of the Government of Ireland Act, 1920, to the effect that s. 56 of the Supreme Court of Judicature Act (Ir.), 1877, should be read as if there were substituted for the first sentence therein the words "Every appeal to the Court of Appeal in Northern Ireland may, whether the subject matter of the appeal is a final or an interlocutory order, decree or judgment, be heard before not less than two judges of the said Court sitting together," is not ultra viress. 69 of the Act of 1920, and accordingly that the Court of Appeal in Northern Ireland, hearing an appeal from a final order, decree or...

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