John Finucane and Mark Collins
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Neutral Citation | [2023] NICA 7 |
| Date | 20 January 2023 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 7
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE12023
ICOS No: 20/102241
Delivered: 20/01/2023
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
ON APPEAL FROM THE HIGH COURT IN NORTHERN IRELAND
Between:
JOHN FINUCANE
Plaintiff/Appellant
and
MARK COLLINS
Defendant/Respondent
___________
Mr Peter Girvan (instructed by Carson McDowell, Solicitors) for the Appellant
Mr Paul Bacon (instructed by Reavey & Co, Solicitors) for the Respondent
___________
Before: Keegan LCJ, Horner LJ and Colton J
___________
KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] This is an appeal from an interlocutory order made by McAlinden J (“the
judge”). Section 35(2)(g) of the Judicature (Northern Ireland) Act 1978 provides that
no appeal to the Court of Appeal shall lie without the leave of the judge or of the
Court of Appeal, from any interlocutory order or judgment made or given by a
judge of the High Court. The judge refused leave to appeal his order. By agreement
of the parties the court listed the appeal as a “rolled-up” hearing to deal with leave
and the substance of the matters raised.
Factual Background
[2] For the purposes of this interlocutory appeal we need only summarise the
factual background. The appellant is a member of Parliament for North Belfast
representing Sinn Fein. He is also a solicitor. The respondent is a member of the
Democratic Unionist Party and a councillor in the mid and east Antrim Borough
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