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ECtHR rejects Irish Government’s request

2018

Case of Ireland v. The United Kingdom ECtHR 5310/71

The European Court of Human Rights (ECtHR) has rejected the Irish government’s request to find that the maltreatment of 14 detainees, by the British state during the Troubles, amounted to torture.

Dismissing the request by 6 votes to 1, the ECtHR said that the original judgment, which found that the treatment of the men was inhumane and degrading but not torture, should still stand. 

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Legal action threatened over Labour NI candidate ban

2017

The vice-chairman of the Labour Party NI has written to the Labour Party’s London headquarters threatening legal action over its refusal to stand local candidates in the forthcoming 8th June general election.  Solicitors acting for Damian Harris claim the ban is discriminatory and contrary to human rights legislation. 

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Child born with congenital disabilities as a result of incestuous rape not entitled to compensation

2017

Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend [2017 EWCA Civ 139

The Court of Appeal held that a child born as a result of incestuous rape was unable to claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities.  These disabilities were 50% likely in the case of this child, compared to a 2-3% likelihood for the general population.

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

2017

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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High Court dismisses application by people in the Niger Delta to bring action against Shell in the UK

2017

The High Court has ruled that 42,000 people in the Niger Delta affected by oil pollution cannot proceed with a legal challenge in the UK against Shell and its Nigerian subsidiary.

Shell has been responsible for oil spills in the Niger Delta.  The UN’s Environment Programme UNEP researched the destruction and produced a report in 2011.  It found that Shell had not taken sufficient action to clean up and set out initial steps to rectify the damage. 

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

2017

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.

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