McDaid’s (John) Application

JurisdictionNorthern Ireland
JudgeGillen LJ
Judgment Date08 February 2016
Neutral Citation[2016] NICA 5
CourtCourt of Appeal (Northern Ireland)
Date08 February 2016
Year2016
1
Neutral Citation No. [2016] NICA 5
Ref:
GIL9860
Judgment: approved by the Court for handing down Delivered:
08/02/2016
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
McDaid’s (John) Application [2016] NICA 5
IN THE MATTER OF AN APPLICATION BY JOHN McDAID
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
________
Before: Gillen LJ and Weir LJ
________
GILLEN LJ (delivering the judgment of the Court)
Application
[1] The appellant in this matter, who was unrepresented, John McDaid, has
appealed against the decision of Horner J refusing him leave to apply for judicial
review of the decisions of Master Kelly dated 25 March 2014 and Deeny J dated
23 May 2014. He made it clear at the outset that he was proceeding before this court
only on the challenge to the decision of Master Kelly.
Background
[2] The Official Receiver (“OR”) as trustee in the bankruptcy of Marianne Colette
McDaid (the wife of the appellant), had instituted proceedings against the appellant
in respect of two properties at 4 Dundrum Park, Londonderry and 33 Frances Street,
Londonderry.
[3] During the course of those proceedings the case made on behalf of the OR
was that the appellant had transferred his title in the respective premises to
Gemma McDaid and Darcy McDaid, both of whom were subsequently added as
respondents to the proceedings.
[4] The background to all this was that in 2005 the appellant’s wife was the
owner of these two properties. In or around 4 November 2005 she transferred title to
the Dundrum premises from the joint names of both herself and her husband, the

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4 cases
  • Johnston's (Stuart Lee) Application
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 10 Mayo 2019
    ...[1982] All ER 634 and also the cases of The Law Society of 14 Northern Ireland v Monteith [2012] NICA 15 and McDaid’s Application [2016] NICA 5. (ii) The argument made by Dr McGleenan was that the decision was not unlawful or flawed in any way. He made the case that there is no evidence tha......
  • McAleenon's (Noeleen) Application
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 27 Febrero 2023
    ...constitute special circumstances.” [15] The Northern Ireland Court of Appeal dealt with alternative remedies more recently in Re McDaid [2016] NICA 5. In that case, the applicant, a personal litigant, 27 was refused leave to apply for judicial review of the decision of a Master of the High ......
  • Alpha Resource Management Limited Application for Judicial Review and in the matter of a decision of Belfast City Council
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • 19 Mayo 2022
    ...constitute special circumstances.” [15] The Northern Ireland Court of Appeal dealt with alternative remedies more recently in Re McDaid [2016] NICA 5. In that case, the applicant, a personal litigant, was refused leave to apply for judicial review of the decision of a Master of the High Cou......
  • Alpha Resource Management Limited's Application (Leave Stage) and in the matter of a decision of Belfast City Council
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 29 Diciembre 2021
    ...Re DPP’s Application. In particular, the Court of Appeal in this jurisdiction set out guidance in this field in Re McDaid’s Application [2016] NICA 5, in which Gillen LJ said the following at paragraphs [35]-[37]: “Judicial review is not the sole or immediate means of protection against leg......

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