Jordan’s (Hugh) Applications (13/002996/1,13/002223/1,13/037869/1) Preliminary Issue
| Jurisdiction | Northern Ireland |
| Judge | Morgan LCJ,Girvan LJ,Gillen J |
| Judgment Date | 07 May 2014 |
| Neutral Citation | [2014] NICA 36 |
| Court | Court of Appeal (Northern Ireland) |
| Docket Number | MOR9275 |
| Date | 07 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 wasunable to reach a unanimous verdicton 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
decisionsand the applicant has lodged a cross appeal. The applicantsubmitted, as a
preliminary point, that it wasnot appropriate for theCoroner 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 QCand 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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2 cases
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Steponaviciene's (Jura) Application v One of the Coroners for Northern Ireland
...(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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Tohill’s (Robert) Application
...made good this point by reference to the very recent decision of the Court of Appeal in Re Jordan’s Applications (Preliminary Issue) [2014] NICA 36 in which it considered (and rejected) an objection to the participation of the coroner in adversarial judicial review proceedings, raised on th......