Advancing human rights and equality
through public interest litigation

Email  Twitter

In the Matter of an Application by Theresa Jordan for Judicial Review [2018] NICA 34

In this case, the applicants sought to challenge the verdict of a coroner through judicial review.
Pearse Jordan was shot and killed on 25th November 1992 by a member of the Royal Ulster Constabulary. He was 22 years old. The investigation into his death has been the subject of a number of inquests.
The applicant argued that the coroner had failed to discharge his responsibilities by concluding that ‘it is now impossible with the passage of time to say with any certainty what happened on that fateful afternoon’.
The High Court dismissed the application as an arguable case with a reasonable prospect of success had not been made out.
The Court of Appeal also dismissed the appeal on all grounds, with Lord Justice Stephens saying:
‘We are satisfied the coroner demonstrated that he had striven hard to make a finding about the various issues and that he had explained the basis for his conclusion that it was not possible for him to do so.’ 
The Court said that the statutory obligation on the coroner is to consider whether something has or has not been proved on the balance of probabilities. This must also involve consideration as to whether the coroner is undecided as to whether something did or did not occur.
An article on the case from the Belfast Telegraph can be found here.

Local Developments