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.’
UKSC Blog, 18th May 2022
Source: ukscblog.com
Category: Northern Ireland
Court upholds ruling that Northern Ireland Protocol is lawful – The Independent
‘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.’
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.’
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
‘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.’
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.’
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.’
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’).’
UK Police Law Blog, 20th December 2021
Source: ukpolicelawblog.com
Supreme Court to rule on investigation into ‘hooded men’ case – The Independent
‘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”.’
The Independent, 15th December 2021
Source: www.independent.co.uk
Ban on Troubles prosecutions ‘legally dubious and morally corrupt’, says Hain – The Independent
‘Controversial plans to ban prosecutions for Troubles murders are “legally dubious, constitutionally dangerous and morally corrupt”, a former Northern Ireland secretary has said.’
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?’
UK Human Rights Blog, 12rh November 2021
Source: ukhumanrightsblog.com
Will the UK trigger article 16 – and what will happen if it does? – The Guardian
“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.”
The Guardian, 5th November 2021
Source: www.theguardian.com
Brexit: EU launches legal action against UK over ‘serious’ Northern Ireland protocol breach – The Independent
‘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.’
The Independent, 15th March 2021
Source: www.independent.co.uk
Brexit: DUP launches court challenge to Northern Ireland protocol – The Independent
‘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.’
The Independent, 22nd February 2021
Source: www.independent.co.uk
EU Commission issues “Notice to Stakeholders” on Brexit and State aid – EU Relations Law
‘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.’
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.’
The Guardian, 10th January 2021
Source: www.theguardian.com
Civil partnership conversion for landmark gay couple – BBC News
‘Chris and Henry Flanagan-Kane were the first gay men in the UK to get a civil partnership back in 2005.’
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.’
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.’
The Guardian, 1st October 2020
Source: www.theguardian.com
