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Local Developments

In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland)

Shortly after the UK Supreme Court delivered its judgment on 27 February in her application for judicial review, Geraldine Finucane read a statement on the steps of the court:

My family and I have endured three private police investigations, two confidential documentary reviews, secret government negotiations and a long and difficult court case. We have had to overcome obstacles the likes of which no other family has faced…”.

ECHR Art. 2, Local Developments, Right to Life

In the Matter of an Application by Theresa Jordan for Judicial Review [2018] NICA 34

In this case, the applicants sought to challenge the verdict of a coroner through judicial review.
Pearse Jordan was shot and killed on 25th November 1992 by a member of the Royal Ulster Constabulary. He was 22 years old. The investigation into his death has been the subject of a number of inquests.
The applicant argued that the coroner had failed to discharge his responsibilities by concluding that ‘it is now impossible with the passage of time to say with any certainty what happened on that fateful afternoon’.

Local Developments

Lee v Ashers Baking Company Ltd and Others [2018] UKSC 49

The UK Supreme Court has held that a Belfast bakery refusing to provide a cake to a gay man with the message ‘support same sex marriage’ on it did not discriminate against him on grounds of sexual orientation or political belief.
Sexual Orientation
The Court found that the bakery did not refuse to fulfil the order because of the customer’s actual or perceived sexual orientation. The bakery objected to the message on the cake, not to the personal characteristics of the customer, nor anyone with whom he was associated.

Discrimination, Local Developments

Local case - Disability Discrimination Act · Belfast County Court awards £2,000 to Diabetes sufferer

A Belfast student who has Diabetes was awarded £2000 by Belfast County Court after security guards employed by Eventsec Ltd confiscated a bottle of Lucozade from her at a concert at the Boucher Road playing fields.

Kayla Hanna was told that she was not allowed to bring the bottle of Lucozade into the concert despite explaining to security that the drink was needed to manage her condition. 

Disability, Local Developments

In the matter of an application by Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48

An unmarried mother has won her legal challenge in the UK Supreme Court on the entitlement of unmarried couples to Widowed Parent’s Allowance.
Mother-of-four Siobhan McLaughlin lived with her partner, John Adams, for 23 years until his death in January 2014.  John had made sufficient national insurance contributions for Siobhan to qualify for bereavement benefits and Widowed Parent’s Allowance.  However, she was precluded from receiving these benefits due to the fact that the couple had not been married.

Local Developments, Social Security

Buick's (Colin) Application as Chair Person of NOARC 21 (2018) NICA 26

The Civil Service will not appeal against the court judgment ruling that a permanent secretary lacked the power to approve a £240m waste incinerator in Mallusk.

The Court of Appeal ruled that only the full Executive could authorise the proposed facilities on the outskirts of north Belfast because they were so significant, controversial and cut across areas of responsibility.  The Court said,

Local Developments