THE GOOD SAMARITAN BOMBING:
KRW LAW LLP represents the family of Eugene (Sean) Dalton, killed in The Good Samaritan Bombing in Derry on 31stAugust 1988.
Dorothy Johnstone, daughter of Sean Eugene Dalton, tragically died in September last year. She had at the time been appealing a decision of the High Court dismissing a Judicial Review application challenging the Attorney-General’s decision to refuse to direct a fresh inquest into Sean’s death.
The Court of Appeal today granted an application by Dorothy’s sister, Rosaleen Dalton, to continue the appeal after Dorothy’s untimely death. While the family are understandably delighted and relieved at this order, the decision of the Court of Appeal today has wider implications for Judicial Review applications in Northern Ireland.
The Court of Appeal confirmed that a person who dies while a Judicial Review in her or his name is proceeding may be substituted with her or his personal representative to continue the application. Although such orders are normally made with the consent of all sides in a Judicial Review, the Attorney-General had raised objections in this case, arguing that the Court of Appeal did not have the power to make this order, and that even if it did, such an order would not be appropriate in this context.
The Court of Appeal unanimously rejected the objections of the Attorney General. KRW LAW LLP wholeheartedly agree with and welcome the decision of the Court of Appeal, and look forward to the substantive appeal which is due to be heard in October of this year.