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Re Savage and Other's Application

Northern Ireland Law Reports (Digests) Cited in 9 Precedent Map Related
JurisdictionNorthern Ireland
Judgment Date01 January 1991
Date01 January 1991
CourtQueen's Bench Division (Northern Ireland)
(Q.B.D.)
In re Savage and Other's Application

- Application to set aside order - Grounds on which order may be set aside - Proceedings relating to death by shooting in Gibraltar -Whether certificate issued by Secretary of State for Foreign and Commonwealth Affairs valid -Crown Proceedings Act, 1947 (c. 44), s. 40 (2) (b) (3) - Crown Proceedings (Northern Ireland) Order, 1981 (S.I. No. 233).

On 6 March, 1988, in the Crown colony of Gibraltar three active members of the Provisional IRA were shot dead by serving members of the British army. The applicants issued proceedings against the Ministry of Defence for damages for trespass and negligence on the part of the soldiers as servants and agents of the Ministry in causing the deaths. On 15 March, 1990, the Secretary of State for Foreign and Commonwealth Affairs issued a certificate of identical content in each action under section 40 (2) (b) and 40 (3) of the Crown Proceedings Act, 1947...

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6 cases
  • Adam v Minister for Justice
    • Ireland
    • Supreme Court
    • 5 April 2001
    ...1991 1 IR 249 HOGAN & MORGAN ADMINISTRATIVE LAW IN IRELAND 708–709 HUGHES, STATE V O'HANRAHAN 1986 ILRM 218 SAVAGE'S APPLICATION, RE 1991 NI 103 LEWIS JUDICIAL REVIEW IN PUBLIC LAW 283 PARA 9–060 DE SMITH, WOLFE & JOWELL JUDICIAL REVIEW OF ADMINISTRATIVE ACTION 667 PARA 15.025 R V SECRETA......
  • David Kelly, Julie Kelly, Tony Dalton, Mary Dalton, Sean Mooney, Grainne Mooney, Maire Forrestor, Rosalind Mathews v an Bord Pleanála, Ireland and The Attorney General
    • Ireland
    • High Court
    • 28 April 2022
    ...Law in Ireland (3 rd ed), Hogan and Morgan pp 708 to 709 under the heading “Appealing or setting aside the grant of leave” 25 [1991] NI 103 at p 26 R v Secretary Of State, Ex P Chinoy [1991] COD 381 27 Administrative Law: Judicial Review and Statutory Appeals (1994). At para 9.4 28 Emphases......
  • McDonnell v Brady
    • Ireland
    • Supreme Court
    • 31 October 2001
    ...1998 RSC O.84 r20(7) CIVIL LIABILITY ACT 1961 S6 CIVIL LIABILITY ACT 1961 S7 HILLIARD V PENFIELD ENTERPRISES LTD 1990 1 IR 138 SAVAGE, RE 1991 NI 103 AMERICAN CYANAMID COMPANY V ETHICON LTD 1975 1 AER 504 CAMPUS OIL V MIN FOR INDUSTRY 1983 2 IR 88 R V MIN FOR AGRICULTURE, EX-PARTE MONSANT......
  • Application by Anne Neill for Judicial Review
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 21 January 2008
    ...not to be brought merely on the footing that a respondent has a very powerful, even an overwhelming, case.” [5] In Savage’s Application (1991) NI 103 Carswell J set aside the grant of leave where a determination of a pure point of law was able to dispose of the applicant’s challenge to a ce......
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