In the matter of an application by C, A, W, M and McE for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 12 February 2008 |
| Neutral Citation | [2008] NIQB 17 |
| Year | 2008 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 12 February 2008 |
1
Neutral Citation no. [2008] NIQB 17 Ref:
KER7079
Judgment: approved by the Court for handing down Delivered:
12/02/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY C, A, W, M and McE
FOR JUDICIAL REVIEW
__________
Before Kerr LCJ, Campbell LJ and Girvan LJ
__________
KERR LCJ
[1] The Divisional Court gave judgment in these applications on
30 November 2007. Declarations were made (i) that monitoring in the form of
directed surveillance of each of the applicants’ legal or medical consultations
would be unlawful as infringing their rights under article 8 of the European
Convention on Human Rights and Fundamental Freedoms; and (ii) that the
refusal of the respondents to give the assurances that no monitoring of
communications between the applicants and their legal or medical advisers
would take place was unlawful.
[2] Although, therefore, the applicants have succeeded in the main thrust
of their applications, by notice dated 13 December 2007 they sought leave to
appeal to the House of Lords. On the hearing of the applications for judicial
review, it had been accepted by all the parties that the proceedings
constituted a criminal cause or matter for the purposes of Order 53. Leave to
appeal to the House of Lords is therefore governed by Section 41 of the
Judicature (Northern Ireland) Act 1978 which provides: -
“41 Appeals to House of Lords in other criminal
matters
(1) Subject to the provisions of this section, an
appeal shall lie to the House of Lords, at the
instance of the defendant or the prosecutor—
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