LP’s Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 28 March 2014 |
| Neutral Citation | [2014] NIQB 40 |
| Court | Queen's Bench Division (Northern Ireland) |
| Docket Number | TRE9228 |
| Date | 28 March 2014 |
1
Neutral Citation No. [2014] NIQB 40 Ref:
TRE9228
Judgment: approved by the Court for handing down Delivered:
28/03/2014
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
_____________
LP’s Application [2014] NIQB 40
IN THE MATTER OF AN APPLICATION BY LP FOR LEAVE TO APPLY FOR
JUDICIAL REVIEW
AND
IN THE MATTER OF A DECISION OF THE HISTORICAL INSTITUTION
ABUSE INQUIRY
_____________
TREACY J
Introduction
1. By this application the applicant challenges the refusal of the Historical
Institutional Abuse Inquiry (the Inquiry) to provide her with a copy of her statement
to the Acknowledgement Forum. However there is no statement as such and what
the applicant in substance seeks is a copy of the evidence she gave to the
Acknowledgement Forum. The central issue in this leave application is whether, as
the applicant asserts, she has a right to a copy of the Inquiry record of what she said
to the Acknowledgement Forum and whether the Inquiry is subject to the
concomitant duty to provide her with a transcript thereof or a disc.
Background
2. The applicant avers that she was subjected to physical and physcological
abuse in Nazareth House during her time in care there between 1971 -1976. She has
commenced proceedings seeking damages in respect of this alleged abuse.
3. Over a number of months the applicant’s solicitor engaged in correspondence
with the Inquiry with a view to obtaining a copy of the “statement” she made to the
Acknowledgement Forum when she attended on 7th November 2012 to give her
account confidentially and in private. These requests have been refused. The
rationale for the refusal was set out in a letter from the solicitor to the Inquiry dated
25th March 2013 and, following a renewed request from the applicant’s solicitor,
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Hoy’s (Gary) Application
...Rules are materially similar to the Inquiries Act 2005 and Inquiry Rules 2006. [13] The HIA Inquiry has two separate limbs. This Court ([2014] NIQB 40) and the Northern Ireland Court of Appeal ([2014] NICA 67) reviewed the first limb, the private and confidential Acknowledgement Forum, in L......