Case Blog

Application for asylum not validly made can have no effect, says Supreme Court

Mirza and others v Secretary of State for the Home Department [2016] UKSC 63

The Supreme Court unanimously dismissed the applicants’ judicial review of the Secretary of State’s decisions to treat a number of asylum applications as invalid.

Immigration & Asylum

NI Attorney-General cannot refer Ashers case to the Supreme Court

Gareth Lee v Colin McArthur, Karen McArthur and Ashers Baking Company Ltd [2016] NICA 55

In our October Update, we reported that on 24th October 2016, the Court of Appeal found that Ashers Baking Company had directly discriminated against the respondent on grounds of sexual orientation, and religious and political belief, by refusing to fulfil his order for a cake in support of marriage equality.

Discrimination, LGBT

Bereaved cohabitees not entitled to spousal bereavement benefits even if they had children

An Application by Siobhan McLaughlin for Judicial Review [2016] NICA 53

In our March 2016 update, we reported that the High Court had found that the denial of bereavement benefits to a mother on the ground she was not married to her partner at his date of death, and where children were impacted, was unlawful.  The DSD appealed this decision and the Court of Appeal allowed the appeal.

Family Law, Social Security

European Court finds that defamation proceedings taken by a politician breached the right to freedom of expression

Lykin v Ukraine [2017] ECHR 17

The European Court of Human Rights (ECtHR) held that comments made about a local politician elected to a post of responsibility within the district Council, in Ukraine, were not defamatory.  Such comments were capable of justification within Article 10 of the European Convention on Human Rights.


Supreme Court rules that Parliament must authorise withdrawal of UK from EU

R (on the application of Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5

In previous updates, we reported that the High Court of Northern Ireland had dismissed two judicial review challenges concerning Northern Ireland’s constitutional provisions, while the High Court of England and Wales held that the Secretary of State did not have power under the Royal Prerogative to give notice under Article 50 to withdraw the UK from the EU.

Other Public Interest Cases