Fionda's (Maria (A Minor)) Application - by her mother and next friend Rona McDaid
| Jurisdiction | Northern Ireland |
| Judge | Hart J |
| Judgment Date | 30 April 2018 |
| Neutral Citation | [2018] NIQB 51 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 30 April 2018 |
1
Neutral Citation No: [2018] NIQB 51
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: HAR10560
Delivered: 30/04/2018
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY MARIA FIONDA (A MINOR)
BY HER MOTHER AND NEXT FRIEND RONA McDAID FOR JUDICIAL
REVIEW
AND IN THE MATTER OF DECISIONS OF A DISTRICT JUDGE
(MAGISTRATES’ COURT) MADE ON 30 JUNE 2016
________
SIR ANTHONY HART
[1] This is an application brought by Rona McDaid on behalf of her 14 year old
daughter Maria Fionda to quash the decision of District Judge (Magistrates Court)
McCourt on 30 June 2016 to dismiss a summons in respect of which they were the
main prosecution witnesses following his refusal of an application by the
prosecution to adjourn the summons. In view of the unusual history of this case it is
necessary to set out the chronology of events in some detail.
[2] Their witness statements allege that on Wednesday 3 September 2014 Rona
McDaid and her 11 year old daughter were walking along the pavement in Mary
Street, Crossgar. They allege that a jeep type vehicle driven by Paul Bell drove
towards them, crossed the road, drove along the pavement on their side and
stopped. It appears that the pavement is sufficiently wide at this point to allow a
vehicle to park completely on the pavement but still allow pedestrians to pass,
perhaps with difficulty.
[3] Maria alleged that the front corner of the jeep brushed against her skirt and
then hit her left arm knocking her arm backwards. She did not have a bruise but her
arm was sore for a short time afterwards. She told her mother who said that the car
had also hit her handbag.
[4] Her mother confirmed this version of events, identifying the driver of the
vehicle because she had worked for him for seven years or so. She confirmed that
her daughter had no injuries and was not hurt but was “slightly annoyed about this
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3 cases
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Lavery's (Paula) Application (Leave stage)
...funding alone would given rise to a ‘good reason’ under Order 53 rule 4 in Re Watterson [2021] NIQB 16. [20] In Re Fionda (A Minor) [2018] NIQB 51, Sir Anthony Hart commented: “When a prospective applicant for judicial review is already well outside the three month period within which Order......
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Watterson's (Craig) Application
...good reason to extend time an applicant must make and pursue the legal aid application in a timely fashion.” [11] In Re Fionda (A Minor) [2018] NIQB 51, Sir Anthony Hart commented: “When a prospective applicant for judicial review is already well outside the three month period within which ......
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Tracey's (Martin) Application (Leave Stage)
...funding alone would given rise to a ‘good reason’ under Order 53 rule 4 in Re Watterson [2021] NIQB 16. [18] In Re Fionda (A Minor) [2018] NIQB 51, Sir Anthony Hart commented: “When a prospective applicant for judicial review is already well outside the three month period within which Order......