Belfast High Court

NI Executive Office acting unlawfully in delaying introduction of victims compensation scheme

Pete Baker on August 21, 2020, 4:07 pm | Readers 2826

Not unexpectedly, given Mr Justice McAlinden’s comments during the two-day hearing, Belfast High Court has ruled that the NI Executive Office is, indeed, acting unlawfully in failing to implement the victims payment scheme. Or, rather, the NI deputy First Minister is acting unlawfully… From the summary of judgement [pdf file] It is incumbent upon the Executive Office to forthwith designate a Department under paragraph 2(1) of Schedule 1 to the Victims’ Payments Regulations 2020 to exercise the administrative functions of …

“by the manipulation of the committee in order that Jamie Bryson’s evidence be received in open session.”

Pete Baker on December 9, 2016, 5:09 pm | Readers 787

The BBC reports that former Sinn Féin MLA, Daithí McKay [now a Slugger contributor… – Ed], is being sued for damages by Belfast property developer, Paddy Kearney. According to the report the writ lodged at Belfast High Court alleges Mr McKay “unlawfully conspired” with Loyalist blogger Jamie Bryson to damage Mr Kearney’s reputation. From the BBC report The writ claims Mr McKay, with others, conspired to damage Mr Kearney “by the manipulation of the committee in order that Jamie Bryson’s evidence be received …

Northern Ireland High Court rejects Brexit Challenges

Pete Baker on October 28, 2016, 3:57 pm | Readers 824

As the BBC report notes, the High Court in Belfast has dismissed two judicial review challenges to the way the UK Government intends to invoke Article 50 of the Treaty on European Union to trigger withdrawal from the EU. One of the legal challenges, by victims’ campaigner Raymond McCord relied on legal aid. The other, involving Sinn Féin, the SDLP, the Green Party and Alliance MLA David Ford, has been funded, directly or indirectly, as the News Letter reported, by US billionaire Chuck Feeney …

NI Attorney General on post-brexit future: “not one word or phrase in the Belfast Agreement” would be affected

Pete Baker on October 6, 2016, 4:35 pm | Readers 1490

There might be another, somewhat related, reason why Sinn Féin delegated their now-backbench MLA, John O’Dowd, to front the party’s support for the High Court legal action against Brexit – as a party of the NI Executive they may have seen legal advice from the Attorney General for Northern Ireland, John Larkin, QC. Earlier reports seemed to suggest that, having “written to the parties indicating his belief the cases raise a devolution issue around constitutional arrangements“, and the applicants subsequent agreement to a notice …

“We say it’s highly improper and unorthodox, effectively OFMDFM are seeking to resist the grant of leave against the Department of Justice.”

Pete Baker on February 19, 2016, 4:55 pm | Readers 904

A Belfast High Court judge has adjourned the application for a judicial review of the controversial new law criminalising the paying for sex following a last minute intervention by the Northern Ireland Attorney General on behalf of the Office of the NI First and Deputy First Ministers (OFMDFM). Interestingly, as the BBC report notes A barrister representing the [NI Department of Justice] confirmed it was not opposing Ms Lee’s application for a judicial review of the new law, on the basis that an arguable …

Jeffrey Donaldson admits that Loyalist and Republican paramilitaries will never provide full disclosure…

Mick Fealty on February 5, 2016, 10:37 am | Readers 1902

It ought to come as no surprise, but no doubt it will, that Jeffrey Donaldson said rather bluntly on Nolan this morning, chances of full disclosure from the paramilitary organisations responsible for most Troubles related deaths (loyalists, 29.9%, Republican 57.8%) are none. The full burden of disclosure around killings is apparently only aimed at state forces (9.8%). Even if state agents within the paramilitaries were responsible for individual murders, it’s unlikely that we can move move neatly from paramilitary to …

Carál Ní Chuilín: “What is clear to me is that there has been an anti-GAA element throughout…”

Pete Baker on May 7, 2015, 8:17 pm | Readers 1896

Having had to apologise for “an error” in claiming that the “Electoral commission vetoed using last election figures” in defence of Sinn Féin’s sectarian leaflet campaign in North Belfast, the Northern Ireland Minister of Culture, Arts and Leisure, Sinn Féin’s Carál Ní Chuilín, might have been better advised to be more cautious in her public utterances in future… Despite having reportedly announced, last Thursday, a full review of the new Casement Park Gaelic Athletic Association (GAA) ground redevelopment plan, on Tuesday, …

There Is No Alternative! (to Casement Park development plan) – Redux

Pete Baker on December 15, 2014, 4:30 pm | Readers 2722

Belfast High Court has ruled that the decision to grant planning permission for the controversial £70million redevelopment of Casement Park in west Belfast was “fundamentally flawed”. However, Mr Justice Horner did not quash the decision, and will take further submissions from lawyers for the Department of the Environment, the GAA and the residents group who mounted the legal challenge before ruling on what the alternative actually is. From the Irish Times report The overall bill for the redevelopment in west Belfast has now risen …

There Is No Alternative! (to Casement Park development plan)

Pete Baker on September 29, 2014, 11:13 pm | Readers 1244

A fairly desperate argument from lawyers for the Northern Ireland Planning Service in Belfast High Court today, during the judicial review of the planned £70million redevelopment of Casement Park in west Belfast. As the BBC reports The judge heard that DCAL have contributed £62.5m of the £77m cost of rebuilding the stadium as part of a project involving the development of Windsor Park football stadium and Ravenhill rugby ground. A Planning Service lawyer said that if the funds are not spent in time, …

Mr Justice Treacy: “It is evident that ACC Kerr was labouring under a material misapprehension as to the proper scope of police powers…”

Pete Baker on April 28, 2014, 10:09 pm | Readers 375

The Chief Constable, Matt Baggott, has reportedly said that the police will appeal the High Court decision allowing “an application for a judicial review of the PSNI’s policing of the flag protests in Belfast between 8 December 2012 and 14 February 2013.” From the reported ruling Mr Justice Treacy was less than impressed by Assistant Chief Constable Will Kerr’s interpretation of the legal position. As the summary of the judgment notes [added emphasis] The Court heard evidence from [Assistant] Chief Constable Will …

Lord Chief Justice Morgan: “this is a case about political failure”

Pete Baker on December 28, 2013, 4:02 pm | Readers 176

Not the Haass talks. You can keep your nose pressed against the windowpane with David if you’re hoping for a scrap of comfort from that. No, this is about the continued dysfunctional approach of the two main parties of the Northern Ireland Executive semi-detached polit-bureau to the process of government – as defined under the current administration. Sinn Féin’s pre-Christmas (23 Dec) defence of the Northern Ireland Agriculture Minister Michelle O’Neill’s unilateral decision to re-allocate €137 million of EU funding over the next six …

“it is important that other schemes that may be in a position to be progressed ahead of the A5 are given full consideration by the Executive”

Pete Baker on April 15, 2013, 5:35 pm | Readers 48

As the BBC report, the Northern Ireland Regional Development Minister, the UUP’s Danny Kennedy, has announced that his department will not be appealing the Belfast High Court ruling quashing the decision to go ahead with the controversial A5 £330m dual carriageway project. A “costly mistake [not appealing] but will not be the end of this project“, according to the “Sinn Féin MLA for West Tyrone and member of the Regional Development Minister [sic], Declan McAleer”. The chair of the NI Assembly’s Regional Development Committee, the …