McCaughey and Quinn’s Application
| Jurisdiction | Northern Ireland |
| Judge | Deeny J |
| Judgment Date | 26 March 2010 |
| Neutral Citation | [2010] NICA 13 |
| Date | 26 March 2010 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2010 |
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Neutral Citation No. [2010] NICA 13 Ref:
DEE7798
Judgment: approved by the Court for handing down Delivered:
26/3/10
(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)
______
McCaughey and Quinn’s Application [2010] NICA 13
RE McCAUGHEY AND QUINN’S APPLICATION FOR LEAVE TO
APPLY FOR JUDICIAL REVIEW
______
HIGGINS LJ, COGHLIN LJ AND DEENY J
_______
DEENY J
[1] This is the judgment of the Court in an appeal from the decision of
Weatherup J reported as McCaughey and Quinn’s Application at [2009] NIQB
77. This was an application for leave to apply for judicial review arising out
of the intended inquest into the deaths in 1990 of Martin McCaughey and
Desmond Grew. The learned judge granted leave to bring judicial review
proceedings on one issue with regard to delay in holding the inquest contrary
to Rule 3 of the Coroners (Practice and Procedure) Rules (NI) 1963, as
amended. However, he refused leave to bring judicial review proceedings on
the alternative grounds: i) that the coroner was obliged to conduct the inquest
in a way which was compliant with Article 2 of the European Convention on
Human Rights and ii) to consider the issue of delay as a breach of Article 2.
[2] The applicants’ submissions were based on the decision of the
European Court of Human Rights in Silih v Slovenia [2009] ECHR 571
(brought to their attention by the Senior Coroner for Northern Ireland). This
was a decision of the Grand Chamber of the Court. The applicants
complained of the death of their son as the result of alleged medical
negligence. The death occurred before the ratification by Slovenia of the
European Convention on Human Rights, but the investigation of his death,
which was the subject of considerable delay, took place mainly after the date
of ratification. A principal issue in the proceedings was whether the
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6 cases
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Re McCaughey and another
...to follow the latter. Accordingly he refused the appellants the relief that they sought. 13 The Court of Appeal in Northern Ireland [2010] NICA 13 agreed with Weatherup J that McKerr was binding, even if inconsistent with Šilih. Indeed that much was conceded by Ms Quinlivan for the appellan......
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R (on the application of Keyu) v Secretary of State for Foreign and Commonwealth Affairs
... ... of the Grand Chamber judgment in Šilih , some members of this court adopted a somewhat modified position in the subsequent case of In re McCaughey (Northern Ireland Human Rights Commission intervening) [2011] UKSC 20 , [2012] 1 AC 725 ... In that case, by a majority of six to one, the Supreme ... ...
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Finucane (Geraldine) v The Secretary of State for Northern Ireland
...whether that separate and autonomous duty had arisen has been subject to substantial criticism. This Court, in McCaughey and Quinn [2010] NICA 13, declined to follow Silih. A number of passages in the judgment have proved prescient in light of the continued uncertainty about this extended A......
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Finucane v Secretary of State for Northern Ireland
...decided whether that separate and autonomous duty had arisen has been subject to substantial criticism. This court, in McCaughey and Quinn[2010] NICA 13, declined to follow Šilih. A number of passages in the judgment have proved prescient in light of the continued uncertainty about this ext......
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