McGuigan's (Dolores) Application (Leave stage) and In the matter of a decision of the Department for Communities
| Jurisdiction | Northern Ireland |
| Judge | Rooney J |
| Judgment Date | 20 May 2022 |
| Neutral Citation | [2022] NIQB 38 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 20 May 2022 |
1
Neutral Citation No: [2022] NIQB 38
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: ROO11841
ICOS No: 21/8998/01
Delivered: 20/05/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
__________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
__________
IN THE MATTER OF AN APPLICATION BY DOLORES McGUIGAN
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
AND
IN THE MATTER OF A DECISION OF THE
DEPARTMENT FOR COMMUNITIES
__________
Mr Hugh Southey QC and Laura McMahon, BL (instructed by Phoenix Law)
for the applicant
Dr Tony McGleenan QC and Terence McCleave BL (instructed by Departmental
Solicitor) for the proposed respondent
__________
ROONEY J
Introduction
[1] This is an application in which the applicant seeks leave to challenge a
decision of the Department for Communities (“the Department”) dated 18 August
2021, by which it determined that consent should be refused under Regulation 12 of
the Burial Grounds Regulations (Northern Ireland) 1992 (SR 1992/238) (“the 1992
Regulations”) for the exhumation of the body of the applicant’s deceased husband;
and, relatedly, to challenge the Department’s policy entitled, ‘Revised Policy
Guidance on Exhumations’ (May 2021).
[2] The applicant wishes for the remains of her husband to be exhumed so that
they may be interred in the same grave as their daughter. The deceased’s mother,
who owns the exclusive rights of burial in the plot in which he deceased was buried,
has refused her consent to exhumation. Belfast City Council (“BCC”) who is the
owner of the relevant cemetery has indicated that consent is required on behalf of
the Department, the deceased’s nearest surviving relative and the owner of the
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