McNern (Jennifer) and Turley's (Brian) Application
| Jurisdiction | Northern Ireland |
| Judge | McAlinden J |
| Judgment Date | 21 August 2020 |
| Neutral Citation | [2020] NIQB 57 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 21 August 2020 |
1
Neutral Citation No: [2020] NIQB 57
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: McA11300
ICOS No: 2020/39793 &
2020/41070
Delivered: 21/08/2020
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY
MRS JENNIFER McNERN
Applicant
and
THE EXECUTIVE OFFICE
Respondent
and
THE SECRETARY OF STATE FOR NORTHERN IRELAND
Notice Party
and
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY
MR BRIAN TURLEY
Applicant
and
THE EXECUTIVE OFFICE
and
THE SECRETARY OF STATE FOR NORTHERN IRELAND
Respondents
AND IN THE MATTER OF DECISIONS OF THE EXECUTIVE OFFICE
AND
THE SECRETARY OF STATE FOR NORTHERN IRELAND
___________
Mr Danny Friedman QC with Mr David Heraghty (instructed by Higgins Hollywood
Deazley Solicitors) for the Applicant Mrs McNern
To continue reading
Request your trial
4 cases
-
Napier (Sean) Application for Judicial Review and in the matter of decisions of the First Minister of Northern Ireland; Junior Minister Middleton of the Executive Office; The Minister for the Economy; The Minister for Education; and the Minister for the Environment, Agriculture and Rural Affairs
...plain breach of what they know to be their legal obligations to participate in the Strand Two structures. [79] In Re McNern’s Application [2020] NIQB 57, McAlinden J warned (at paragraph [29]) that adherence to the principles embodied by the rule of law was fundamental in a society such as ......
-
Edward Rooney, JR181 (3) and Belfast City Council's Aplication and The Department for Environment, Food and Rural Affairs "DEFRA" and Derry City and Strabane District Council and Others
...NIQB 86 and [2021] NIQB 120 Mr Justice Scoffield concluded his judgment with the following passages: “[79] In Re McNern’s Application [2020] NIQB 57, McAlinden J warned (at paragraph [29]) that adherence to the principles embodied by the rule of law was fundamental in a society such as ours......
-
Donegan's (Chris) Application for Judicial Review
...this regard are flawed. However, it has been held in recent authorities in this jurisdiction – see, for example Re Turley’s Application [2020] NIQB 57 & [2021] NICA 10 that, in certain circumstances, an apparent discretionary power may import a positive duty. In the context of the Victims’ ......
-
O'Neill's (Hugh) Application (Leave stage)
...political history and was the subject matter of a significant decision in these courts in the case of McNern & Turley’s Application [2020] NIQB 57. In that case Mr Justice McAlinden was critical of the failure of the Executive Office to designate a Northern Ireland department to enable a bo......