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: Requirements for Gender Recognition Cert.

Judicial Review: Requirements for Gender Recognition Cert.

We are instructed by a trans women seeking to secure a gender recognition certificate without the need of obtaining medical evidence and a diagnosis of gender dysphoria. The matter was heard in December for two days and we expect judgment in early 2021. Ciaran Moynagh, partner said: “She simply wishes to obtain a Gender Recognition Certificate to have her reality reflected on her birth certificate. “She takes issue with the need for a medical report confirming she has gender dysphoria, given that the World Health Organisation no longer believes it is a disorder and the fact there is no medical expertise in Northern Ireland that can assist with the application process.” Mr Moynagh added: “The lack of treatment, support and medical expertise in Northern Ireland that assists trans people in obtaining a GRC is a long-standing issue that the Government has acknowledged but taken no steps to resolve. ...
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Shortlisted: National Diversity Awards

Shortlisted: National Diversity Awards

A record breaking 64,000 people nominated this year alone and the results are finally in for the National Diversity Awards, with an astonishing 126 nominees being recognised for their various achievements nationwide.  Community organisations and role models from across the UK will head to  Liverpool Anglican Cathedral on 26th February to witness the countries 2020 winners being crowned the best of UK diversity.  Amongst those being honoured are charities, campaigners and activists, all of whom work tirelessly to combat injustice and discrimination in very different ways. Our Ciaran Moynagh, Partner is nominated for Positive Role Model for LGBT Community. He said "It really is a great honour to be shortlisted for such a prestigious award and it is a true testament to the work we do in Phoenix Law and the core values we have as a staff team. This shortlist is a recognition for everyone in the office and im humbled to lead on this issue." The full shortlist can be viewed here ...
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Landmark Challenge: Humanist Marriage recognition in England & Wales.

Landmark Challenge: Humanist Marriage recognition in England & Wales.

Next week the High Court in London will hear a legal challenge brought by six couples looking to have legal recognition of humanist weddings. Ciaran Moynagh, Partner noted, "The time for asking to be accommodated is over. The courts are now the only appropriate and realistic method of moving this issue on. Following a successful case in Northern Ireland, momentum is on our side, and I believe couples who look forward to a legally recognised humanist ceremony should take great heart and hope from that." The legal challenge is being supported by Humanists UK. Andrew Copson, Chief Executive commented, "Couples who have humanist weddings see that day as the epitome of their love and commitment to each other, and all they want is the same legal recognition for that as is given to every religious person in our country." Full Story Here ...
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School Transfer Test proceeds to full hearing.

School Transfer Test proceeds to full hearing.

The High Court of Justice granted leave in the judicial review case challenging the delay of the transfer test in Northern Ireland this year. After the hearing our clients mother said, "By the Court granting leave acknowledges all the concerns parents have been raising for weeks now.  I have felt helpless and my daughter’s emotional wellbeing is suffering. I am encouraged and relieved by todays positive outcome as I know that this test will have significant consequence on my daughters future and life potential. Like every other parent, I simply want what is best for my daughter and this test occurring in November certainly is not that." Ciaran Moynagh commented, "It is certainly in the public interest to have the action or inaction of all transfer test organisers scrutinised. We must remember at the heart of this are many 10 – 11-year-old children that are extremely anxious about what is expected of them in these uncertain times. The Court has indicated that the...
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Black Lives Matter – Fines & Prosecutions.

Black Lives Matter – Fines & Prosecutions.

At recent rallies in Custom House Square, Belfast and Guildhall Hall Square, Derry in support and solidarity for Black Lives Matters the Police Service of Northern Ireland issued 60+ fines to those attending. They further have informed those considered organisers that files will be passed to the Public Prosecution service for consideration of prosecution. Phoenix Law have now been instructed by the majority of those individuals who received fines as well as the organisers to challenge the actions of the Police. Urgent pre action correspondence has issued. Ciaran Moynagh said "Northern Ireland should be hearing the voices and words of the brave people who spoke at the rally’s in Belfast and Derry. Instead we are hearing about people being fined for exercising their rights in what was a responsible manner." Darragh Mackin said "the PSNI erred in law by misconstruing the Regulations. Attending a protest is not, in and of itself, an offence and the socially distanced day of solidarity was not unlawful." Sinead...
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Phoenix Law participate in LGBT Awareness Week

Phoenix Law participate in LGBT Awareness Week

As part of the diverse program for LGBT Awareness Week 2020, our Ciaran Moynagh took part in a virtual session coined 'Legal Queeries' hosted by Aisling Tomey, Advocacy Officer at the Rainbow Project. The discussions covered many matters to include, family law, same sex marriage, immigration, blackmail/ revenge porn as well as wills and probate. The Rainbow Project offer support and advocacy all year round. Visit their website https://www.rainbow-project.org/ or contact them in confidence on (028) 90 31 90 30. If you require any advice on the issues highlighted contact our office for a free initial consultation 02890328383 ...
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Doc Series: Nolan Inside Hydebank

Doc Series: Nolan Inside Hydebank

In a three part series aired on BBC One NI Stephen Nolan gets an insight into the young men detailed at Hydebank College. In episode 1 our client William Boyd talks of his remorse for an incident that occurred at Bangor Pier. Our Ciaran Moynagh spoke with Stephen on BBC Radio Ulster about the issues experience by some of the most complicated and vulnerable members of our society. Take a Listen - Ciaran speaks at 19.40mins Have a watch of the series. ...
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