Tweed's Application (David) (No. 2) In the matter of an application by David Tweed on his own behalf and on behalf of all other members of Dunloy LOL 496 for Judicial Review and In the decisions of the Parades Commission for Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Girvan J |
| Judgment Date | 19 November 2004 |
| Neutral Citation | [2004] NIQB 88 |
| Date | 19 November 2004 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2004 |
1
Judicial review – discovery of documents – documents referred to in affidavit –
relevance – Convention rights in issue – proportionality – relevant principles for
discovery in judicial review case involving proportionality
Neutral Citation no. [2004] NIQB 88
Ref:
GIRC5123
Judgment: approved by the Court for handing down
Delivered:
19/11/04
(subject to editorial corrections)
2004 No. 0107
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
IN THE MATTER OF AN APPLICATION BY DAVID TWEED ON HIS
OWN BEHALF AND ON BEHALF OF ALL OTHER MEMBERS OF
DUNLOY LOL 496 FOR JUDICIAL REVIEW
AND
IN THE DECISIONS OF THE PARADES COMMISSION
FOR NORTHERN IRELAND
________
GIRVAN J
[1] In judicial review proceedings brought by the applicant David Tweed,
suing on his own behalf and on behalf of members of the Dunloy Loyal Order
Lodge 496, the applicant seeks to quash a determination of the Parades
Commission for Northern Ireland (“the Parades Commission”) made on or
about 5 April 2004 concerning the public procession organised by Dunloy
LOL 496 for Easter Sunday 11 April 2004. The applicant also seeks a
declaration of incompatibility pursuant to section 4(2) of the Human Rights
Act 1998 in respect of section 8(6)(c) of the Public Processions (Northern
Ireland) Order 1998; a declaration that para 4.4 of the Parades Commission
Guidelines is unlawful, ultra vires and of no force and effect; and a
declaration that para 3.3 of the Parades Commission’s Procedural Rules is
unlawful, ultra vires and of no effect. The current application is an
application for specific discovery of the documents set out in the schedule to
the summons, the application being expressed to be made pursuant to order
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Tweed v Parades Commission for Northern Ireland
... ... Appellants: ... Nicholas Hanna QC ... David Scoffield ... (Instructed by Carson McDowell) ... be ordered for purposes of Mr Tweed's application for judicial review, to the extent that such ... thus of enabling courts to base their decisions on a sure foundation of fact. But the process of ... to be necessary in order to resolve the matter fairly and justly ... 4 Where a public ... disclosure to Mr Tweed, since there will be no reason not to do so. If they do appear to ... genuinely held relevant concerns of members of the local community. The Commission will also ... 15 Dunloy is a small village in north Antrim. It is ... The local Orange lodge Dunloy LOL 496 ("the lodge") has been established in the village ... the appellant gave notice to the police on behalf of the lodge of a proposed public procession to ... One of the members and other representatives of the Commission attended the ... ...