The UK Supreme Court has cleared the way for the enactment of the Abortion Services (Safe Access Zones) (Northern Ireland) Bill after ruling it does not infringe on the right to freedom of assembly under the European Convention on Human Rights (ECHR). The court found that placing limitations on wher
Conor Courtney
Northern Ireland’s High Court has found that a failure by police to properly investigate a suspected 1976 murder is potentially a breach of their common law and statutory duty. The court granted judicial review, finding that this question was an important point of public law.
Northern Ireland’s Crown Court has ruled that a former British soldier was responsible for the manslaughter of Aiden McAnespie in 1988. The court found that the soldier acted with gross negligence by handling a cocked machine gun where he was under no pressure and in no danger. The defendant,
Northern Ireland’s High Court has found that a farmer whose removal of trees may have resulted in increased water seeping into his neighbour’s land is not liable for the damage caused. The court found the change in use of the land was “entirely reasonable”, and an occupier is
Northern Ireland’s High Court has rejected an appeal against a contact order where the applicant was refusing to accept her son’s guilt in relation to the death of a child in his care. The court found that the applicant was prioritising her relationship with her son over her relationship
Northern Ireland’s High Court has refused an application for judicial review where it found that the applicant’s probation release had been delayed by factors such as the Covid-19 pandemic and his own failed drug tests. In considering this application, the court found that one of the rel
Northern Ireland’s High Court has refused an application for judicial review where it was alleged that a same-sex couple suffered discrimination after being denied access to a publicly-funded IVF scheme. The court found that the criteria for obtaining access to the scheme were rational and pro
Northern Ireland’s High Court has determined that a decision by the NI Housing Executive (NIHE) erred in denying an applicant 'intimidation points' where he had repeatedly received death threats. The court found that it was irrational to undermine the applicant’s attempt to be rehoused w
Northern Ireland’s High Court has determined that it was unreasonable for an applicant to be denied legal aid, including the support of a senior counsel, for his asylum appeal where he was entitled to this during his original High Court case. This application involved a challenge to a decision
Northern Ireland’s High Court has determined that it was in the best interests for a 21-month-old child to be adopted, without a contact order, where the actions of the parents represented a cycle of neglect which showed no signs of improving. RH was born in January 2021 and was 21 months old
Northern Ireland’s Court of Appeal has determined that the appropriate sentence for a violent repeat rapist was 18 years, with an additional five-year extended custodial sentence. In reaching this decision, the court was conscious of the violence of the attack, the appellant’s attempts t
Northern Ireland’s High Court has ruled that the state breached a pub shooting survivor’s ECHR article 2 and 3 rights. The judge noted that there was no independent investigation conducted following the discovery of new evidence highlighted in a 2017 documentary. On 19 November 199
Northern Ireland’s High Court has denied an appeal to appoint the daughter of a 77-year-old patient as the controller of her financial affairs. The court noted that a professional controller was more appropriate in these circumstances, where there was an impending case against the daughter for
Judges have a role in effecting social change in Ireland but have to push their own views "to the back of our minds" when making decisions, High Court president Mr Justice David Barniville has said. The judge was joined by Mr Justice Gerard Hogan, Ms Justice Siobhán Phelan, Ms Justice Iseult
Northern Ireland’s High Court has found that the decision not to expel a student who intentionally attacked a fellow classmate was rational. The judge found that it was “not for the courts to micro-manage discipline within schools”. The applicant, a girl commencing her Year 11 educ