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September 2013

Court of Appeal Dismisses Health Minister Challenge To Same-Sex Adoption

The NI Court of Appeal has dismissed a bid, brought by Health Minister Edwin Poots, to overturn an earlier decision of October 2012 in which the High Court had found that the ban on unmarried couples becoming adoptive parents was discriminatory and a breach of human rights.

Health, LGBT

Operation Exposure Not A Contravention Of Rights

The High Court of Northern Ireland has found that publication in local newspapers of photographs of young people suspected of rioting in 2010 was necessary for the administration of justice and was not a ‘name and shame’ policy. In 2009, in order to identify those involved in rioting in Derry/Londonderry, the police used CCTV images and engaged the community in identifying some of the young people by publishing the images in local newspapers, in what was called ‘Operation Exposure’.

Criminal Law, Rights of Offenders

Nicklinson Right To Die Cases

In a follow-up to a case previously covered by the PILS Update, two severely disabled men and Tony Nicklinson’s widow have taken their cases on assisted suicide to the Court of Appeal of England and Wales. All three appellants want health professionals to be legally protected if they assist people who wish to end their own lives.


High Court Judge Intends To Quash Decision To Continue A5 Project

A High Court judge has confirmed he is minded to quash the decision of a new £330 million dual carriageway project over a failure to carry out an appropriate assessment of the impact of the A5 scheme on special areas of conservation around two rivers.  Work on the 85km of dual carriageway which is to form part of a key cross-border business route linking Dublin and the North West, has been put on hold due to the legal challenge by eighteen farmers, business-men and landowners who joined together under the Alternative A5 Alliance grouping.  Lawyers for the alliance claimed it has now become

Environment Rights & Planning Law

Mau Mau Veterans Given Right to Challenge Abuses Suffered At The Hands Of the British Government

Three Kenyans have been granted the right to sue the British government for alleged abuses sustained during the Mau Mau insurgency, over 50 years ago. The Mau Mau uprising was a military conflict that took place in Kenya in the years between 1952 and 1960.

Veterans' Rights

Landmark Decision On Equal Pay For Birmingham Women

The Supreme Court has decided that some equal pay cases can be brought before the civil courts instead of the employment tribunal. 170 women who have worked for Birmingham City Council did not receive bonuses and launched compensation claims in the high court last year. The city council attempted to have the claims struck out, arguing that they should only be brought  before an employment tribunal.

Employment Law

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.