Newry and Mourne District Council and Francis Hamill and the Attorney General for Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Keegan J |
| Neutral Citation | [2017] NIQB 94 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 26 May 2017 |
1
Neutral Citation No: [2017] NIQB 94
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: KEE10306
Delivered: 26/05/2017
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_________
QUEEN’S BENCH DIVISION
_________
ON APPEAL TO THE HIGH COURT FROM THE COUNTY COURT FOR THE
DIVISION OF ARMAGH AND SOUTH DOWN
BETWEEN:
NEWRY AND MOURNE DISTRICT COUNCIL
Plaintiff/Respondent;
-and-
FRANCIS HAMILL
Defendant/Appellant.
AND THE ATTORNEY GENERAL FOR NORTHERN IRELAND
Notice Party.
__________
KEEGAN J
Introduction
[1 The subject matter of this case is a disputed public right of way. This ruling is
in relation to a preliminary issue as to whether settlement terms should be accepted
by the Court in the context of an appeal.
[2] The appeal is from the decision of His Honour Judge Finnegan QC sitting at
Newry County Court on 14 October 2014 whereby it was ordered that the following
substantive relief should be granted:
(1) A declaration that the laneway located on the Mulligan Reside Larkin
map 13599 dated November 2009 (the 2009 map) which is attached
hereto and the said laneway being marked in blue, which in part,
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