MacDermott (Eamonn) and McCartneys’ (Raymond) Application
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ |
| Judgment Date | 08 February 2010 |
| Neutral Citation | [2010] NICA 3 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 08 February 2010 |
| Year | 2010 |
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Neutral Citation No. [2010] NICA 3
Ref:
MOR7746
Judgment: approved by the Court for handing down Delivered:
8/02/10
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_______
ON APPEAL FROM THE HIGH COURT OF JUSTICE
IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
______
MacDermott (Eamonn) and McCartneys’ (Raymond) Application
[2010] NICA 3
IN A MATTER OF AN APPLICATION FOR JUDICIAL REVIEW BY
EAMONN MacDERMOTT AND RAYMOND PIUS MCCARTNEY
______
MORGAN LCJ, GIRVAN LJ and COGHLIN LJ
_______
MORGAN LCJ (delivering the judgment of the court)
Introduction
[1] This is an appeal from a decision of Weatherup J in which he dismissed
the applicants’ claims that they had suffered a miscarriage of justice when
they were convicted of murder and other offences on 12 January 1979 and
were thereby entitled to compensation under section 133 of the Criminal
Justice Act 1998. Mr Larkin QC appeared that Mr Brolly for the first
appellant. Ms MacDermott QC appeared with Mr Sayers for the second
appellant and Mr Maguire QC appeared with Mr Scoffield for the respondent.
We are grateful to all counsel for their helpful written and oral arguments.
Background
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1 cases
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R (on the application of Ismail Ali, Kevin Dennis, Justin Tunbridge) v Secretary of State for Justice
...and Mr McCartney from the Court of Appeal in Northern Ireland: In re MacDermott's and McCartney's Application for Judicial Review [2010] NICA 3; [2010] NIJB 316. 3 In the wake of the decision in Adams the Administrative Court (Irwin J) ordered that five cases, including those of the appella......
2 books & journal articles
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The Supreme Court on Compensation for Miscarriages of Justice: Is it better that ten innocents are denied compensation than one guilty person receives it?
...the application of Adams)vSecretary of State for Justice [2009] EWCA Civ 1291,[2010] QB 460;Re MacDermott’s & McCartney’s Applications [2010] NICA 3.Compensation for Miscarriages of Justice© 2012 TheAuthors. The Modern Law Review © 2012The Modern Law Review Limited.388 (2012) 75(3) MLR in 2......
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Compensation for ‘Miscarriage of Justice’
...no conclusioncould be made as to whether the new facts would have led to a differentoutcome (MacDermott and McCartney’s Application [2010] NICA 3 at [15]).Both parties appealed to the Supreme Court arguing that they wereentitled to compensation.HELD, DISMISSINGA’S APPEAL AND ALLOWING THE AP......