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Case Blog

NI High Court Rules On Right Of An Unmarried Partner To Access Survivor’s Pension

The High Court has found that a woman who co-habited with her partner for 10 years has a right to access her partner’s pension after his death. The Northern Ireland Local Government Officers’ Superannuation Committee (NILGOSC) declined to pay a survivor’s pension to the applicant in the absence of a nomination form that would have named her as her partner’s survivor. The applicant claims that this decision is a breach of her rights under Article 14 read together with Art 1 of the First Protocol ECHR.


NI High Court Rules It Lawful To Keep Criminal DNA Indefinitely

The High Court has ruled that it is legal for the police to indefinitely retain DNA samples and fingerprints of convicted offenders in Northern Ireland. This test case attempted to establish that indefinite retention breached privacy rights, when Fergus Gaughran challenged the PSNI’s retention of his fingerprints, a photograph and DNA profiles.

Criminal Law

Twitter Joke Not of ‘Menacing Character’

The High Court has overturned Paul Chambers’ conviction under the Communications Act 2003, s.127 (1) (a) and (3). Paul Chambers was convicted in May 2010 of sending a message of a ‘menacing character’. The 2003 Act prohibits the sending “by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character”.

Criminal Law