Gender Recognition Act – requirement of ‘disorder’ incompatible with human rights.

Gender Recognition Act – requirement of ‘disorder’ incompatible with human rights.

A High Court Judge held that the obligation to prove disorder via medical reports in order to secure official recognition of preferred gender is incompatible with human rights. The woman, who began her transition more than 20 years ago, took legal action in a bid to obtain a new birth certificate. But in order to obtain the necessary Gender Recognition Certificate (GRC) she must provide evidence of a specific disorder - gender dysphoria. Her lawyers that amounted to unlawful stigmatisation. Ruling on the challenge, Mr Justice Scoffield found that the specific requirement to prove she was suffering from a disorder was unjustified. He described it as “an unnecessary affront to the dignity of a person applying for gender recognition through the legal process set out for that purpose by Parliament”. Judicial review proceedings brought against the Government Equalities Office (GEA) focused on the terms of the Gender Recognition Act 2004. Granted anonymity, the woman claimed in an affidavit that the legal requirement caused her to...
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Allison Morris and Aoife Moore case heard before High Court in Dublin.

Allison Morris and Aoife Moore case heard before High Court in Dublin.

Journalists, Ms Allison Morris and Ms Aoife Moore have had their cases commenced at the High Court in Dublin this afternoon before Mr Justice Allen.  In two separate applications, heard together, they sought an Order for an expedited hearing in respect of seeking disclosure of the details of the users to whom persistently targeted, harassed and defamed them on the social media platform Twitter.  At the hearing today, the Judge agreed that the matter was of an urgency which enabled the Court to deal with the cases today and has now listed the matter for a full hearing on the issues on Friday 4th June 2021.  At the hearing on 4th June 2021 both our clients will seek “Norwich Pharmacal” orders compelling both Twitter and Mr Harris to identify those behind the offending posts on the social media platform.    Darragh Mackin and Claire McKeegan, Partners of Phoenix Law acting for Ms Moore and Ms Morris: “We are glad that the Court has recognised the...
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Journalist, Aoife Moore initiates proceedings against Twitter and Eoghan Harris.

Journalist, Aoife Moore initiates proceedings against Twitter and Eoghan Harris.

We act on behalf of the distinguished journalist, Aoife Moore.  Our client has been the subject of an extensive and malicious campaign of online abuse which encompassed in excess of 120 tweets from two accounts in a period short of twelve months.  The tweets sought to attack our client’s reputation and undermine her professionalism and integrity. Most concerning of all, some of the tweets directed at our client sought to belittle her views and undermine her professionalism through the use of misogynistic language.   Our client has now taken steps to initiate proceedings against Twitter and Mr Eoghan Harris (a former journalist) to compel the urgent disclosure of the relevant information to which identifies the other parties involved in this reprehensible conduct.  All of those individuals involved in such conduct should be identified without any further delay.  Aoife Moore said: "For over a year these obsessive attacks on me have sought to damage my reputation and standing as a journalist among my peers and colleagues. These posts tagged other...
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Journalist, Allison Morris issues proceedings against Eoghan Harris and Twitter

Journalist, Allison Morris issues proceedings against Eoghan Harris and Twitter

Award winning Journalist, Allison Morris has issued libel proceedings seeking Injunctive relief requiring Eoghan Harris to disclose all fake accounts he has used to harass and defame her on the social media platform, Twitter over a period of months as well as all those other individuals who were involved. Allison Morris States: The sustained and obsessive attacks on myself by these accounts occurred at a time and in a manner that was clearly designed to damage my professional reputation. That other journalists were tagged in the abusive posts a tactic designed to spread these dangerous and defamatory allegations to as wide an audience as possible. As a female journalist and commentator, the posts also had a deeply misogynist tone to them, all too common on social media. Women working in the media are not fair game for those who wish to control every aspect of our profession and dictate who is entitled to a platform. Claire McKeegan, Partner of Phoenix Law acting for Ms...
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The Ballymurphy Inquest – ‘All entirely innocent’

The Ballymurphy Inquest – ‘All entirely innocent’

Ms Justice Keegan sitting as the Coroner has today published her findings in respect of the Ballymurphy Inquest.  The findings make it clear that the killing of our client’s father at the manse field was disproportionate and without justification.   The Court found that there was no evidence put forward which supported the Military’s original version of events.  Crucially, the Court pointed to stark fact that a child who was also in the field on the night in question had been shot.   The evidence as adduced at the inquest confirms that the killing of our client was wholly unjustified.     In addition, the Court has found that the lack of management and preparation for the military operation was a breach of the European Convention of Human Rights.   Today’s decision vindicates the Ballymurphy family’s campaign for truth, justice and accountability.  The Court has today corrected the record.  Our client, and all the families killed at the Ballymurphy massacre, were innocent victims shot and killed by the...
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Lisa Smith wins legal battle in London court to the Decision to exclude her from the UK.

Lisa Smith wins legal battle in London court to the Decision to exclude her from the UK.

On the 31st of December 2019 Lisa Smith was served with a notice by the British Home Secretary to exclude her from the United Kingdom on the grounds of national security.  Ms Smith appealed against this decision to the Special Immigration Appeals Commission (commonly referred to as SIAC) sitting in London.  The case was heard on 21st April 2021.  It was an agreed fact between the parties that a national of an EEA state who is not also a British citizen can be excluded from the United Kingdom. Accordingly, Irish nationals or citizens can be excluded, but not those with dual nationality. Ms Smith argued that she had close family connections to the North of Ireland and often travelled across the border for a variety of reasons.  Crucially, she argued that in any event, her father having been born in Belfast was entitled to be treated as a dual national and by virtue of his dual nationality, it would be unlawful to...
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Transfer Test: Further Challenge

Transfer Test: Further Challenge

An eleven-year-old child and her parents have issued a legal challenge against the current arrangements which will see Transfer Tests beginning in less than three weeks, in the face of new, tighter, government pandemic restrictions. The child, who cannot be named for legal reasons, has significant underlying health conditions and is being forced to accept the lack of adequate safeguards if she hopes to advance her education at grammar school. As it stands, AQE (the private test provider), with the support of Minister Peter Weir, intend to require all those sitting the Transfer Test to mix at test centres on specified dates. This will involve, in many cases, hundreds of children from across Northern Ireland gathering at a location. The family believe this is dangerous. Current rules dictate that test centres should take all “reasonable” steps to assure the safety of children, however in the view of our client this has not happened and cannot be guaranteed. Obvious alternatives (like tests being carried...
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Judicial Review: Prison Transfer

Judicial Review: Prison Transfer

Our client Martin Saunders has secured leave in his judicial review against the decision not allowing him to return to serve his sentence in Ireland. In his action against the Minister, the Irish Prison Service and the State, he seeks orders and declarations including quashing the decision to refuse his transfer request and that his constitutional rights have been breached. Mr Justice Charles Meenan, following a one-side only represented application, granted leave to bring proceedings and said the matter can return in January. source ...
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