A Wallace V Colin Robert Kennedy
| Jurisdiction | Northern Ireland |
| Judge | Carswell LCJ |
| Judgment Date | 25 June 2003 |
| Neutral Citation | [2003] NICA 25 |
| Year | 2003 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 25 June 2003 |
1
Neutral Citation No. [2003] NICA 25Ref:
CARF3956
Judgment: approved by the Court for handing downDelivered:
25.06.2003
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_________
BETWEEN:
A WALLACE
(Complainant) Appellant;
-and-
COLIN ROBERT KENNEDY
(Defendant) Respondent.
_____________
Before Carswell LCJ, Nicholson LJ and Campbell LJ
_________
CARSWELL LCJ
[1] This is an appeal by way of case stated against an order made by Mr
WA McNally, sitting as a deputy resident magistrate in North Antrim
Magistrates’ Court on 16 August 2002, whereby he dismissed a summons
brought against the respondent by the appellant, a chief inspector in the
Police Service of Northern Ireland, alleging a contravention on 11 June 2001
of a non-molestation order made on 24 January 2001, contrary to Article 25(a)
of the Family Homes and Domestic Violence (Northern Ireland) Order 1998
(“the 1998 Order").
[2] The order made on 24 January 2001, on the application of Natasha
Mildred Penny McClelland, was a non-molestation order under Article 20 of
the 1998 Order, whereby the respondent was forbidden, inter alia, to
intimidate, harass or pester the applicant. It was made by the resident
magistrate sitting in North Antrim Magistrates’ Court on an ex parte
application, pursuant to Article 23 of the 1998 Order, paragraphs (1) to (3) of
which provide as follows:
To continue reading
Request your trialUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
9 cases
-
Burns v Bank of Ireland
...FUNDAMENTAL FREEDOMS ART 6(1) PROCEEDS OF CRIME ACT 1996 CONSTITUTION ART 34.1 DK v CROWLEY, IRELAND & AG 2002 2 IR 744 WALLACE v KENNEDY 2003 NI 367 REGINA (M) v SECRETARY OF STATE FOR CONSTITUTIONAL AFFAIRS, LORD CHANCELLOR & ORS 2004 1 WLR 2298 MIN JUSTICE v DEVINE UNREP O'SULLIVAN 27.......
-
A Trust v M
... ... 43. In Wallace v Kennedy [2003] NICA 25, which involved a non-molestation order granted ... ...
-
JR131's Application
... ... , the decisions of the Court of Appeal in this jurisdiction in Wallace v Kennedy [2003] NI 367 and Murphy v Murphy [2018] NICA 15 make ... ...
-
LA v UJ and RF
...his attention was drawn to the age of RF (c) whether his attention was drawn to the decision of the Court of Appeal in Wallace v Kennedy [2003] NICA 25. In that case the Court of Appeal quoted with approval from Emergency Remedies in the Family courts, 3rd ed, para 15.93 that – “Orders whic......
Request a trial to view additional results