Ewing (Terence Patrick) v Times Newspapers Ltd

JurisdictionNorthern Ireland
JudgeMcCloskey J
Judgment Date27 May 2010
Neutral Citation[2010] NIQB 65
CourtQueen's Bench Division (Northern Ireland)
Date27 May 2010
Year2010
1
Neutral Citation No. [2010] NIQB 65 Ref:
McCL7860
Judgment: approved by the Court for handing down Delivered:
27/05/10
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN'S BENCH DIVISION
________
BETWEEN:
TERENCE PATRICK EWING
Plaintiff/
Appellant:
-and-
TIMES NEWSPAPERS LIMITED
Defendant/
Respondent:
________
McCLOSKEY J
I INTRODUCTION
[1] Having regard to the framework of the hearing conducted below, I initially
considered that the main issue to be determined in this appeal should properly be
framed in the following abstract terms: can a putative Plaintiff who has
unsuccessfully made an ex parte application to the High Court to “restore” a Writ of
Summons subsequently apply to the court for an order setting aside the order of
refusal? Logically, if the court were to answer this question in the affirmative, it
would be necessary then (a) to identify the principles and criteria to be applied and
(b) to apply same to the concrete matrix of the instant case. I disentangled this core
question from the somewhat dense and convoluted materials and submissions
which have been assembled by the moving party, Mr Ewing , considered in the
context of the moderately unusual background. I was reinforced in this approach by
paragraph [8] of the reserved ruling of the Master, which recites, in material part:

To continue reading

Request your trial
10 cases
  • Galloway (George) v William Frederick Frazer, Google Incorporated t/a Youtube, Independent News Media t/a Belfast Telegraph, Persons Unknown, Google Uk Limited, Google Ireland Limited
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 27 January 2016
    ...gateways, and in particular URL3 and URL4. THE APPROACH TO A SET ASIDE APPLICATION [51] McCloskey J in Ewing v Times Newspapers Limited [2010] NIQB 65 at [7]-[8] considered the jurisdiction of the court to review an ex parte order. The relevant matters considered include the following: (i) ......
  • Hawthorne's (Thomas Ronald) and White's (Raymond) Application
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 19 January 2018
    ...occur. The High Court has at its disposal a rich reservoir of powers stored in its inherent jurisdiction: see Ewing v Times Newspapers [2010] NIQB 65 at [10]–[11] especially. I consider that judicial withdrawal from a given case is not necessarily dependent upon, or confined to, a successfu......
  • Application by Grindy (Brian) (An Applicant for Bail)
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 7 March 2012
    ...to exercise inherent jurisdiction in a variety of respects and contexts is not confined to bail matters: see Ewing v Times Newspapers [2010] NIQB 65, paragraph [11]. Moreover, this capacity is not shared by courts of inferior jurisdiction. Thus, in determining issues relating to bail, neith......
  • Rural Integrity's (Lisburn 01) and related Limited companies Application
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 6 March 2020
    ...out in the terms of the rule. Furthermore the court must be alert to its inherent jurisdiction, as to which see Ewing v Times Newspapers [2010] NIQB 65 at [10] – [14]. Thus I consider that there is a judicial discretion to be exercised. [42] On the Applicant’s side two factors are highlight......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT