Cunningham, Ciaran and The Chief Constable of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Weatherup LJ |
| Judgment Date | 19 December 2016 |
| Neutral Citation | [2016] NICA 58 |
| Year | 2016 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 19 December 2016 |
1
Neutral Citation no: [2016] NICA 58 Ref:
WEA10119
Judgment: approved by the Court for handing down Delivered:
19/12/2016
(subject to editorial corrections)*
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
________
Between
CIARAN CUNNINGHAM
Plaintiff/Appellant
and
THE CHIEF CONSTABLE OF THE POLICE SERVICE OF NORTHERN
IRELAND
Defendant/Respondent
________
Weatherup LJ, Deeny J and Maguire J
________
WEATHERUP LJ (delivering the judgment of the court)
[1] This is an appeal by way of a Case Stated by Colton J, dated 31 May 2016
concerning the transfer from the County Court to the High Court of proceedings
involving the issue of a Public Interest Immunity Certificate. Mr O’Donoghue QC
and Mr Summers appeared for the appellant and Mr McGleenan QC and
Mr McGuinness appeared for the respondent.
To continue reading
Request your trial
2 cases
-
Magee, Patrick and Chief Constable of The Police Service of Northern Ireland
...June 2015. The parties did not progress the application for discovery until the Court of Appeal decision in Cunningham v Chief Constable [2016] NICA 58 was available. A PII certificate was signed by John Penrose MP, Minister of State for Northern Ireland on 23 January 2019. On 17 November 2......
-
Summary of Judgment - Magee v Chief Constable
...Court”. The Court of Appeal previously set out its approach to the interpretation of Order 78, rule 1A in Cunningham v Chief Constable [2016] NICA 58. It stated that the threshold for transfer of proceedings 1 The panel was Lord Justice Treacy, Mr Justice Scoffield and Sir Declan Morgan. Si......