Breslin and Others v McKenna and Others
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2007] NICA 14 |
| Date | 15 March 2007 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation no. [2007] NICA 14
Ref:
KERF5781
Judgment: approved by the Court for handing down
Delivered:
15/03/07
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
BETWEEN:
MARK CHRISTOPHER BRESLIN and OTHERS
Plaintiffs/Respondents
and
SEAMUS McKENNA, THE REAL IRISH REPUBLICAN ARMY, JOHN
MICHAEL HENRY McKEVITT, LIAM CAMPBELL, MICHAEL COLM
MURPHY and SEAMUS DALY
Defendants/Appellants
_________
Before Kerr LCJ, Campbell LJ and Higgins LJ
_________
KERR LCJ
Introduction
[1] This is an appeal brought by the leave of this court against a ruling of
Morgan J in which he ordered production of a number of documents held by
the solicitors who act in the Republic of Ireland for the fifth and sixth
defendants (the appellants in this appeal). The material consists of evidence
from and transcripts of criminal proceedings at the Special Criminal Court in
Dublin.
Factual background
[2] Proceedings were issued in the High Court on 10 August 2001 by a
number of victims and relatives of victims of the bomb explosion in Omagh
on 15 August 1998. Compensation was sought from a number of persons and
groups alleged to have planted the device which caused the explosion.
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2 cases
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Breslin and Others v McKenna and Others
...S29 KELLY v IRELAND 1986 ILRM 318 CHAMBERS v TIMES NEWSPAPERS LTD & WITHEROW 1999 2 IR 424 1999 1 ILRM 504 BRESLIN & ORS v MCKENNA & ORS 2007 NICA 14 RSC O.3 r22 CRIMINAL PROCEDURE ACT 1967 GREENCORE GROUP PLC & ORS v MURPHY & ORS 1995 3 IR 520 1996 1 ILRM 210 1995/18/4642 KELLY v IRELAND 1......
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Mark Christopher Breslin and others v Seamus McKenna and others - Ruling No 9
...to this submission is the fact that in the course of a discovery hearing before the Court of Appeal in this case (Breslin v McKenna [2007] NICA 14) the fifth and sixth named defendants submitted that the proceedings conducted in this case were a means of holding the appellants to account in......