Lavery's (Robert) Application v Public Records Office NI
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Judgment Date | 12 February 2020 |
| Neutral Citation | [2020] NIQB 12 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 12 February 2020 |
1
Neutral Citation No: [2020] NIQB 12
ICOS 19/3163
Judgment: approved by the Court for handing
down
(subject to editorial corrections)*
Ref: McC11195
Delivered: 12/02/2020
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
__________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION BY ROBERT LAVERY
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
-v-
PUBLIC RECORDS OFFICE NI
__________
McCloskey LJ
Introduction
[1] This ruling determines the question of whether these proceedings should be
stayed and, if so, in what terms.
[2] By this application for judicial review Robert Lavery (the Applicant) seeks to
secure –
“… the inquest papers regarding the death of his son Sean
Lavery on 08 August 1993 from the Public Record Office of
Northern Ireland by way of an application under the Freedom of
Information Act 2000 (“FOIA”).”
The impugned decision is dated 21 November 2018. There are two proposed
respondents, namely the Public Record Office of Northern Ireland (“PRO”) and the
Department for Communities (“DFC”). The case has not progressed beyond the
leave stage.
History of these proceedings
[3] The litigation history is, in brief compass:
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