Frizzell, Patrick as personal representative of Brian Frizzell and (1)The Chief Constable of the Police Service of Northern Ireland (2) The Ministry of Defence (3)Secretary of State for Defence (4) Alan Oliver (5) Anthony McNeill (6) Thomas Harper
| Jurisdiction | Northern Ireland |
| Judge | Master Bell |
| Judgment Date | 30 July 2021 |
| Neutral Citation | [2021] NIMaster 8 |
| Court | High Court (Northern Ireland) |
| Date | 30 July 2021 |
1
Neutral Citation : [2021] NIMaster 8
Ref:
2021 NIMaster8
Judgment: approved by the Court for handing down
Delivered:
30/07/21
(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 Frizzell
as personal representative of Brian Frizzell (deceased)
Plaintiff
and
(1) The Chief Constable of the Police Service of Northern Ireland
(2) The Ministry of Defence
(3) Secretary of State for Defence
(4) Alan Oliver
(5) Anthony McNeill
(6) Thomas Harper
Defendants
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Master Bell
[1] Brian Frizzell was murdered on 28 March 1991. The plaintiff has
instituted civil proceedings against various defendants in connection with his
brother’s death. The action falls into a category often described as “legacy
litigation”.
[2] The fourth, fifth, and sixth defendants did not enter an appearance to
these proceedings and default judgment was entered against them on 26 April
2021, ordering that they should pay damages to be assessed together with
costs. The proceedings against the first, second and third defendants are
continuing.
[3] Order 37 Rule 3 of the Rules of the Court of Judicature (Northern
Ireland) 1980 provides:
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