Ferran (Patrick) v Chief Constable of the Police Service of Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Master Bell |
| Neutral Citation | [2010] NIMaster 4 |
| Court | High Court (Northern Ireland) |
| Date | 06 May 2010 |
1
Neutral Citation No. [2010] NIMaster 4 Ref:
Judgment: approved by the Court for handing down Delivered:
6/5/10
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE OF NORTHERN IRELAND
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QUEEN’S BENCH DIVISION
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BETWEEN:
Patrick Ferran
Petitioner;
and
Chief Constable of the Police Service of Northern Ireland
Respondent.
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Master Bell
[1] The plaintiff’s action arises out of his arrest by police outside
“Maureen’s Florist Shop” on the Falls Road, Belfast on 23 March 1992, in
connection with the murder of Roy Butler, and his subsequent detention at
Castlereagh Holding Centre. He alleges that he was wrongfully detained and
falsely imprisoned. Further, he alleges that, during the course of this
detention, the defendant attempted to recruit him as an informer, as a result
of which he was extremely distressed and frightened.
[2] In this application the defendant seeks :
(i) the dismissal of the plaintiff’s action for want of prosecution under
either Order 34 Rule 2 of the Rules of the Court of Judicature or the
inherent jurisdiction of the court, pursuant to a summons dated 13
October 2009; or alternatively
(ii) the striking out of the action on the basis that the defendant’s right
under Article 6 of the European Convention on Human Rights to a
trial within a reasonable time have been breached.
2
[3] The defendant was represented in this application by Mr Michael
Humphreys, instructed by the Crown Solicitor with the plaintiff being
represented by Mr Niall Hunt, instructed by McLaughlin & Co. The
application was grounded on an affidavit sworn on 12 October 2009 by Mrs
Majella Meegan, with replying affidavits being sworn on 10 December 2009
and 8 January 2010 by Mr Martin McLaughlin on behalf of the plaintiff. Mr
McLaughlin’s second affidavit contained both factual material which was not
relevant to the application before the court and non-factual material which
was in nature of legal submissions. I have disregarded this material.
[4] Following the first listing of the case, I directed additional affidavits by
the parties to address what I considered were the core issues in the
application. Mrs Meegan accordingly swore her second affidavit on 21 April
2010 and Mr McLaughlin swore his third affidavit on the same date.
CHRONOLOGY
[5] Significant dates in the history of the proceedings are as follows :
(i) Date of the cause of action 23 March 1992
(ii) Issue of Civil Bill 2 March 1998
(iii) Notice of Intention to Defend 11 March 1998
(iv) Notice for Further and Better Particulars 16 March 1998
(v) Replies 27 August 1998
(vi) Notice for Further and Better Particulars 18 September 1998
(vii) Replies 27 October 1998
(viii) Order for Removal to the High Court 15 January 1999
(ix) Memorandum of Appearance 18 March 1999
(x) Service of Statement of Claim 13 April 1999
(xi) Defence filed 24 June 1999
(xii) Amended Statement of Claim 19 November 1999
(xiii) Notice of Intention to Proceed 12 May 2006
(xiv) Notice of Intention to Proceed 25 January 2007
(xv) Action set down for trial 29 January 2010
[6] In March 1992 the plaintiff instructed Oliver J. Kelly, solicitor,
regarding his arrest and detention. It was Mr Kelly who was responsible for
initiating the proceedings on behalf of the plaintiff. In August 2004 Mr
McLaughlin took over Mr Kelly’s firm. After that date Mr Kelly was an
employee of McLaughlin & Co. In May 2006 Mr Kelly left McLaughlin & Co
due to ill health.
[7] The chronology of these proceedings indicates several periods of
significant delay :
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1 cases
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Arthurs (Patrick) as personal representative of Declan Arthurs (deceased) v Ministry of Defence and Chief Constable of the Police Service of Northern Ireland
...court should approach that delay. I addressed this issue in Patrick Ferran v Chief Constable of the Police Service of Northern Ireland [2010] NIMaster 4. (This was an action where the defendant sought the striking out of the action on the basis that the defendant’s right under Article 6 of ......