McEvoy's (John) Application
| Jurisdiction | Northern Ireland |
| Judge | Keegan LCJ |
| Judgment Date | 26 October 2023 |
| Neutral Citation | [2023] NICA 66 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 66
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: KEE12299
ICOS No: 2017/65900/01
Delivered: 26/10/2023
IN HIS MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
___________
ON APPEAL FROM THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
KING’S BENCH DIVISION (JUDICIAL REVIEW)
IN THE MATTER OF AN APPLICATION BY JOHN McEVOY
FOR JUDICIAL REVIEW
___________
Tony McGleenan KC with Ben Thompson BL (instructed by Crown Solicitor’s Office) for
the Appellant
Hugh Southey KC with Malachy McGowan BL (instructed by Phoenix Law Solicitors) for
the Respondent
___________
Before: Keegan LCJ, Horner LJ, Kinney J
___________
KEEGAN LCJ (delivering the judgment of the court)
Introduction
[1] This is an appeal from a judgment of Mr Justice Humphreys (“the trial
judge”) of 31 March 2023. The court awarded the respondent damages in the sum of
£10,000 against the Chief Constable of the Police Service of Northern Ireland,
Human Rights (“ECHR”) in relation to his failure to ensure a prompt, effective
investigation into a shooting incident in 1992 of which the respondent was a victim.
Background
[2] The factual background is set out judgment of Humphreys J delivered on
7 October 2022 wherein he found a breach of articles 2/3 of the ECHR. That finding
has not been appealed. In addition, a formal declaration was agreed in the following
terms:
“The Respondent has not carried out an investigation in
Convention on Human Rights and Fundamental
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