Court of Appeal – Legacy Victims’ Pensions victory

Court of Appeal – Legacy Victims’ Pensions victory

By Ciaran Moynagh Comment Closed
The Executive Office is under a legal duty to fund a pension scheme for victims of the Troubles in Northern Ireland, the Court of Appeal has ruled. Senior judges made the declaration in an ongoing legal battle by one of the so-called Hooded Men to break the political stalemate over who pays the compensation. In August last year, the High Court held that the Executive Office deliberately stymied introduction of the scheme in a bid to force the UK Government into footing the bill. Following that verdict, the Department of Justice was designated to administer the programme. Since then, however, a funding dispute between Stormont and Westminster has continued. A draft budget announced by Sinn Féin Finance Minister Conor Murphy last month only included the administrative costs of pensions. With no order made in the first court case to provide grant funding, Brian Turley appealed that outcome in a bid to ensure the necessary financial package is immediately put in place. He was among 14 men detained,...
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Colin, Hannahstown & Glen Road Residents mount challenge against Mullaghglass Landfill

Colin, Hannahstown & Glen Road Residents mount challenge against Mullaghglass Landfill

By Ciaran Moynagh Comment Closed
Residents are mounting legal action over the smell from a Belfast landfill site. Mullaghglass Landfill has been the subject of more than 100 complaints from residents to the authorities. Phoenix Law has been instructed by concerned residents to commence litigation to ensure steps are taken by the Northern Ireland Environment Agency (NIEA) and the local council.e are angry and it feels like things are getting worse Resident Mairead Connolly said: “It is simply unacceptable that we have had to suffer this for so long. “We are angry and it feels like things are getting worse. “As a result of the inaction, we have now instructed our solicitors to initiate legal proceedings.” Harry Robinson, of Phoenix Law, said the statutory bodies were absolving themselves of responsibility by failing to take action. He added: “We have now initiated legal proceedings in which we intend on seeking damages by way of compensation for those residents affected by this ongoing odour.” The Mullaghglass Landfill site in Belfast (PA) In November, Environment Minister Edwin Poots...
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Permission to challenge PSNI decision to question

Permission to challenge PSNI decision to question

By Ciaran Moynagh Comment Closed
A north Belfast republican has secured High Court permission to challenge a decision by police to stop and question him at an airport. Lawyers for Aidan Ferguson claim anti-terrorism legislation was unlawfully used to examine him on his return from a trip to Spain. He was granted leave to seek a judicial review in a case brought against the PSNI. Mr Ferguson, who describes himself as a community activist, issued proceedings over an incident at Belfast International Airport in November 2019. The Ardoyne man claims he was approached on arrival by police officers who knew his name and gave the impression they were stopping him for specific reasons. He was informed that the action was being taken under Schedule 7 of the Terrorism Act 2000, according to papers in the case. During a 20-minute period he was allegedly asked his views on the Irish border, Brexit and British Prime Minister Boris Johnson. In an affidavit provided as part of the case, Mr Ferguson claimed he was not...
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Black Lives Matter protesters being treated as organised criminals

Black Lives Matter protesters being treated as organised criminals

By Ciaran Moynagh Comment Closed
Phoenix Law continue to act for those fined at the BLM protests in Belfast and Derry. Recently, those speakers and organisers of the events have had to attend for interview to be questioned about offences under the Serious Crime Act 2007. We continue to support those individuals challenging fines and those considered organisers. Pre-Action Protocol correspondence has issued with a view that judicial review proceedings will issue in the near future. Full Story Here ...
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