THE Lord Chief Justice Sir Robert Carswell and Belfast coroner John Leckey are to be sued over an alleged failure to uphold a European Court directive.
Writs will be served on the pair and on High Court judge Sir Malachy Higgins later today.
The civil action is being taken by the family of Pearse Jordan (21), an unarmed IRA man shot dead by undercover RUC officers on the Falls Road, west Belfast, in 1992.
It is understood that it is the first time there has been an attempt to sue judicial officials under the Human Rights Act.
Last year the European Court of Human Rights ordered the British government to pay £10,000 each to the families of 10 IRA men, including that of Mr Jordan, and relatives of two civilians shot dead in controversial shootings between 1982 and 1992.
The court found that the men’s human rights were violated as a result of flawed inquest procedures following their deaths.
Despite the landmark ruling, the inquest into Mr Jordan’s death continues to be dogged by delays.
It was recently revealed, during a reserved judgment in an application for judicial review brought by Mr Jordan’s father Hugh, that members of the security forces involved in
controversial shootings will soon be compelled to give evidence at inquests.
In a summons being served on Sir Robert, Sir Malachy and Mr Leckey, Mr Jordan is seeking damages for the “frustration, distress and anxiety” caused by the failure to conduct a prompt hearing of the inquest into his son’s death.
It has been claimed that the delayed hearing of an appeal in the case has further delayed the hearing of an inquest.
Last night a solicitor from Madden and Finucane, who represents the Jordan family, said: “After a successful judgement from the European Court, the Jordan family might have expected some movement in investigating the circumstances surrounding the killing of their son.
“Since May 2001 they have seen no progress on the part of the government to address the failings identified by the European Court.”