|Date:||08/06/2009 19:07:24 UTC|
The judgment is available in full on the Belfast Telegraph website at:
> -----Original Message-----
> From: Tettenborn, A [mailto:A.M.Tettenborn@exeter.ac.uk]
> Sent: 08 June 2009 17:08
> To: firstname.lastname@example.org
> Subject: omagh
> Apart from the findings of fact and their obvious political
> implications, there are a couple of other features of the Omagh
> bombing judgment of Morgan J in the NI High Court today that seem
> interesting. According to a number of news reports, inc the BBC:
> 1. He ordered punitive damages. Now, as far as I can see this case
> can't have come within the Rookes v Barnard criteria of either (a)
> oppressive action by the state, or (b) a tort committed with a view to
> profit. If so it may be that the point left open by Browne-Wilkinson
> in Kuddus -- i.e. whether these restrictions remain after the removal
> of the "cause of action" rule -- has been dealt with.
> 2. He seems to have awarded damages against the Real IRA as well as
> against the individual Fenians. This outfit presumably is an
> unincorporated organisation (the mind boggles at a memorandum of
> association saying Purposes of company -- terrorism and murder): I'd
> be fascinated to know on what theory he allowed an organisation to be
> sued that in law doesn't exist.
> No doubt we'll have to wait for further elucidation until we see the
> text. Or does anyone in the Group have it?
> Best (and now back to the grading).
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