Source: All England Reporter
Publisher Citation: [2001] All ER (D) 298 (Dec)
Court: Court of Appeal, Civil Division
Judge:

Lord Phillips MR, Jonathan Parker and Dyson LJJ
Representation Christopher Clarke QC, Dinah Rose and Alan Roxburgh (instructed by John Tate) for the tribunal.
  Michael Lavery QC (NI), Seamus Treacy QC (NI) and Karen Quinlivan (NI) (instructed by Madden & Finucane) for various bereaved and wounded.
  Michael Mansfield QC (instructed by McDermott & McGurt, Londonderry and Desmond Doherty & Co, Londonderry) for the relatives of Bernard McGuigan, Alexander Nash and William Nash, deceased, and Daniel Gillespie and Michael Quinn.
  Eilis MacDermott QC (instructed by Barr & Co, Londonderry) for the relatives of Patrick Doherty, deceased.
  Declan Morgan QC (NI) and Brian Kennedy QC (NI) (instructed by Kearney Kelly, Brendan & Co, Londonderry) for Michael Bradley and Michael Bridge.
  Sir Louis Blom-Cooper QC and Henrietta Hill (instructed by Francis Keenan, Belfast) for the Northern Ireland Civil Rights Association.
  David Lloyd Jones QC, Michael Bools and Nicholas Moss (instructed by the Treasury Solicitor) for the soldier witnesses.
  Ian Burnett QC and William Hoskins (instructed by Barrie McKay) for the Ministry of Defence.
Judgment Dates: 19 December 2001

Catchwords

Tribunal - Tribunal of inquiry - Witness - Tribunal investigating 'Bloody Sunday' shootings in Northern Ireland - Tribunal ruling that serving and retired soldiers should give oral evidence before it in Northern Ireland ||Soldier witnesses fearing reprisals and asking to give evidence in London or elsewhere in Great Britain - Tribunal refusing soldiers witnesses' request - Whether tribunal's decision unreasonable or unfair - European Convention on Human Rights, art 2.

The Case

The tribunal holding the Bloody Sunday Inquiry had erred in ruling that a number of retired and serving soldiers who had fired live rounds in Londonderry on Bloody Sunday, and who were due to give oral evidence in the Inquiry, had to give their evidence in the Guildhall in Londonderry rather than in London or in some other venue in Great Britain.

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