Case details

In the matter of an application by Hugh Jordan for Judicial Review (Northern Ireland)

Case ID: UKSC 2017/0159

Case summary

Issue(s)

Whether the appellant is permitted to bring a claim under the Human Rights Act 1998, alleging a breach of the requirement of promptness in an investigation into a death contrary to Article 2 of the European Convention on Human Rights, before the inquest has finally concluded.

Facts

Pearse Jordan was shot dead by a member of the Royal Ulster Constabulary on 25 November 1992. The inquest into his death was opened on 4 January 1995 and shortly thereafter adjourned. The appellant is Pearse Jordan’s mother, who has taken over various proceedings which have been pursued since the death of their son by his father, Hugh Jordan. In 2001 the European Court of Human Rights ruled that there had been a breach of Article 2 ECHR, which included the requirement to commence the inquest proceedings promptly, and for them to be pursued with reasonable expedition. Hugh Jordan was awarded damages which reflected the delay to that point. The inquest resumed in 2012 but has yet to conclude. In 2013, he issued proceedings for judicial review and obtained a declaration and damages in respect of the further delay between 2001 and 2012. On appeal from this order, the Court of Appeal ruled as a preliminary issue that a claim for damages for delay in breach of article 2 should not be brought until the inquest has finally been determined. The appeal and cross-appeal from the judge’s order were stayed until the conclusion of the inquest proceedings.

Judgment appealed

[2015] NICA 66

Parties

Appellant(s)

Teresa Jordan

Respondent(s)
  1. Coroners Service for Northern Ireland;
  2. Chief Constable Police Service of Northern Ireland;
  3. Department of Justice

Appeal

Justices

Lady Hale, Lord Reed, Lord Carnwath, Lord Lloyd-Jones, Lady Arden

Hearing start date

23 Oct 2018

Hearing finish date

23 Oct 2018

Watch hearing
23 Oct 2018 Morning session Afternoon session