Caoimhin MacGiolla Cathain's Application
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 08 July 2009 |
| Neutral Citation | [2009] NIQB 66 |
| Date | 08 July 2009 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2009 |
1
Neutral citation [2009] NIQB 66 Ref:
TRE7587
Judgment: approved by the Court for handing down Delivered:
8/7/09
(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 CAOIMHIN MacGIOLLA
CATHAIN FOR JUDICIAL REVIEW
AND IN A MATTER OF A DECISION BY THE NORTHERN IRELAND
COURT SERVICE
AND IN THE MATTER OF THE ADMINISTRATION OF JUSTICE
(LANGUAGE) ACT (IRELAND) 1737
_________
TREACY J
Introduction
[1] By this application the applicant seeks relief against the Northern
Ireland Court Service (“the respondent”) in respect of its decision of the 20
February 2008 refusing the applicant permission to lodge a court application
for an occasional liquor licence drafted in the Irish language.
[2] The grounds upon which the applicant has been granted leave to apply
for judicial review are, in summary, first, that the Administration of Justice
(Language) Act (Ireland) 1737 (“the 1737 Act”) – which requires that, in
Northern Ireland, all court proceedings and associated documents be in the
English language – is incompatible with the European Charter for Regional
and Minorities Language (“the Charter”), specifically Article 7(2), and as such
is in breach of his legitimate expectation that the UK will act consistently with
its international legal obligations under the Charter; and secondly that the
prohibition under the 1737 Act of any language other than English in Courts
breaches his rights under the European Convention on Human Rights and
Fundamental Freedoms (“ECHR”) and specifically Article 14 taken together
with Article 6.
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2 cases
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Reid's (Eileen) Application
...of State for the Home Department ex parte Brind [1991] 1 AC 696 at 761-2. [37] In Re MacGiolla Cathain’s Application for Judicial Review [2009] NIQB 66 Treacy J said at paragraphs [31]-[33] of his judgment: “[31] In respect of the first ground of challenge grounded in the alleged breach of ......
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Belkovic (Marek) v Dr Toal and BHST
...(Language) Act (Ireland) 1737 and also the decisions of Treacy J Cathain (Caoimhin Mac Giolla) v The Northern Ireland Court Service [2009] NIQB 66 and the decision of the Court of Appeal in the same case under citation [2010] NICA 24. [8] The standards of fairness which are to be applied ar......