Oliver Hughes and the Department for Communities
| Jurisdiction | Northern Ireland |
| Judge | McCloskey LJ |
| Judgment Date | 05 October 2023 |
| Neutral Citation | [2023] NICA 60 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2023] NICA 60
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McC12280
ICOS No:
Delivered: 05/10/2023
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)
__________
BETWEEN:
OLIVER HUGHES
Appellant;
and
THE DEPARTMENT FOR COMMUNITIES
Respondent.
__________
Before: McCloskey LJ, Horner LJ and Huddleston J
__________
Mr Ronan Lavery KC and Mr Malachy Magowan (instructed by PA Duffy Solicitors) for
the Appellant
Mr Tony McGleenan KC and Ms Laura Curran (instructed by the Departmental Solicitor)
for the Respondent
__________
McCLOSKEY LJ (delivering the judgment of the court)
__________
INDEX
Subject Paragraph No
Overview 1
The Impugned Statutory Provision 2
Direct Rule Legislation in Northern Ireland 3-5
The Challenge 6
Factual Matrix 7-11
The First Instance Judgment 12-16
The Issues For This Court 17-20
This Court’s Assessment 21-29
The First Cross- Appeal Issue: Standing 30-36
The Second Cross-Appeal Issue: Delay 37-41
Disposal 42
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