Category: Northern Ireland

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.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

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

Posted January 10th, 2022 in appeals, Christianity, equality, food, freedom of expression, homosexuality, human rights, news, Northern Ireland, references to European Court, sexual orientation discrimination by tracey

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

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The Guardian, 6th January 2022

Source: www.theguardian.com

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

Posted January 7th, 2022 in appeals, Christianity, food, homosexuality, human rights, news, Northern Ireland, references to European Court, sexual orientation discrimination by michael

‘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.’

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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

Posted December 21st, 2021 in appeals, armed forces, human rights, judicial review, news, Northern Ireland, police, statutory duty, unlawful killing by sally

‘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’).’

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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”.’

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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.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

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

Posted November 15th, 2021 in arson, bills, burglary, criminal justice, criminal records, explosives, human rights, imprisonment, judicial review, news, Northern Ireland, proportionality, rehabilitation, sentencing, theft by tracey

‘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?’

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UK Human Rights Blog, 12rh November 2021

Source: ukhumanrightsblog.com

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

Posted November 15th, 2021 in barristers, diversity, equality, news, Northern Ireland, race discrimination, racism, statistics by tracey

‘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.’

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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.”

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The Guardian, 5th November 2021

Source: www.theguardian.com

MI5 undercover agent policy held lawful – UK Human Rights Blog

Posted March 29th, 2021 in appeals, criminal justice, human rights, intelligence services, investigatory powers, murder, news, Northern Ireland, police, privacy, spying by tracey

‘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.’

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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.’

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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.’

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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.’

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EU Relations Law, 21st January 2021

Source: eurelationslaw.com

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

Posted January 11th, 2021 in abortion, government departments, human rights, news, Northern Ireland, pregnancy, women by sally

‘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.’

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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.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

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

Posted December 2nd, 2020 in closed material, conflict of interest, coroners, disclosure, documents, explosives, inquests, news, Northern Ireland, police, terrorism by tracey

‘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.’

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BBC news, 2nd December 2020

Source: www.bbc.co.uk

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

Posted October 1st, 2020 in bills, EC law, international law, international trade, news, Northern Ireland, treaties by sally

‘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.’

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The Guardian, 1st October 2020

Source: www.theguardian.com

Senior government lawyer quits over Brexit plans – BBC News

Posted September 9th, 2020 in barristers, bills, brexit, government departments, international law, news, Northern Ireland by sally

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

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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

Posted August 20th, 2020 in assignment, competition, leases, news, Northern Ireland, restraint of trade, restrictive covenants, Supreme Court by sally

‘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.’

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UKSC Blog, 19th August 2020

Source: ukscblog.com

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

Posted August 19th, 2020 in appeals, escape from custody, false imprisonment, news, Northern Ireland, Supreme Court, terrorism by sally

‘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.’

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UKSC Blog, 18th August 2020

Source: ukscblog.com