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March 2017

Supreme Court rules that cohabitee is entitled to share of deceased’s partner’s pension

In the matter of an application by Denise Brewster for Judicial Review (Northern Ireland) [2017] UKSC 8

The Supreme Court unanimously allowed an appeal by a woman from Northern Ireland, in which she claimed that she was entitled to a share of her deceased’s partner’s pension.

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Pensions

Police misconstrued their legal powers during the ‘flag protest’

DB v Chief Constable of PSNI [2017] UKSC 7

The Supreme Court ruled unanimously that the police had legal powers to stop the ‘flag protests’ that took place in Belfast in December 2012 and continued into March 2013. 

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Local Developments

ECtHR held that removal of journalists from parliamentary press gallery violated Article 10

Selmani and Ors v The Former Yugoslav Republic of Macedonia (Application No. 67259/14)

On the 9th February 2017, the European Court of Human Rights (ECtHR) found that the forcible removal of journalists from a parliamentary press gallery was a violation of their right to freedom of expression.

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Other Public Interest Cases

High Court declares that child should receive vaccinations against mother’s wishes

SL (Permission to Vaccinate), Re 2017 EWHC

The High Court has ruled that a local authority may vaccinate a seven month old boy contrary to his mother’s wishes.

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Children's Rights, Health

Declaration of lack of capacity granted subject to Article 5 constraints

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Mental Health

Asylum seeker fails to establish that time limits had expired following acceptance of ‘take back’ request

Mucaj, Re. Judicial Review [2017] CSOH 17

An asylum seeker was unsuccessful in his claim in the Scottish Courts that he could not be returned to Belgium under the Dublin III Regulations due to the failure of authorities to comply with time limits.

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Deportation

High Court in Belfast dismissed application for judicial review of decision that asylum seeker would be deported pending appeal

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Deportation, ECHR Art. 8