Jordan's (Teresa) Application
| Jurisdiction | Northern Ireland |
| Judge | Deeny LJ |
| Judgment Date | 2018 |
| Neutral Citation | [2018] NICA 23 |
| Date | 25 May 2018 |
| Court | Court of Appeal (Northern Ireland) |
1
Neutral Citation No: [2018] NICA 23
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: DEE10643
Delivered: 25/5/2018
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
BY TERESA JORDAN
AND IN THE MATTER OF THE ISSUE OF DELAY IN CONDUCTING THE
INQUEST AND THE CORONER FOR NORTHERN IRELAND
________
Before: Deeny LJ, O’Hara J and McBride J
_________
DEENY LJ (delivering the judgment of the court)
[1] Teresa Jordan is the wife of Hugh Jordan who commenced proceedings,
No: 2013/2996 in the Queen’s Bench Division, seeking judicial review of a series of
matters arising out of the 2012 inquest into the death of their son Pearse Jordan. By
Order of the Court of Appeal of 1 May 2018 she has taken over carriage of the
proceedings and attended the hearing before us. These matters were heard at first
instance by Stephens J, as he then was, whose judgment is reported as Jordan’s
Applications [2014] NIQB 11.
[2] Both the Coroner and the Chief Constable of the Police Service of
Northern Ireland (“PSNI”) appealed against that decision in 2014 and Mrs Jordan
cross-appealed against certain matters in that judgment which were not in her
favour.
[3] These appeals and cross-appeal have been and are still being considered by
the Court of Appeal in Northern Ireland per Morgan LCJ, Sir Paul Girvan and
Sir John Gillen. However, that court found it necessary to direct the issue of alleged
culpable delay on the part of the then Senior Coroner and/or HHJ Sherrard, as he
now is (as Coroner) should be determined by a differently constituted Court of
Appeal. This judgment is concerned solely with the delay challenge. The issue of
damages, whether against the Chief Constable or, in the event of us finding against
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4 cases
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Re Jordan's Application for Judicial Review
...one month. 10 Both the Chief Constable's appeal and the claimant's cross-appeal were heard during 2018. The cross-appeal was dismissed: [2018] NICA 23. The appeal has not yet been 11 The delays in the investigation into Pearse Jordan's death, and the repeated litigation which has character......
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McGuigan’s (Francis) and McKenna’s (Mary) Application
...topics of res judicata and estoppel. These authorities were considered and commented on by this court in Teresa Jordan’s Applications [2018] NICA 23. For convenience I set out paragraphs [30] to [32] of that judgment: “[30] The issue of res judicata and cause of action estoppel was consider......
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McMahon's (Helen) Application
...promptitude in the issue of proceedings. But it can do so from time to time. The Court of Appeal held in Re Teresa Jordan’s Application [2018] NICA 23 that the doctrine of res judicata is applicable in public law proceedings: see paragraphs [26] and [31]. As Deeny LJ observed in delivering ......
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McMahon's (Helen) Application
...by Kerr J Murphy’s application. In making this argument Mr McGleenan relied upon the recent dicta of Deeny LJ in Re Jordan’s application 2018 NICA 23 and in particular: “Where a judge properly charged with an issue or cause of action has given judgment upon it, it is contrary to the public ......