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Local Developments

Education Minister’s decision to close rural primary school quashed

On Friday 27th March 2015 Mr Justice Treacy handed down judgment in the judicial review taken by Clintyclay PS over a decision by John O’Dowd to close the catholic-maintained primary school.

With Clintyclay’s enrolment having dropped below 30 pupils, the Council for Catholic Maintained Schools (CCMS) had proposed that it should close. An alternative proposal advanced by the school’s Board of Governors to change its management to grant-maintained integrated status was rejected.

Education, Local Developments, Northern Ireland High Court

Casement Park judgment reserved

A judicial review hearing over the Environment Minister’s decision to approve
the £77m Casement Park redevelopment ended on 13th October.  The
complexity of the case is highlighted by the fact that the High Court heard 13
days of legal submissions.  Mr Justice Horner has reserved judgment to allow
time to study all of the arguments before delivering his verdict.

Mooreland and Owenvarragh Residents’ Association (MORA), who issued the
proceedings, oppose the redevelopment as they argue that it will dwarf

Local Developments, Northern Ireland High Court

Stena Line unfair dismissal case to be reheard

In a case covered in a previous Update, the Northern Ireland Court of Appeal
has ordered a new hearing in the Industrial Tribunal finding last year that
Martin Shiel was unfairly dismissed.

The Industrial Tribunal had awarded Mr Shiel £37,500 for unfair dismissal and
a further £7,500 for unlawful harassment on the grounds of his sexual
orientation.  While the finding of harassment was not appealed, Stena Line
appealed the unfair dismissal aspect and on 8th October the Court of Appeal

Employment Law, LGBT, Local Developments

Former prisoner loses challenge over full body strip searches

The legal challenge over the policy of full body searching of prisoners in Maghaberry was considered by the Court of Appeal on 30th June 2014. 

Previous High Court decisions had ruled that the prison’s policy was proportionate and lawful.  The case came before the Court of Appeal for a decision on whether an inflexible approach was taken by prison authorities in respect of full body searching of non-compliant prisoners.

Local Developments, Prisoners' Rights

High Court dismisses Newtownbreda High School’s judicial review challenge

By way of an update on this case, which was featured in last month’s Newsletter, on 25th June the High Court dismissed an application to stop the amalgamation of Newtownbreda and Knockbreda High Schools.

Full reasons for rejecting the challenge to the Education Minister’s plans, to close both schools and build a new one, will be published by the NI Courts Service in due course. 

Education, Local Developments