R A’s Application
| Jurisdiction | Northern Ireland |
| Judge | Girvan J,McCloskey J,Coghlin LJ |
| Judgment Date | 21 September 2010 |
| Neutral Citation | [2010] NIQB 99 |
| Date | 21 September 2010 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2010 |
- 1 -
Neutral Citation No. [2010] NIQB 99
Ref:
GIR7934
Judgment: approved by the Court for handing downDelivered:
21/09/10
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
R A’s Application [2010] NIQB 99
IN THE MATTER OF THE JUDICIAL REVIEW APPLICATION BY
R A OF A DECISION TAKEN BY THE POLICE SERVICE
OF NORTHERN IRELAND
Morgan LCJ Girvan LJ and Coghlin LJ
GIRVAN LJ
Introduction
[1]
“Under our tentsI’ll play the eavesdropper
To hear if any mean to shrink from me”
Shakespeare: Richard III v. 3
It is unsurprising that amongst the malign characteristicsShakespeare
attributes to Richard IIIin his entirely negative portrayal were those of an
eavesdropper. In Shakespeare’s time and to this day eavesdropping was and
is regarded as an essentially objectionable invasion of the privacy which
citizens are entitled to expect and a trespass upon the personal space of
individuals who are entitledto be free fromprying ears and eyes. The
dangers to the integrity of society and of citizens’lives from eavesdropping or
in its more modern guise state surveillance were amply demonstrated in the
Fascist and totalitarian regimes of Europe whoseegregiousabuses of human
rights formed the backdrop to the European Convention on Human Rights
which was designed to prevent the re-emergence of such abuses. The horrors
of the snooping society in Nazi Germany portrayed in Brecht in Fear and
Misery in the ThirdReichwere with the advances in surveillance equipment
replicated in an even more sophisticated manner in East Germany, a society
in which a culture of all pervasive surveillance destroyed human
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2 cases
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JIH v News Group Newspapers Ltd
... ... 12 On 13 August 2010 the Claimant applied to Nicol J sitting in the interim applications court, for an interim Order before issuing proceedings. The application was supported by a witness statement from the Claimant. In it he set out the facts, and gave reasons for his fear that, unless an injunction was granted, he and other individuals would suffer distress and humiliation, and he explained the serious effect upon him and them that he feared might ... ...
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JXF v York Hospitals NHS Foundation Trust
... ... 1 Should the Court make an anonymity order in respect of the Claimant when approving a compromise by or behalf of a protected party? ... 2 I did make such an order in this case, and stated that I would give my reasons later. These are they. The application was made in relation to a hearing under CPR 21.10 for approval of a settlement ... 3 In this case the Claimant asked for an order that contained various provisions to ensure that his identity be not disclosed. These included that he be referred to only by the letters JFX in the documents ... ...