NI: Family of JP Cunningham pursue civil litigation in addition to ex-soldier’s prosecution
Lawyers representing the family of John Patrick Cunningham, who was shot by the British Army in 1974, have launched civil proceedings against British state agencies.
Former soldier Dennis Hutchings is already facing prosecution later this year for the attempted murder of Mr Cunningham.
However, Belfast-based firm KRW Law has said it is also taking civil litigation on behalf of his family.
Solicitor Rosie Kinnear said: “Prosecution of an alleged perpetrator or offender is one outcome of a human rights compliant investigation following a violation of the right to life.
“Another outcome is by way of a civil action against the state agencies responsible for the violation and the subsequent investigation. In this instance KRW LAW LLP have issued a Letter of Claim and we plan to issue a writ for negligence, misfeasance in public office, unlawful killing, trespass to the person and a breach of Mr Cunningham’s right to life under Article 2 of the ECHR. This action will be taken against the MOD, the Chief Constable and the Secretary of State for Northern Ireland.”
Ms Kinnear said a written apology sent to Mr Cunningham’s family in 2013 by then-Northern Ireland Secretary Andrew Robathan indicated “the need to pursue this civil action in addition to criminal proceedings on behalf of the family of John Patrick Cunningham”.