The mirror crack’d from side to side: Dalton’s application for judicial review [2023] UKSC 36 – UK Human Rights Blog

‘In Lord Tennyson’s Arthurian ballad ‘The Lady of Shalott’, the eponymous heroine is stranded in her island castle. Continually weaving a web in her loom of the reflections of the outside world she sees in her mirror, she knows she will be cursed if she stops and looks out to nearby Camelot. But one day, Sir Lancelot rides by her castle and she abandons her loom and looks outside. Her mirror cracks “from side to side” and she is cursed. She leaves her castle and floats down to Camelot in a boat, dying before she reaches it.’

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UK Human Rights Blog, 5th January 2024

Source: ukhumanrightsblog.com

Troubles legacy act: Ireland takes human rights case against UK – BBC News

‘The Irish government is to begin a legal challenge against the UK government over its decision to offer immunity for Troubles-era crimes.’

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BBC News, 20th December 2023

Source: www.bbc.co.uk

Supreme Court decision represents seismic shift in law on holiday pay – Exchange Chambers

‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’

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Exchange Chambers, 31st October 2023

Source: www.exchangechambers.co.uk

Are there any circumstances in which professional indemnity insurers will indemnify insured persons in respect of a loss of fees? – Hailsham Chambers

Posted October 19th, 2023 in chambers articles, fees, indemnities, insurance, news, Northern Ireland, solicitors by sally

‘This was the broad question which confronted the Court of Appeal in RSA v. Tughans [2023] EWCA Civ 999, and the unanimous answer was Yes. The case is of interest both because of the result and because of the importance accorded by the Court to the policy underlying compulsion on professionals to have at least a specified minimum level of professional indemnity insurance.’

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Hailsham Chambers, 4th September 2023

Source: www.hailshamchambers.com

UK Supreme Court backs worker-friendly underpayment ruling – OUT-LAW.com

Posted October 12th, 2023 in holiday pay, news, Northern Ireland, police, remuneration, Supreme Court by sally

‘The UK’s Supreme Court has backed a Northern Ireland court’s earlier ruling that makes it easier for workers to raise claims for unpaid holiday pay that stretch back over a period of time.’

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OUT-LAW.com, 11th October 2023

Source: www.pinsentmasons.com

Holiday pay ruling ‘entitles many UK workers to thousands in unfairly deducted wages’ – The Guardian

Posted October 5th, 2023 in holiday pay, news, Northern Ireland, police, remuneration, Supreme Court by sally

‘Many UK workers could be entitled to thousands of pounds “unfairly” deducted from their pay after a supreme court decision, according to unions.’

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The Guardian, 4th October 2023

Source: www.theguardian.com

New Acts – legisation.gov.uk

Posted September 22nd, 2023 in contract of employment, employment, legislation, Northern Ireland, terrorism by tracey

2023 c. 46 – Workers (Predictable Terms and Conditions) Act 2023

2023 c. 41 – Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Source: www.legislation.gov.uk

Troubles legacy bill enters law after receiving Royal Assent – BBC News

Posted September 20th, 2023 in bills, judicial review, news, Northern Ireland, terrorism, victims by sally

‘The government’s controversial Troubles legacy bill has received Royal Assent and entered into law.’

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BBC News, 19th September 2023

Source: www.bbc.co.uk

Northern Ireland Troubles: Controversy Legacy Bill passes through Commons – BBC News

Posted September 7th, 2023 in armed forces, bills, immunity, inquests, news, Northern Ireland by sally

‘The government’s controversial Legacy Bill has passed after a vote in Westminster, despite widespread opposition in Northern Ireland.’

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BBC News, 6th September 2023

Source: www.bbc.co.uk

The Good Friday Agreement and the European Convention on Human Rights – UK Human Rights Blog

Posted August 30th, 2023 in brexit, government departments, human rights, news, Northern Ireland by sally

‘On 11 August, a piece from Professor Richard Ekins KC (Hon) set out a case for the UK denouncing the European Convention on Human Rights (ECHR) and leaving the treaty system altogether. One of the main arguments in favour of this is that it would “restore Parliament’s freedom, on behalf of the British people, to decide what our laws should be”. This marks one of the more recent such calls, amid a growing chorus of Ministers in the UK Government and Conservative Party MPs to leave the ECHR. Also, it should be noted that we have been here before. The constitutional aspects of such a move aside, there are particular reasons why it would impact Northern Ireland. While Northern Ireland does not feature in Professor Ekins’ 11 August piece, he has previously written about the interaction between the ECHR and the Good Friday Agreement 1998 (GFA), which underpins the modern devolution settlement in Northern Ireland and which brought an end to a brutal and deadly conflict. This interaction is the subject of this post.’

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UK Human Rights Blog, 29th August 2023

Source: ukhumanrightsblog.com

Protection of the public and the retrospective application of penalties – UK Human Rights Blog

‘On 29 November 2019 Usman Khan attended a rehabilitation event at Fishmongers’ Hall and stabbed five people, two fatally. On 2 February 2020 Sudesh Amman attacked two passers-by in Streatham High Road with a knife before being shot dead by police. Both men had previously been convicted of terrorism offences. Both men had been automatically released on licence halfway through their custodial sentences.’

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UK Human Rights Blog, 10th May 2023

Source: ukhumanrightsblog.com

Use of non-jury trial system to continue in NI – BBC News

Posted April 26th, 2023 in consultations, juries, news, Northern Ireland, terrorism, trial without jury, trials by sally

‘Non-jury trials will continue to be used in Northern Ireland, with the secretary of state saying the move is “regrettable” but necessary due to the security situation.’

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BBC News, 25th April 2023

Source: www.bbc.co.uk

New Judgment: Morgan and others v Ministry of Justice (Northern Ireland) [2023] UKSC 14 – UKSC Blog

‘The respondents in this appeal were convicted of terrorism offences. On 13 November 2020, they were sentenced to determinate custodial sentences by Colton J. In accordance with the Criminal Justice (Northern Ireland) Order 2008 (the ‘2008 Order’), the judge specified a “custodial period” of half of the term of their sentences which gave rise to an obligation on the part of the Department of Justice to release the respondents on licence (e.g. living in the community while complying with set rules) when they had served half their sentences.’

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UKSC Blog, 19th April 2023

Source: ukscblog.com

25 Years On: Is Northern Ireland Closer To A Bill Of Rights? – Each Other

Posted April 11th, 2023 in brexit, human rights, news, Northern Ireland by sally

‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’

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Each Other, 6th April 2023

Source: eachother.org.uk

The Illegal Migration Bill and the Ireland/Northern Ireland Protocol: The return of the Charter of Fundamental Rights – UK Human Rights Blog

‘This is not a post about the conflict between the provisions of the Illegal Migration Bill and the European Convention on Human Rights (an issue which has already attracted a considerable amount of critical academic commentary – see here and here). Instead, it is a post about the Bill’s potential conflict with the EU Charter of Fundamental Rights (“CFR”) and the UK’s commitments under the EU-UK Withdrawal Agreement, whether (and why) such a conflict matters in domestic law and how (if at all) that conflict could be resolved.’

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UK Human Rights Blog, 31st March 2023

Source: ukhumanrightsblog.com

Sunak’s Windsor Compromise – City Law Forum

Posted March 15th, 2023 in brexit, EC law, government departments, news, Northern Ireland by sally

‘The Windsor Framework (WF) concluded between the UK and EU to resolve the difficulties associated with the Irish Border reflects a significant compromise, with the UK giving the most ground. The brainchild of a more pliant and technocratic Prime Minister than his two predecessors, Rishi Sunak’s WF is in many respects an agreement that should never have been needed. The new arrangement essentially compels the EU to do what it should have done under the original Northern Ireland Protocol, i.e. impose no unreasonable barriers to trade between Great Britain (GB) and Northern Ireland (NI) while maintaining sufficient safeguards that its Single Market would not be flooded with UK goods.’

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City Law Forum, 10th March 2023

Source: blogs.city.ac.uk

Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’? – UK Constitutional Law Association

‘On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).’

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UK Constitutional Law Association, 21st February 2023

Source: ukconstitutionallaw.org

New Judgment: James Hugh Allister and others and Clifford Peeples v the Secretary of State for Northern Ireland and others [2023] UKSC 5 – UKSC Blog

‘These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU. The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).’

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UKSC Blog, 8th February 2023

Source: ukscblog.com

Northern Ireland Protocol is lawful, Supreme Court rules – BBC News

Posted February 8th, 2023 in appeals, brexit, government departments, news, Northern Ireland, Supreme Court by sally

‘The Northern Ireland Protocol is lawful, the UK Supreme Court has ruled.’

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BBC News, 8th February 2023

Source: www.bbc.co.uk

Omagh bombing: UK government announces independent statutory inquiry – BBC News

‘There will be an independent statutory inquiry into the Omagh bombing, the UK government has confirmed.’

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BBC News, 2nd February 2023

Source: www.bbc.co.uk