Her Majesty’s Principal Secretary of State for Communities and Local Government v Praxis Care and Persons Unknown
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 2015 |
| Neutral Citation | [2015] NICh 5 |
| Date | 11 February 2015 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No: [2015] NICh 5 Ref:
DEE9508
Judgment: approved by the Court for handing down Delivered:
11/02/2015
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_______
CHANCERY DIVISION
_______
2014 No. 51080
BETWEEN:
HER MAJESTY’S PRINCIPAL SECRETARY OF STATE
FOR COMMUNITIES AND LOCAL GOVERNMENT
Plaintiff;
-and-
PRAXIS CARE
And PERSONS UNKNOWN
Defendants.
________
DEENY J
[1] By these proceedings the plaintiff seeks to recover possession of the lands
known as the Walled Garden with associated offices and buildings situate at
Hillsborough Castle, Moira Road, Hillsborough in the County of Down on the
grounds that he is entitled to possession and that the persons there are in occupation
without licence or consent. A summons was issued on 15 May 2014 pursuant to
Order 113 r. 1 of the Rules of the Court of Judicature to that effect.
[2] Pursuant to case management by the court there was an exchange of
affidavits on behalf of both parties and, later, an exchange of skeleton arguments of
considerable assistance to the court. The matter was listed for hearing on 20
November 2014. On that occasion Mr David McMillan QC, who appeared with Mr
Keith Gibson for Praxis, sought leave to file and serve a further affidavit on behalf of
the Chief Executive of Praxis, Mr Nevin Ringland, in effect to answer a criticism of
his case made in the skeleton argument of Mr Craig Dunford, who appeared for the
Secretary of State. I gave leave for the filing of that affidavit, although I ordered the
defendant to be responsible for the costs thrown away. There was then a further
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...the Court to the case of Her Majesty’s Principal Secretary of State for Communities and Local Government v Praxis Care, persons unknown [2015] NICh 5 in which Deeny, J when considering the test applicable to the grant of an Order under Order 113, stated at paragraph [11], “The defendant mus......