Family Planning Association of Northern Ireland v The Minister for Health, Social Services and Public Safety and SPUC NI, Archbishop Sean Brady and the Northern Bishops, Precious Life, Life (NI)
| Jurisdiction | Northern Ireland |
| Judge | Shiel LJ |
| Judgment Date | 08 October 2004 |
| Neutral Citation | [2004] NICA 37 |
| Date | 08 October 2004 |
| Year | 2004 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No. [2004] NICA 37
Ref:
SHEF5066
Judgment: approved by the Court for handing down Delivered:
8/10/04
(subject to editorial corrections)
IN THE COURT OF APPEAL IN NORTHERN IRELAND
______
ON APPEAL FROM THE HIGH COURT OF JUSTICE OF NORTHERN
IRELAND
______
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
______
BETWEEN:
THE FAMILY PLANNING ASSOCIATION OF NORTHERN IRELAND
Appellant;
-and-
THE MINISTER FOR HEALTH, SOCIAL SERVICES AND PUBLIC
SAFETY
Respondent;
SPUC NI
ARCHBISHOP SEAN BRADY AND THE NORTHERN BISHOPS
PRECIOUS LIFE
LIFE (NI)
Interveners.
_________
SHEIL LJ
[1] This is an appeal by the Family Planning Association of Northern
Ireland (“FPANI”), against the refusal of Kerr J (as he then was) on 7 July 2003
to grant an order for judicial review against the Minister of Health, Social
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9 cases
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The Northern Ireland Human Rights Commission’s Application
...WLR 1288, [1988] 2 FLR 307, CA. Family Planning Association of Northern Ireland v Minister for Health, Social Services and Public Safety [2004] NICA 37–39, [2005] NI 188. Gaughran v Chief Constable of the Police Service of Northern Ireland[2015] UKSC 29, [2015] 3 All ER 655, [2016] AC 345, ......
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An application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland)
...possible, but we have the evidence of Professor Dornan that, before the law was clarified in Family Planning Association of Northern Ireland v Minister for Health, Social Security and Public Safety [2004] NICA 39; [2005] NI 188, abortions were offered in such cases and there was a high lev......
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Attorney General for Northern Ireland & The Department for Justice v The Northern Ireland Human Rights Commission
...687, approved by this court in Family Planning Association of Northern Ireland v Minister for Health, Social Services and Public Safety [2004] NICA 37, as the leading 17 authority on the meaning of the word "unlawful" in sections 58 and 59 of the 1861 Act. In Bourne the defendant was an obs......
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AA + ORS v NHS Commissioning Board
...that it reasonably can to meet an obligation: Family Planning Association of Northern Ireland v Minister of Health and Social Services [2004] NICA 37. In this regard, the fact that the duty in reg. 45 applies to the whole cohort (and not just those referred for gender identity services) mea......
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6 books & journal articles
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The Criminal Sanctions against the Illicit Proceeds of Criminal Organisations
...speci c o ences’; see Walsh vs. Director of the Assets Recovery Agency (2005) NICA 6 , e Northern Irel and Law Reports 20 05 Part II (2005) NI 188–526, e Crim inal Sanction s against the Ill icit Proceeds of Crim inal Organisa tionsNew Journal of Eu ropean Crimina l Law, Vol.3, Issue......
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The European Court of Human Rights and Abortion: a Right or a Moral Issue?
...3 All ER 615 (CC). See also: Family Planning Association of Northern Ireland v Minister for Health and Social Services and Public Safety [2004] NICA 37; [2005] NI 188 [12]. 115 Tom Frost, ‘Abortion in Northern Ireland: Has the Rubicon Been Crossed?’ (2018) 39 Liverpool Law Rev 175. 116 Fion......
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Rebecca J. Cook & Susannah Howard, Accommodating Women's Differences Under the Women's Anti-discrimination Convention
...OF BIOMEDICAL ETHICS 128-32 (5th ed. 2001). 145 Family Planning Ass'n of N. Ir. v. Minister for Health, Soc. Services & Pub. Safety, [2004] NICA 37-39 (Civ), [2005] N. Ir. L.R. 188 (Civ). See generally Ruth Fletcher, Abortion Needs or Abortion Rights? Claiming State Accountability for Women......
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Advocating Abortion Rights in Northern Ireland
...[2009] NIQB 92.The Family Planning Association of Northern Ireland v Minister for Health, Social Services and Public Safety and others [2004] NICA 37. Tysiac v Poland, Appl. No. 5410/03, European Court of Human Rights, 20 March 2007.Western Health and Social Services Board v CMB (Unreported......
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