From: Andrew.Dickinson@CliffordChance.com
To: A.M.Tettenborn@exeter.ac.uk
obligations@uwo.ca
Date: 08/06/2009 19:07:24 UTC
Subject: RE: omagh

The judgment is available in full on the Belfast Telegraph website at:


http://www.belfasttelegraph.co.uk/news/local-national/omagh-families-civ

il-action-judgment-in-full-14330851.html


Kind regards

Andrew


>  -----Original Message-----

> From:        Tettenborn, A [mailto:A.M.Tettenborn@exeter.ac.uk]

> Sent:        08 June 2009 17:08

> To:        obligations@uwo.ca

> Subject:        omagh

>

> Colleagues:

>

>

> 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).

>

> Andrew

>

> [CC]Office[/CC]

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