McCallion's Application (Anne-Marie) (No. 4)
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 27 April 2009 |
| Neutral Citation | [2009] NIQB 45 |
| Date | 27 April 2009 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2009 |
1
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
McCallion’s Application (Anne-Marie) (No. 4) [2009] NIQB 45
AN APPLICATION FOR JUDICIAL REVIEW BY ANNE-MARIE
McCALLION (No. 4)
________
WEATHERUP J
[1] This is an application for leave to apply for judicial review of a decision
of the Secretary of State of 20 November 2008 not to exercise his discretion to
make a payment to the applicant under Article 10(2) of the Criminal Injuries
Compensation (Northern Ireland) Order 1988 in respect of the death of her
husband, such payments being made where it would be in the public interest
to do so, although compensation is otherwise excluded under the Order by
reason of the terrorist convictions of the deceased. Mr McDonald QC and Ms
Doherty appeared for the applicant and Mr Maguire QC and Dr McGleenan
for the respondent, the Secretary of State.
[2] The applicant’s husband died as a result of a criminal injury in 1988
leaving the applicant and their children. The deceased had terrorist
convictions in 1978 for which he had received 18 years imprisonment.
Accordingly the applicant was excluded from the payment of criminal injury
compensation under Article 5(9) of the Order. The applicant applied for the
discretionary payment in the public interest under Article 10(2) of the Order
and was refused by the Secretary of State.
[3] There have been three previous applications for judicial review in
relation to this matter. Kerr J dismissed the applicant’s first application in
McCallion, McColgan and McNeills Applications [2001] NI 401. I dismissed
the applicant’s second application in McCallion, McColgan and McNeills
Applications [2004] NIQB 64. The applicant’s appeal to the Court of Appeal
was dismissed, [2005] NICA 21. In the third application Morgan J quashed the
Neutral Citation No.: [2009] NIQB 45 Ref:
WEA7496
Judgment: approved by the Court for handing down Delivered:
27/04/09
(subject to editorial corrections)*
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2 cases
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Caoimhin MacGiolla Cathain's Application
...(Corner House Research) v Director of the Serious Fraud Office (2008) UKHL 60 and the decision of Weatherup J in Re McCallion (No. 4) 14 [2009] NIQB 45 I consider that it would be inappropriate for the court itself to determine whether Article 7(2) had been breached. Insofar as the Committe......
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Reid's (Eileen) Application
...to ruling on the meaning or effect of the International Treaty. This was considered by Weatherup J in McCallion’s Application (No: 4) 2009 NIQB 45 at paragraphs [20]-[21] where he said: “[20] A domestic decision maker may purport to make his decision in accordance the terms of an unincorpor......