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

Senior government lawyer quits over Brexit plans – BBC News

‘The government’s most senior lawyer is to quit his post over plans which could modify the Brexit withdrawal agreement.’

Full Story

BBC News, 8th September 2020

Source: www.bbc.co.uk

New Judgment: Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland) [2020] UKSC 36 – UKSC Blog

‘The appeal related to a restrictive covenant given by the developer of a shopping centre in a lease that it granted to a retailer over part of the centre. In giving the covenant the developer and later Peninsula each undertook not to allow any substantial shop to be built on the rest of the centre in competition with the Dunnes. Peninsula then argued that the covenant engaged the doctrine of restraint of trade; that it was unreasonable; and that it was therefore unenforceable. The appeal to the Supreme Court concerned whether the covenant engages the doctrine.’

Full Story

UKSC Blog, 19th August 2020

Source: ukscblog.com

Case Comment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog

‘On 13 May 2020, the Supreme Court handed down judgment in the case of R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19. The case, on appeal from the judgment of the Court of Appeal of Northern Ireland [2018] NICA 8, concerned the challenge by Gerry Adams, former leader of Sinn Féin, to his convictions for attempted escape from the Maze Prison (also known as Long Kesh) in Belfast in the early 1970s. The issue in the case was whether the order pursuant to which Mr Adams was interned in the Maze was valid, given that it had been made by the Minister of State for Northern Ireland and had not been considered personally by the Secretary of State for Northern Ireland himself. The Supreme Court held that it was not valid, that Mr Adams had therefore not been detained lawfully, and consequently, that he had been wrongly convicted of attempting to escape from lawful custody. The Supreme Court duly quashed Mr Adams’ convictions.’

Full Story

UKSC Blog, 18th August 2020

Source: ukscblog.com

Case Preview: R v Hilton (Northern Ireland) – UKSC Blog

Posted June 30th, 2020 in confiscation, news, Northern Ireland, proceeds of crime, Supreme Court by sally

‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is expected to be handed down tomorrow, 1 July 2020, in the matter of R v Hilton (Northern Ireland).’

Full Story

UKSC Blog, 30th June 2020

Source: ukscblog.com

One Kingdom but four nations emerging from lockdown at four different rates under four different laws – UK Police Law Blog

Posted June 2nd, 2020 in coronavirus, news, Northern Ireland, regulations, Scotland, Wales by sally

‘Laws which criminalise what would otherwise be normal daily life and which the police must enforce must be clear, unambiguous, fair and fairly applied, logical and proportionate to the public health imperative. The purpose of this blog post is to illustrate the difficulties with the amended legislation, the inconsistencies between the laws of the four nations of the UK, as well as the problems of enforcement by the police. Whatever the problems with the legislation, whatever the high profile breaches, people must socially distance and must wear masks when unable to do so. The coronavirus is not going away soon, or perhaps ever. It may be joined by other novel viruses and human life may have to change.’

Full Story

UK Police Law Blog, 2nd June 2020

Source: ukpolicelawblog.com

New Judgment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog

Posted May 14th, 2020 in detention, news, Northern Ireland, Supreme Court, terrorism by sally

‘Under the Detention of Terrorists (Northern Ireland) Order 1972, art 4 an Interim Custody Order was made where the Secretary of State considered that an individual was involved in terrorism. On foot of an ICO, the person was taken into custody and had to be released within 28 days, unless the Chief Constable referred the matter to the Commissioner, who had the power to make a detention order if satisfied that the person was involved in terrorism.’

Full Story

UKSC Blog, 13th May 2020

Source: ukscblog.com

Gerry Adams wins appeal against Maze Prison escape convictions – BBC News

‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’

Full Story

BBC News, 13th May 2020

Source: www.bbc.co.uk

New Judgment: A Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2020] UKSC 2 – UKSC Blog

‘This appeal arose as a result of an application made by the Attorney General for Northern Ireland under the Northern Ireland Act 1998, Schedule 10 paragraph 34. Paragraph 34 provides that the Attorney General may refer to the Supreme Court any devolution issue which is not the subject of proceedings. A devolution issue includes a question whether a purported exercise of a function by a Northern Ireland Department is or would be invalid by reason the 1998 Act, s.24. S. 24(1)(a) provides that a Department of Northern Ireland has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act is incompatible with any of the rights guaranteed by the European Convention on Human Rights.’

Full Story

UKSC Blog, 5th February 2020

Source: ukscblog.com

Guildford pub bomb police face High Court threat over files – BBC News

Posted January 22nd, 2020 in documents, explosives, inquests, news, Northern Ireland, police, terrorism by sally

‘Lawyers in the Guildford pub bombing inquest have threatened Surrey Police with High Court action over archives removed from a history centre.’

Full Story

BBC News, 22nd January 2020

Source: www.bbc.co.uk

Guildford pub bomb inquest family ‘never going to get justice’ – BBC News

‘A woman who lost her soldier sister in the Guildford pub bombings has said her family are “never going to get justice” even though the inquest has resumed.’

Full Story

BBC News, 18th December 2019

Source: www.bbc.co.uk

State accountability for killings of civilians by soldiers in Northern Ireland: can the UK duck out? – Red Lion Chambers

‘On Nov 11, 2019, the Conservative Party announced rather unclear plans to take legal steps to ensure that inquest juries in Northern Ireland could not return verdicts of unlawful killing in relation to actions by UK soldiers (and presumably other state agents such as the RUC police) in operations during The Troubles. The plans also apparently include barring prosecutions for any alleged unlawful acts during such operations during The Troubles (there is no statute of limitations on serious criminal offences in the UK so this would be an entirely novel step).’

Full Story

Red Lion Chambers, 14th November 2019

Source: www.redlionchambers.co.uk

Tory plan to water down Human Rights Act to protect ex-soldiers would turn UK into pariah, experts warn – The Independent

Posted November 12th, 2019 in armed forces, human rights, inquests, news, Northern Ireland, prosecutions by sally

‘Conservative plans to water down the Human Rights Act – to prevent prosecutions of soldiers accused of murders in Northern Ireland – will make the UK a pariah, the party has been warned.’

Full Story

The Independent, 11th November 2019

Source: www.independent.co.uk

Anurag Deb: Identity: Northern Ireland’s Gordian Knot – UK Constitutional Law Association

‘ On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing commentators both in and outside Northern Ireland. Briefly, the UT had heard the Home Secretary’s appeal against the First-tier Tribunal (FTT) decision which had declared that the American claimant (respondent in the UT) was entitled to apply to reside in Northern Ireland under the EU Citizen’s Directive because his wife was permitted to self-identify as an Irish national in accordance with the provisions of the Good Friday Agreement (GFA). British nationality, the FTT declared, could not be “imposed” on her at birth, flying in the face of the British Nationality Act 1981 (BNA), section 1 of which, it was argued, does precisely that. The UT allowed the appeal and overturned the FTT judgment, revealing a tension which goes far beyond immigration law.’

Full Story

UK Constitutional Law Association, 17th October 2019

Source: ukconstitutionallaw.org

Emma De Souza: Home Office appeal of case is upheld – BBC News

‘People born in Northern Ireland remain British citizens according to the law, even if they identify as Irish, tribunal judges have determined.’

Full Story

BBC News, 14th October 2019

Source: www.bbc.co.uk

MPs call for 10-year limit on prosecution of soldiers – The Guardian

‘A 10-year “qualified statute of limitations” should be introduced to protect veterans and serving armed forces personnel from reinvestigation for alleged crimes, MPs have said.’

Full Story

The Guardian, 22nd July 2019

Source: www.theguardian.com

House of Lords passes amendment to help prevent no-deal Brexit – The Guardian

Posted July 18th, 2019 in bills, brexit, EC law, news, Northern Ireland, parliament, prorogation by tracey

‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’

Full Story

The Guardian, 17th July 2019

Source: www.theguardian.com