Judicial Review: Barriers for Trans people to obtain Gender Recognition Certificate removed

Judicial Review: Barriers for Trans people to obtain Gender Recognition Certificate removed

BARRIERS to transgender people in Northern Ireland securing official acknowledgment of their preferred identity are to be removed by a settlement reached in a High Court challenge. Earlier this year a judge ruled that requiring a woman seeking a gender recognition certificate to prove she is suffering from a "disorder" was incompatible with her human rights. Issues remained unresolved over the obligation for applicants to provide two medical reports - one from a GP and one from a specialist in the field of gender dysphoria. But the Belfast Health Trust has now agreed to provide the woman, referred to as JR 111, with access to the necessary consultant. It will also fund assessments and reports for current and previous patients at a regional gender identity clinic in the city. With the confirmation bringing an end to JR 111's challenge, her solicitor described the outcome as a great relief after spending years trying to obtain medical reports. Ciaran Moynagh of Phoenix Law said: "More widely, it is...
Read More
Scappaticci  case to proceed

Scappaticci case to proceed

Mr Justice Horner refused to stay the civil actions brought over alleged wrongdoings by Freddie Scappaticci, who denies that he was the agent codenamed Stakeknife. Scappaticci’s suspected activities while in charge of the IRA’s internal security unit – commonly known as the ‘Nutting Squad’ – are at the centre of an ongoing police inquiry into a series of murders, abductions and possible state misconduct. Jon Boutcher, the former Chief Constable of Bedfordshire heading the Operation Kenova investigation, wanted the court to postpone all civil claims until his probe and any related criminal proceedings are finalised. But the application was refused due to potential ongoing delay and the entitlement to a fair and expeditious trial of the actions under Article 6 of the European Convention on Human Rights. Mr Justice Horner pointed out that the alleged offences occurred up to 35 years ago. “Memories inevitably are fading, some of those involved in the litigation or those who will be important witnesses have died and some are...
Read More
RUC officer referred to PPS in connection with murder of Reavey brothers

RUC officer referred to PPS in connection with murder of Reavey brothers

A former police officer could face prosecution over the murder of three brothers in 1976. John, Brian and Anthony Reavey were shot multiple times in their home in Whitecross, South Armagh. Darragh Mackin said for over four and a half decades the Reavey family have pursued a dignified and admirable campaign for justice which at times seen certain corners vilifying Eugene Reavey. Today exonerates our client’s campaign for justice which has exposed the state sponsored Glenanne gang. ...
Read More
Judicial Review – JR159: School starting age

Judicial Review – JR159: School starting age

Legislation governing the compulsory school starting age for children in Northern Ireland is inflexible and unjustified, the High Court has ruled. A judge also held that a prematurely born four-year-old boy's human rights could be breached if he is forced to begin classes in September. Mr Justice Scoffield urged the Department of Education to try to reach an agreement with the child's family before the new term. Northern Ireland's starting age for pupils is the currently lowest in Europe. Urgent judicial review proceedings were launched after a request for the boy to be allowed to commence school in September 2022 was refused. Lawyers for the boy argued that it was an arbitrary and unfair situation where the start date would be put off by 12 months if he had been born just a day later. They claimed the decision is incompatible with rights to private and family life under Article 8 European Convention on Human Rights. The Department's legal representatives told the court that while legislative reform is...
Read More
Prosecution of soldier to continue in the case of Aidan McAnespie

Prosecution of soldier to continue in the case of Aidan McAnespie

The family of Aidan McAnespie has welcomed a decision to continue with the prosecution of a former British soldier charged with his manslaughter. Former Grenadier Guardsman David Jonathan Holden shot Mr McAnespie dead close to a checkpoint on the border at Aughnacloy in Co Tyrone in February 1988 as he made his way to Aghaloo GAC's grounds. Confirmation that the prosecution case against him will continue came after the trial of Soldier F, who was accused of murdering two men, William McKinney and Jim Wray, on Bloody Sunday in Derry in 1972, was halted. The trial of another squaddie, Soldier B, who was accused of murdering 15-year-old Daniel Hegarty in 1972, has also been stopped. Both cases had been reviewed by the Public Prosecution Service after a judge ruled that statements given by former soldiers involved in the 1972 killing of Official IRA man Joe McCann were inadmissible. The court found that when the soldiers gave their statements to the Royal Military Police in...
Read More
International Academy of Family Lawyers

International Academy of Family Lawyers

Ciaran Moynagh has been admitted as a Fellow of the International Academy of Family Lawyers. The association is a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries. IAFL was formed in 1986 as the International Academy of Matrimonial Lawyers to improve the practice of law and administration of justice in the area of divorce and family law throughout the world. https://www.iafl.com/fellows/ciaran-moynagh/28244 ...
Read More
Supreme Court: Hooded men case commences

Supreme Court: Hooded men case commences

Supreme Court challenge to a court ruling that stated an independent investigation should take place into the treatment of the group of internees known as the ‘Hooded Men’ is to begin hearing opening submissions. The PSNI appealed the 2019 ‘Hooded Men’ torture case, challenging a previous ruling that an investigation into their treatment should now proceed. Today, the UK Supreme Court will hear the PSNI Chief Constable’s challenge to an Appeal Court judgment in favour of the ‘Hooded Men’. There were originally 14 men, who in a 1971 round-up of hundreds of people during internment, were taken from their homes hooded, and brought by helicopter to an army base. There, in units specially designed for the purpose, they were put through so-called 'deep interrogation', using five techniques of sensory deprivation notoriously used before and since in a number of conflicts worldwide. This included them being subjected to controlled, extreme deprivation, forced to spend long hours standing with their arms stretched out and their fingers touching the wall,...
Read More