Niland v Secretary of State
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1982 |
| Date | 01 January 1982 |
| Court | High Court (Northern Ireland) |
Soldiers attempting to tow stolen vehicle off mound of earth - Hook on tow rope became detached and injured soldier - Criminal Injuries (Compensation) (Northern Ireland) Order, 1977 (S.I. No. 1248 N.I. 65) Art.2 (2).
A stolen car was discovered on a large mound of earth at the site of a partially constructed car park. An army bomb disposal team was called to examine the car. The commander of the team concluded from the position of the car that it was likely that an explosive device had been placed in or under the car or in the earth mound. After an attempt to move the car by using a robot machine had failed, it was decided to pull the car down onto level ground where it could be investigated more safely. A hook on the end of a nylon rope was attached to the car and the other end of the rope was attached to an armoured vehicle and an attempt was made to tow the car off the mound. However the curve of the hook straightened at the tension and the hook flew back from the car, hit another armoured vehicle and then struck the applicant, who was one of the infantry escort accompanying the bomb disposal team, on the forehead, causing him very severe brain damage. It was later discovered that there was no bomb in the car or in the earth mound. The applicant claimed that his injury was a criminal injury within the meaning of the Criminal Injuries (Compensation) (Northern Ireland) Order, 1977, article 2 (2). Held that, (i) the applicant was injured as a result of the act of the commander of the bomb disposal team in trying to pull the car off the mound. It was not necessary for the purpose of article 3 (2) (a) of the Order of 1977 that the criminal injury be caused by the act of a criminal; alternatively, if it was, the applicant received his injury as a result of the...
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Adams v Secretary of State for Northern Ireland
...v. Secretary of StateDNI [1988] N.I. 560, Martin v. Ministry of Home AffairsDNI [1979] N.I. 172 and Niland v. Secretary of StateDNI [1982] N.I. 181 distinguished. 3. It was a question of fact whether the respondent's injury was "directly attributable" within the meaning of Article 2 (2). Th......