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.’
BBC News, 8th September 2020
Source: www.bbc.co.uk
Category: Northern Ireland
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.’
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.’
UKSC Blog, 18th August 2020
Source: ukscblog.com
Case Preview: R v Hilton (Northern Ireland) – UKSC Blog
‘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).’
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
‘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.’
UK Police Law Blog, 2nd June 2020
Source: ukpolicelawblog.com
New Judgment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog
‘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.’
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.’
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.’
UKSC Blog, 5th February 2020
Source: ukscblog.com
Guildford pub bomb police face High Court threat over files – BBC News
‘Lawyers in the Guildford pub bombing inquest have threatened Surrey Police with High Court action over archives removed from a history centre.’
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.’
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).’
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
‘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.’
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.’
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.’
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.’
The Guardian, 22nd July 2019
Source: www.theguardian.com
House of Lords passes amendment to help prevent no-deal Brexit – The Guardian
‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’
The Guardian, 17th July 2019
Source: www.theguardian.com
To shut down parliament would be simple. But it would be an outrage – The Guardian
‘The next prime minister will have the power to prevent MPs blocking a no-deal Brexit, though would he or she dare close the Commons for three months?’
The Guardian, 13th June 2019
Source: www.theguardian.com
Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog
‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’
UK Police Law Blog, 10th May 2019
Source: ukpolicelawblog.com
Wartime Opt Out Of Human Rights Convention Will Hurt Soldiers And Civilians, Campaigners Say – Rights Info
‘Campaign groups are warning that the new defence secretary’s pledge to opt out of the Human Rights Convention in future conflicts will hurt soldiers and civilians.’
Rights Info, 15th May 2019
Source: rightsinfo.org
Military prosecutions: ‘Unfair’ investigations to be barred – BBC News
‘British troops and veterans will be given stronger legal protections against prosecution, Defence Secretary Penny Mordaunt will announce.’
BBC News, 15th May 2019
Source: www.bbc.co.uk
