Copeland, Isobel, suing as widow and personal representative of the estate of John Thomas Deceased and The Ministry of Defence
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2019] NIMaster 9 |
| Court | High Court (Northern Ireland) |
| Date | 06 September 2019 |
1
Neutral Citation No: [2019] NIMaster 9
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: [2019] NIMaster 9
Delivered: 06.09.2019
No.14/050985/04
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEENS BENCH DIVISION
Between:
ISOBEL COPELAND suing as widow and personal representative
of the estate of JOHN THOMAS COPELAND DECEASED
Plaintiff;
AND
THE MINISTRY OF DEFENCE
Defendant.
Master McCorry
[1] By summons issued 22 February 2018 the defendant applies for orders striking
out portions of the plaintiff's statement of claim: 1. Pursuant to Order 18, rule 19 as
disclosing no reasonable cause of action, as frivolous and vexatious and an abuse of
the process of the court; 2. Contrary to Order 18, rule 15(2) as not referred to in the
writ of summons; 3. striking out the claim for aggravated and exemplary damages as
contrary to section 14(2) of the law Reform (Miscellaneous Provisions) (Northern
Ireland) Act 1937 and Article 5 of the Fatal Accidents (Northern Ireland) Order 1977,
and for orders pursuant to Order 18, rule 12 requiring the plaintiff to provide full
and proper replies to the defendant's notice for further and better particulars dated
29 December 2015, and Order 24, rule 3 requiring the plaintiff to serve a list of
documents. Subsequent to the issue of the summons the plaintiff amended her
2
pleadings and replies to the notice for particulars, and at the multiple and protracted
hearings before this court the focus was on relief pursuant to Order 18, rule 19(1).
The Plaintiff's Claim
[2] By writ of summons issued 15 May 2014 the plaintiff sued as a dependant
widow under the 1977 Order and as personal representative of the deceased (the
1937 Act claim). She claims damages, including aggravated and exemplary damages,
in respect of the death of the Deceased on or about 28 October 1971, caused by reason
of the negligence, including negligence in the conduct of military operations, assault,
battery, trespass to person, conspiracy to commit trespass to person, conspiracy to
injure and misfeasance in public office of the defendant, its servants and agents. On
28 October 1971 the Deceased, aged 23 years, was shot by soldiers of the Green
Howard Regiment, at Ladbrook Drive, Ardoyne, Belfast. He died from his wound
two days later. The plaintiff also claims damages in her personal capacity and on
behalf of the estate of the deceased, by reason of the negligence, assault, battery,
trespass to person, conspiracy to commit trespass to person, conspiracy to injure and
misfeasance in public office of the defendant, its servants and agents. She also claims
damages (bereavement) pursuant to the Law Reform (Miscellaneous Provisions) Act
(N.I.) 1937 and the Fatal Accidents (N.I.) Order 1977 on behalf of the estate and
dependants of the deceased.
[3] The Coroner, at an inquest on 2 November 1972, recorded the cause of death
as a bullet wound of the chest and abdomen and returned an open verdict. In a
statement of claim delivered 23 April 2015 the plaintiff appeared to widen the scope
of the action from that indorsed on the writ of summons to include: a claim in respect
of mental distress (para.6), and claims in negligence and breach of statutory duty by
the defendant in failing to provide disclosure of its records in relation to the shooting
which would assist the plaintiff in an application for a fresh inquest (para.7), in
violation of domestic law including the Freedom of Information Act 2000 ("FOIA")
and the Public Records Act 1958. This related to a belief raised by the plaintiff’s
solicitors in correspondence to the defendant of 7 October 2013 of the existence of a
secret archive maintained at a TNT Archive in Swadlincote Derbyshire, which it was
argued the defendant was obliged to declassify and transfer to the National Archive
at Kew.
[4] The statement of claim also pleaded (para.8) violation of Articles 2 and 6 of the
European Convention on Human Rights (“ECHR”) in respect of the death and the
failure to conduct an effective and adequate investigation into the circumstances of
the shooting; Article 8, right to private and family life; Article 10, right to receive
information without interference by the defendant, and Article 13, the right to an
To continue reading
Request your trial