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November 2014

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

Stephen Gough loses right to public nudity case

Stephen Gough, aka the Naked Rambler, has lost his case before the
European Court of Human Rights.  Mr Gough claimed that his repeated
convictions and imprisonments for offences associated with being nude in
public violated his rights under Articles 8 and 10 of the European Convention
of Human Rights.

Mr Gough, from Eastleigh Hampshire, has walked naked throughout the UK.
His numerous convictions include breach of the peace and contempt of court
(for refusing to dress for his court appearances).  Consequently, between

Criminal Law, ECHR Art. 8

Decision to close elderly care home not unlawful

Karia, R (on the application of) v Leicester City Council (2014) EWHC 3105


Leicester City Council has successfully defended a High Court challenge

brought on behalf of a 101 year old resident over its decision to close her care


The resident is a British Asian woman of Gujarati descent who has lived in

Herrick Lodge care home since 1999.  

The arguments included that the Council had reached its decision without due

regard to the need under the Equality Act 2010 to avoid unlawful

Discrimination, ECHR Art. 8