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One headmaster of BRA said that he judged any crisis in the school by its propensity to set tea cups rattling on their saucers in the living rooms of Jordanstown. The current saga of BRA’s admissions criteria may qualify. Its present Principal went into print early and declared that the school would not use academic criteria this year and also published independently the substitute criteria. These were subsequently incorporated into the Education Authority [“EA”] website and promptly lawyers on behalf…
The Irish News carried this story on 15th February. 'A GRAMMAR school is facing a legal challenge over admissions criteria that give priority to children in its fee-paying prep department. It has been claimed that Belfast Royal Academy (BRA) has ignored guidance relating to recommended methods of selecting pupils. With grammar entrance tests cancelled this year, schools have devised alternative criteria. Amid warnings from lawyers, most abandoned efforts to use different forms of academic selection in lieu of transfer tests. BRA…
The relevant provision in the Regulations is: Causation of injury 7.—(1) For the purpose of these Regulations, a person's injury may only be considered to be caused by a Troubles-related incident if it is suffered by that person when— (a)present at a Troubles-related incident; (b)present in the immediate aftermath of a Troubles-related incident in which a loved one died or suffered an injury; (c)responding, in the course of employment, to a Troubles-related incident, in which the person reasonably believed a loved…
This is important guidance for those who are currently engaged in litigation, particularly litigants in person. https://judiciaryni.uk/sites/judiciary/files/media-files/Covid-19%20-%20Masters%20Composite%20Guidance%20-%20FINAL%20-%2011.08.20.pdf
Readers of the last blog will know that the statistics last week, did not support tales of a pandemic nor did they support the excuse for the Health Protection (Coronavirus Restrictions) which stated in its opening: "These Regulations are made in response to the serious and imminent threat to public health which is posed by the incidence and spread of severe acute respiratory syndrome coronavirus 2 (SARS- CoV-2) in Northern Ireland. The Department of Health considers that the restrictions and…
The courts in Northern Ireland are now closed , except for pressing business such as the liberty of the citizen or family matters. All actions by mortgagees for possession of property and all disputes between individuals and banks are in suspended animation. Many solicitors have closed and therefore little new litigation is getting under way. There will be a considerable backlog when the courts do finally get back into action. What will the attitude of lenders be? Will they, in…
This blog is dedicated to Lyra McKee, whom I first met some years ago. I think that she would have enjoyed this. The Goliath Trust was set up in August 2018. Its objective is “to raise funds to provide targeted extra financial support for schools serving disadvantaged communities in order that educational outcomes in those schools are significantly improved”. A laudable objective, you might think. One of its Directors is Jackie Redpath , who administers a budget of £1.8 million…
LAW | COMMENTmarch 25 2019, 12:01am, the times Unqualified, unregulated legal advisers must be stopped colm nugent After a disabled man won £260,000 from a “McKenzie friend” who ruined his medical negligence claim, MPs need to intervene ShareSave Paul Wright was a desperate man in 2008. He had undergone a disastrous NHS operation four years earlier, issued a claim for medical negligence, but still had no legal representation. He then discovered Troy Lucas, a business styling itself as “The Litigation Company”,…
This judgment underlines the point that the PSNI is not fit to conduct investigations into crimes where the State may be an actor. Its outcome involves all parts of our society. For example, the Parachute Regiment was killing people on the Shankill too. Good work by Paper Trail. Judicial Communications Office 19 March 2019 COURT FINDS THAT CHIEF CONSTABLE HAS NOT DEMONSTRATED PRACTICAL INDEPENDENCE ON THE PART OF THE PSNI LEGACY INVESTIGATIONS BRANCH Summary of Judgment The Court of Appeal…
This judgment should cause both McKenzie friends and those who use them to stop and think. An unqualified legal adviser has been ordered to pay more than £260,000 in compensation after he caused a man to miss out on damages and incur huge costs in a medical negligence case. A High Court judge said that the adviser, who held himself out as a competent legal professional, owed a duty of care to the 70-year-old man, despite not being legally qualified.…
JUDGMENT In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland) before Lady Hale, President Lord Kerr Lord Carnwath Lord Hodge Lady Black JUDGMENT GIVEN ON 27 February 2019Heard on 26 and 27 June 2018 Hilary Term [2019] UKSC 7On appeal from: [2017] NICA 7 Appellant Barry Macdonald QC Fiona Doherty QC (Instructed by Madden & Finucane) Respondent Sir James Eadie QC Paul McLaughlin BL (Instructed by CrownSolicitor’s Office) LORD KERR: (with whom Lady Hale, Lord…
Supreme Court Published: February 25, 2019 In re Gallagher Regina (P and others) v secretary of state for the home department and another Before Baroness Hale of Richmond, Lord Kerr of Tonaghmore, Lord Sumption, Lord Carnwath and Lord Hughes [2019] UKSC 3 Judgment: January 30, 2019 The existing statutory scheme for disclosure of certain convictions or cautions on a criminal record certificate was disproportionate in so far as it applied to multiple convictions and warnings and reprimands administered to young…
Despite warm words from the Chief Constable some time ago, there appears to be no change in the approach by him to take every point. See the end of this summary for Judicial disapproval of his stance. 18 January 2019 COURT ALLOWS APPEAL BY RAYMOND McCORD Summary of Judgment The Court of Appeal today set out its reasons for allowing an appeal by Raymond McCord against a case management decision not to remove a stay on the hearing of his…
Statutory demands- the present position Summary The burden of setting aside a statutory demand is on the debtor Check that the creditor’s paperwork is in order Reply to the demand in time and with a summary of your reasons for resisting the demand Turn up on time for the master’s court Have your case ready to articulate If the creditor is using this system to collect money which is the subject of a genuine dispute,…
High Court: Woman who claims guarantees were made under undue influence is granted injunction against receivers High Court A woman who claims that she was under duress and undue influence when she acted as guarantor for loans taken by her son, has been granted an interlocutory injunction restraining receivers from selling, possessing, trespassing upon or otherwise dealing with the secured property. Finding that there was a serious issue to be tried as to whether the guarantee was undermined by undue…
An interesting report on Irish mortgage actions
Prosecuting in a banana republic In a way , it seems that the NI public are fatigued with 'Legacy Cases'- they go on so long and consume so much energy. This is what the sharp OxBridge boys and girls of the Establishment want. Don't give up! Read this article and reflect that, twelve years ago, the State thought that Scappaticci had lied.
The trouble with Kenova
mental health issues and the police in NI
Barton v Wright Hassall LLP
It's been a successful first year. We have advised a major international event. We have also given advice to community groups in Belfast , Ballymoney, Bushmills and Londonderry. In addition we are in the process of advising a number of former policemen about their rights in relation to PTSD and other similar illnesses. We have been invited to lodge proposals with a number of grant funded bodies in Belfast and elsewhere. Pro bono, we have given advice and help to a number…
The fairy tale world of Drew Harris
The Birmingham bombing inquest ruling
The Loughinisland Saga
Re Murphy Court of Appeal The Court of Appeal has decided that Maguire J "fell into error" when he held that the underfunding of the Police Ombudsman was unlawful. This decision relieves the Department of Justice from legal action for , among other things, damages. The detailed reasoning is not yet available on the creaky Court Service website or on its new site, which is taking for ever to get up and running. Therefore I cannot tell you which judges…
More headaches for the Chief Constable of the PSNI The hooded men judgment
On 18th October, the Supreme Court gave its judgment on this issue. The link is provided below. In summary, Robert and David Stewart provided evidence by which a number of alleged Loyalist paramilitary persons were prosecuted. In return, the tariff for their life sentences for admitted murder, were set at three years -a reduction of 75%. When they gave evidence, nobody was convicted on the basis of their testimony, Gillen J. being scathing of their reliability. The PPS, in the…
As the legal year lumbers into 'action' some recent developments are of note. The Chief Justice, having tried a publicity campaign for additional funds, has turned to making his own team more efficient. Aside from getting the young ones to become involved in new projects, recent retirees, Girvan and Weir , have been brought back from to help out. As we await the appeal by the State into Maguire J's excoriating criticisms of the Department of Justice's underfunding of the…
In January 2017 police broke into Eddie's home in Greenisland. They had been led there by a series of events which had occurred in Belfast and involved Margaret Henderson-McCarroll. There they found the lifeless body of Eddie. Seated, his shorts around his ankles, his hands and his ankles bound together with neckties and his mouth stuffed with kitchen roll; he had suffered several stab wounds including a serious injury to his chest which had resulted in internal bleeding. The PPS…
Readers will know that the NIAC recommended that HMG pursue Libya for compensation and in default, set up a fund for victims and survivors. There was optimism when the DUP became power brokers re the May government. Was this issue included in the negotiations? No. Why not? The answer may lie in the business background of Jeffrey Donaldson. Read my article and make up your own mind.Jeffrey Donaldson
State surveillance The files at Kew provide insights into British thinking in the 1970s. Surveillance technology was in its infancy but was being deployed in Northern Ireland. Just as interesting, the army did not trust the RUC. This problem persisted throughout the Troubles and led to turf wars over informants. Though there were attempts to knock heads together, it never really worked. See my previous post on this. The lesson is that , by 1990, nothing moved in certain Republican…
The use of a Mckenzie friend has come under judicial scrutiny in the Irish Republic too, with judges clarifying rules for their use. Of course, the friend would not be needed if the State provided adequate legal aid. Judges tighten rules on McKenzie friends
Beware those pesky statistics
Crisis point has been reached for those whose loved ones were killed during the Troubles. A concerted effort from victims and survivors is required. But who will take the lead? The Glenanne gang, the PSNI and uncovering the past
Summary of judgment - In re Edward Barnard-4
What goes on in Belfast High Court
The murder of Bobby Moffett and the
Bingham summary This is the first case that we have been asked to advise in and comment on. There are hundreds of such cases, caught in the beaurcratic and political mess that is NI. We offer help to navigate the shambles. If you are unable to pay , you will not be charged. We are already helping with a second case. Contact us if you want further information.
Don’t let an upset officer spoil your holiday
McKenzie friends in the Court of Appeal
The Department of Justice appeals the decision in Re Murphy
Kew and the spooks
Libya and Westminster
Researching a nineties case
Legacy cases recent developments
mckenzie friends practice note
Industrial tribunals mckenzie friends
Since the decimation of civil legal aid, the restriction on criminal legal aid and the often prohibitive fees charged by lawyers for tribunal representation, people have looked for a solution. The Lord Chief Justice suggested that young barristers might appear, pro bono. That bombed. The lay client , formerly a rare beast, has emerged from the forest and run into the legal jungle. Help is at hand. The McKenzie friend. So called after the landmark case that permitted unqualified legal support…
The Public Services Ombudsman now has a role to play in disputes or complaints by parents against a school. She joins a long list of bodies that are engaged if Jonny comes to school with a number one haircut or Sheena acquires a tattoo. The interaction of the relevant bodies and what they provide for the parents or the school is complex. If you would like to have advice on these issues, either as a parent or a teacher/governor, contact…
New High Court rulings have significance for legacy issues. The decisions in the Jean Smyth-Campbell, Bell and Dorothy Johnstone cases have repercussions for all those who are pursuing the State in relation to past incidents. We will shortly publish a guide and commentary about these cases.