R (Burns) v County Court Judge of Tyrone
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1961 |
| Date | 01 January 1961 |
| Court | Queen's Bench Division (Northern Ireland) |
(Q.B.D.)
R. (Burns)
and
County Court Judge of Tyrone
Adjudication obtained by fraud - Perjury by witness - Party seeking order acquitted of subornation of perjury -Whether certiorari will lie.
Subsequent to the granting of an affiliation order at petty sessions, two of the corroborating witnesses were convicted of perjury. The applicant for the order was herself charged with subornation of perjury but was acquitted. The party against whom the affiliation order had been made sought to have it quashed on certiorari on the ground that it had been obtained by fraud. Held, that where an order is obtained by perjured evidence, certiorari will lie whether or not the party obtaining the order was privy to the perjury. R. v. Ashford...
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15 cases
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Gordon v DPP
...ILRM 294 MURPHY V DPP 1989 ILRM 71 HOGAN & MORGAN ADMINISTRATIVE LAW IN IRELAND 3ED 1988 698 BURNS V COUNTY COURT JUDGE OF TYRONE 1960 - 1961 NI 167 ABENGLEN PROPERTIES, STATE V DUBLIN CORPORATION 1984 IR 381 1 7th day of June, 2002 byFENNELLY FENNELLY J. 2 The appellant was convicted in......
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R v West Sussex Quarter Sessions, ex parte Albert and Maud Johnson Trust Ltd
...see Rex v. Recorder of Leicester (1947) K.3. 726: or if one of the witnesses has committed perjury, see R. v. Tyrone County Court Judge (1961) N. I. 167. 30 Hitherto the cases have only gone to the extent of allowing central where the decision of the inferior Court is vitiated by fraud or ......
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R v Diggines, ex parte Rahmani
...Leicester, [1947] King's Bench 726; R. v. Ashford Kent Justices Ex parte Richley (No. 2), [1956] 1 Queen's Bench 167 and R. (Burns) v. County Court Judge of Tyrone, [1961] Northern Ireland Reports, 167. But it has not yet been extended to cases where a tribunal has failed to observe a pri......
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R v Secretary of State for the Home Department, ex parte Al-Mehdawi
...followed in Reg, v. Recorder of Leicester, Ex parte Woods [1947] K.B. 726 and extended in Reg. (Burns) v. County Court Judge of Tyrone [1961] N.I. 167 to allow the quashing of an affiliation order obtained on the strength of perjured evidence of witnesses called to furnish the required cor......
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1 books & journal articles
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Table of Cases
...v. Quebec (Attorney General), [2001] 3 S.C.R. 9, 2001 SCC 66 ......................... 94 R. (Burns) v. County Court Judge of Tyrone, [1961] N.I. 167 ................... 175, 176, 178, 181 R. (Director of Revenue and Customs Prosecution) v. CCRC, [2007] 1 Cr. App. R. 384 .........................