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July 2014

High Court grants Protective Costs Order to Casement Residents Group

The Moorland and Owenvarragh Residents Association (MORA) have issued judicial review proceedings over the Department of the Environment’s decision to approve a 38,000-seater GAA stadium at Casement Park.

Leave was granted to seek a judicial review on 23rd May and, on 18th June, a Protective Costs Order (PCO), limiting potential liability for opposition fees to £10,000, was also granted to the residents group.

Tags
Cost Order, Local Developments

Supreme Court affirms the need for filtering of old and minor convictions

On 18th June the Supreme Court upheld an earlier ruling by the Court of Appeal that certain past minor cautions and convictions should not be disclosed in criminal records checks.

Tags
Criminal Law, Disclosure, Enhanced Criminal Records Checks, Rights of Offenders

Court of Appeal overturns attempt to hold terrorism trial entirely in secret

The Crown Prosecution Service’s (CPS) unprecedented attempt to hold a criminal trial wholly in secret has been overturned by the Court of Appeal on 12th June.

Erol Incedal and Mounir Rarmoul-Bouhadjar who, prior to the ruling were known as ‘AB’ and ‘CD’, have pleaded not guilty to terrorist charges.  The CPS argued that their application for trial secrecy was necessary in the interests of national security. 

Tags
Criminal Law

Hospital’s disposal of still-born child as clinical waste was unlawful

On 7th August 2003 a Croatian national gave birth to a still-born child at a public hospital in Split, Croatia.  The parents did not want to take the child’s remains, leaving the hospital to carry out an autopsy, and burial.  After the autopsy was carried out the hospital disposed of the child’s remains with their clinical waste. 

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Other Public Interest Cases

Miscarriages of Justice

With the death of Gerry Conlon, a member of the Guildford Four, on 22nd June, it is apt to reflect upon recent miscarriages of justice cases.

The MoJ has refused to pay compensation to Victor Nealon, who was wrongly imprisoned for 17 years before being freed on appeal.

Tags
Local Developments, Miscarriages of Justice

Assisted Suicide

On 25th June the Supreme Court delivered its judgment on three legal challenges on the law relating to assisted suicide.

Tags
Medical Law, Right to Life, Suicide

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