Burns (Patricia) and McCready's (Daniel) Application
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Judgment Date | 12 April 2022 |
| Neutral Citation | [2022] NICA 20 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 12 April 2022 |
1
Neutral Citation No: [2022] NICA 20
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: KEE11813
ICOS No: 21/084715
Delivered: 12/04/2022
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY PATRICIA BURNS AND
DANIEL McCREADY
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND IN THE MATTER OF DECISIONS OF THE SECRETARY OF STATE
FOR NORTHERN IRELAND
___________
Mr Macdonald QC with Mr Malachy McGowan (instructed by Harte Coyle Collins
Solicitors) for the Applicants
Dr McGleenan QC with Mc Philip McAteer (instructed by the Crown Solicitor’s Office)
for the Proposed Respondent
___________
Before: Keegan LCJ, Maguire LJ and Horner J
___________
KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] This is an appeal from the refusal of leave to apply for judicial review
contained in a decision of Colton J of 25 November 2021. Colton J has helpfully set
out the background in some detail and so we need only summarise it as follows.
Both applicants have been affected by the deaths of their loved ones during the
so-called Troubles in Northern Ireland. There is therefore no issue with the standing
of the applicants in both of these related cases.
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5 cases
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Wilson (Eileen) Application for Judicial Review and Kitchen (May) Application for Judicial Review and Eileen Wilson and (1) Department of Health for Northern Ireland (2) South Eastern Health and Social Care Trust (3) The Health and Social Care Board The Commissioner for Older People for Northern Ireland
...360 which dealt with a challenge to a ministerial decision to lay draft legislation before Parliament. In a similar vein, in Re Burns [2022] NICA 20 the Court of Appeal endorsed the decision of this court that a Command Paper setting out government proposals ws non-justiciable. [42] The dis......
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Eileen Wilson and May Kitchen v Department of Health for Northern Ireland, South Eastern Health and Social Care Trust and Belfast Health and Social Care Trust
...this court, belongs to the non-justiciable category. So too the recent decision of this court in Re Burns and McGready’s Application [2022] NICA 20. [24] It is argued on behalf of DOH that the subject matter of the appellants’ challenges are (per counsels’ skeleton argument): “… not justici......
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The Children's Law Centre's Application
...of Rights extended to Northern Ireland. The Court of Appeal seem to have assumed that it did apply in Re Burns and McCready’s Application [2022] NICA 20. [72] Since this was a leave application, and I did not hear full argument on the issue, I do not intend to resolve this thorny subject of......
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The King v ZB
...great detail. That was again, a discretionary decision made by the judge on the basis of the evidence he had before him ; see R v Hegarty [2022] NICA 20. Having established that this defendant was dangerous the judge was entitled to impose an extended custodial sentence. We think that five ......
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