Jordan’s (Hugh) Applications (13/002996/1,13/002223/1,13/037869/1) Preliminary Issue

JurisdictionNorthern Ireland
JudgeMorgan LCJ,Girvan LJ,Gillen J
Judgment Date07 May 2014
Neutral Citation[2014] NICA 36
CourtCourt of Appeal (Northern Ireland)
Docket NumberMOR9275
Date07 May 2014
1
Neutral Citation No. [2014] NICA 36
Ref:
MOR9275
Judgment: approved by the Court for handing down
Delivered:
07/05/2014
(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)
________
Jordan’s (Hugh) Applications [2014] NICA 36
IN THE MATTER OF THREE APPLICATIONS BY HUGH JORDAN FOR
JUDICIAL REVIEW
JORDAN’S APPLICATIONS 13/002996/1; 13/002223/1; 13/037869/1
PRELIMINARY ISSUE
Before: Morgan LCJ, Girvan LJ and Gillen J
_______
MORGAN LCJ (delivering the judgment of the court)
[1] The inquest into the death of Patrick Pearse Jordan concluded on 26 October
2012. The jury was unable to reach a unanimous verdict on a number of the issues in
contention. The deceased’s father (“the applicant”) lodged four separate judicial
review applications arising out of decisions made by the Coroner or the PSNI either
before or during the inquest. Following a conjoined hearing on 31 January 2014
Stephens J granted three of the applications for judicial review and quashed the
inquest verdict. Both the Coroner and the PSNI have lodged appeals against those
decisions and the applicant has lodged a cross appeal. The applicant submitted, as a
preliminary point, that it was not appropriate for the Coroner to participate as an
adversarial party in the judicial review proceedings and that he should not, in any
event, be permitted to bring an appeal. Mr MacDonald QC and Ms Quinlivan QC
appeared for the applicant, Mr Simpson QC and Mr Doran appeared for the Coroner
and Dr McGleenan QC appeared for the PSNI. We are grateful to all counsel for their
helpful oral and written submissions.

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7 cases
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    ...the two aforementioned orders. First, having considered the principles in Re Darley's Application[1997] NI 384 and Re Jordan's Application[2016] NI 107, [2014] Inquest LR 63 at [16]–[18] in particular, and having ascertained that the Coroner and the Ministry are not ad idem on the main issu......
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    ...(see Re Darley’s Applic ation [1997] NI 384). I refer also to the observations of the Court of Appeal in Re Jordan’s Application s [2016] NI 107, in which the coroner appealed against a first instance decision of the Hig h Court on judicial review quashing a jury inquest verdict. On behalf ......
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    ...Mr Doran QC and Mr Skelt appeared on behalf of the Coroner in accordance with the guidance of this court in Jordan’s (Hugh) Applications [2014] NICA 36 as to the role of the Coroner where his decision is the subject of judicial review proceedings. Mr McGleenan QC and Mr Colmer appeared on b......
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