New Judgment: R v Maughan (Northern Ireland) [2022] UKSC 13 – UKSC Blog

‘This appeal concerns the discount which convicted criminals in Northern Ireland are entitled to when they are sentenced.’

Full Story

UKSC Blog, 18th May 2022

Source: ukscblog.com

Court upholds ruling that Northern Ireland Protocol is lawful – The Independent

Posted March 15th, 2022 in appeals, brexit, international trade, news, Northern Ireland by tracey

‘The Northern Ireland Protocol is lawful, the Court of Appeal in Belfast has upheld. DUP leader Sir Jeffrey Donaldson said the legal challenge will now go to the Supreme Court.’

Full Story

The Independent, 14th March 2022

Source: www.independent.co.uk

Gay marriage-cake case declared inadmissible by Strasbourg Court – UK Human Rights Blog

‘Lee v. the United Kingdom (application no. 18860/19). The European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final.’

Full Story

UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

One date to rule them all: McQuillan, McGuigan and McKenna [2021] UKSC 55 – UK Human Rights Blog

Posted January 10th, 2022 in appeals, human rights, news, Northern Ireland, Supreme Court, torture by tracey

‘In one of its final decisions of 2021, McQuillan, McGuigan and McKenna, the UK Supreme Court addressed challenges to the effectiveness of police investigations into events which took place during the Northern Ireland conflict. The European Court has long maintained that the right to life (Article 2 ECHR) and the prohibition upon torture and inhuman and degrading treatment (Article 3 ECHR) carry with them positive obligations on the state to conduct effective investigations. These “legacy” cases not only draw the Courts into debates over some of the most contentious aspects of the Northern Ireland conflict, in particular the involvement of state agents in killings and the infliction of serious harms upon individuals, but they also pose questions about how human rights law applied in the context of Northern Ireland as a jurisdiction before the enactment of the Human Rights Act 1998.’

Full Story

UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

‘Gay cake’ row: man loses seven-year battle against Belfast bakery – The Guardian

‘ECHR says Gareth Lee’s case against bakery that refused to make cake with ‘support gay marriage’ message is inadmissible.’

Full Story

The Guardian, 6th January 2022

Source: www.theguardian.com

Ashers ‘gay cake’ case: European court rules case inadmissible – BBC News

‘A gay rights activist has lost a seven-year discrimination dispute over a cake order as the European Court of Human Rights ruled his case inadmissible.’

Full Story

BBC News, 6th January 2022

Source: www.bbc.co.uk

The investigative duty and ‘historic’ allegations – when is the duty engaged? – UK Police Law Blog

‘In the same week that Dominic Raab unveiled his proposals for a new Bill of Rights, Parliament’s intent when it enacted the existing human rights framework has also been the subject of scrutiny by the Supreme Court. In the matter of an application by Margaret McQuillan for Judicial Review (Northern Ireland) (Nos 1, 2 and 3) [2021] UKSC 55, the Court has provided guidance on three key matters: the extent to which the investigative duty under articles 2/3 of the European Convention of Human Rights is engaged in pre-commencement deaths (the ‘Temporal Scope Issue’); when new evidence revives the investigative obligation (the ‘Brecknell Issue’); and how courts assess the independence of investigations (the ‘Independence Issue’).’

Full Story

UK Police Law Blog, 20th December 2021

Source: ukpolicelawblog.com

Supreme Court to rule on investigation into ‘hooded men’ case – The Independent

Posted December 15th, 2021 in appeals, armed forces, news, Northern Ireland, Supreme Court, torture by tracey

‘The Supreme Court in London will rule later on whether the Police Service of Northern Ireland is sufficiently independent to carry out an investigation into the case of the “hooded men”.’

Full Story

The Independent, 15th December 2021

Source: www.independent.co.uk

Ban on Troubles prosecutions ‘legally dubious and morally corrupt’, says Hain – The Independent

Posted November 30th, 2021 in bills, homicide, inquests, news, Northern Ireland, prosecutions by tracey

‘Controversial plans to ban prosecutions for Troubles murders are “legally dubious, constitutionally dangerous and morally corrupt”, a former Northern Ireland secretary has said.’

Full Story

The Independent, 29th November 2021

Source: www.independent.co.uk

Rehabilitation and retribution: In re JR123’s application – UK Human Rights Blog

‘What happens when someone is convicted of a criminal offence and is given a custodial sentence? Sometimes, the individual will serve at least part of their sentence in prison and the remainder on licence. But, what happens after they’ve served the totality of their sentence?’

Full Story

UK Human Rights Blog, 12rh November 2021

Source: ukhumanrightsblog.com

Racial discrimination on Northern Circuit “legitimised by silence” – Legal Futures

‘More than half of ethnic minority barristers on the Northern Circuit have experienced racial discrimination at the Bar, legitimised by the “silence and inaction” of others, research has found.’

Full Story

Legal Futures, 15th November 2021

Source: www.legalfutures.co.uk

Will the UK trigger article 16 – and what will happen if it does? – The Guardian

Posted November 5th, 2021 in brexit, EC law, news, Northern Ireland by michael

“Fears are growing that the UK will trigger article 16 of the Northern Ireland protocol, potentially rupturing the already strained relations with the EU. If talks with the EU collapse, it is expected just after Cop26 in seven days’ time.”

Full Story

The Guardian, 5th November 2021

Source: www.theguardian.com

MI5 undercover agent policy held lawful – UK Human Rights Blog

‘In Privacy International & Ors v Secretary of State for Foreign And Commonwealth Affairs & Ors [2021] EWCA Civ 330, the Court of Appeal held that the policy which authorises officers of the Security Service (MI5) to run undercover agents who participate in the commission of criminal offences is lawful.’

Full Story

UK Human Rights Blog, 26th March 2021

Source: ukhumanrightsblog.com

Brexit: EU launches legal action against UK over ‘serious’ Northern Ireland protocol breach – The Independent

Posted March 16th, 2021 in brexit, international trade, news, Northern Ireland, treaties by tracey

‘Brussels has launched legal action against the UK government after Boris Johnson announced he would renege on parts of the deal he signed last year.’

Full Story

The Independent, 15th March 2021

Source: www.independent.co.uk

Brexit: DUP launches court challenge to Northern Ireland protocol – The Independent

Posted February 22nd, 2021 in brexit, EC law, judicial review, news, Northern Ireland by tracey

‘DUP leader Arlene Foster has launched legal action to challenge the Northern Ireland protocol amid unionist anger over post-Brexit trade disruption. The judicial review proceedings will argue that the new checks on goods moving from Great Britain to Northern Ireland were imposed without the consent of the public.’

Full Story

The Independent, 22nd February 2021

Source: www.independent.co.uk

EU Commission issues “Notice to Stakeholders” on Brexit and State aid – EU Relations Law

Posted January 22nd, 2021 in brexit, EC law, Ireland, news, Northern Ireland, state aids by sally

‘In this post, George Peretz Q.C. of Monckton Chambers examines the EU Commission’s “Notice to Stakeholders” dated 18 January 2021 regarding State aid.’

Full Story

EU Relations Law, 21st January 2021

Source: eurelationslaw.com

UK ministers face legal action over lack of abortion services in Northern Ireland – The Guardian

‘Northern Ireland’s human rights commission (NIHRC) has launched a landmark legal action against the UK government for its failure to commission safe and accessible abortion services more than a year after abortion was made legal in the country, the Guardian can reveal.’

Full Story

The Guardian, 10th January 2021

Source: www.theguardian.com

Civil partnership conversion for landmark gay couple – BBC News

Posted December 7th, 2020 in civil partnerships, equality, homosexuality, marriage, news, Northern Ireland by sally

‘Chris and Henry Flanagan-Kane were the first gay men in the UK to get a civil partnership back in 2005.’

Full Story

BBC News, 7th December 2020

Source: www.bbc.co.uk

Guildford pub bomb police took action to keep files closed – BBC News

‘The police force investigating the Guildford pub bombs has been accused of a conflict of interest after it took legal action to keep archives closed. More than 700 files on the 1974 IRA bombs had been due to open this year but were retained by the Home Office. Inquest papers have shown Surrey Police applied for the files to stay closed.’

Full Story

BBC news, 2nd December 2020

Source: www.bbc.co.uk

Brexit: EU launches legal action against UK for breaching withdrawal agreement – The Guardian

‘The EU has launched legal action against the UK after Boris Johnson failed to respond to Brussels’ demand that he drop legislation that would overwrite the withdrawal agreement and break international law.’

Full Story

The Guardian, 1st October 2020

Source: www.theguardian.com