Great Northern Railway Board v Ministry of Home Affairs

JurisdictionNorthern Ireland
Judgment Date01 January 1962
Date01 January 1962
CourtCourt of Appeal (Northern Ireland)
Great Northern Railway Board
Ministry of Home Affairs

Award of compensation made by county court judge - Whether "decree, dismiss or order" in the exercise of a "jurisdiction at law" -Statutory jurisdiction - Whether judge sitting as an arbitrator - Civil Authorities (Special Powers) Act (Northern Ireland), 1922, s. 11 - County Court Amendment (Ireland) Act, 1882, s. 4.

A claim for compensation in respect of an alleged interference with a private right of property was referred to the county court under section 11 (2) of the Civil Authorities (Special Powers) Act (Northern Ireland), 1922. That subsection provided that claims for compensation, if not settled by agreement, "shall be referred for settlement to the county court or an arbitrator to be appointed by that court, and all questions in dispute shall be settled in accordance with such procedure as may be prescribed by rules . . ." The county court judge made an award against the Ministry of Home Affairs, whereupon the Ministry sought to appeal to the judge of assize. The successful claimant contended that no such appeal lay, on the ground that the award made by the county court judge was not a "decree, dismiss or order made in the exercise of a jurisdiction at law" within the meaning of section 4 of the County Court Amendment (Ireland) Act, 1882. Held, that the...

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