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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Kieran Smyth wins right to challenge return to prison

Kieran Smyth wins right to challenge return to prison

Kieran Smyth was granted leave to seek a judicial review of the Secretary of State's decision to revoke his licence. It is claimed that it was unlawful to revoke his licence prior to a recommendation by the Parole Commissioners and that the Secretary of State wrongly appears to have suggested our client should be recalled for reasons of deterrence and to set an example. Proceedings were issued in a bid to have the revocation quashed. Following a hearing at the High Court Mr Justice McAlinden granted leave and listed the case for full hearing in February next year. Solicitor Gavin Booth said: "We believe our client was unlawfully recalled to prison without good reason and we intend to challenge this fully." ...
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We are Recruiting!

We are Recruiting!

Team Phoenix is a diverse group of Human Rights Lawyers who are collectively committed to the protection of fundamental rights and values.  Phoenix Law is a unique solicitor practice in its makeup and structure. For more details please see our core values.  Roles (1) A solicitor to join our Criminal & Regulatory and Public Law Teams (2) A Personal Assistant to join our Public Law, Inquests and Inquiries Team(3) A paralegal to join our Actions Against the Police Team To apply for any of the above positions please send a cover letter and CV to recruitment@phoenix-law.org. In the cover letter please set out (1) why you believe you are someone who would be suitable for Team Phoenix, (2) the role you are applying for, (3) your previous experience, (4) any specific areas of interest, and (5) any other relevant details or qualifications. The process will involve two stages:(1) The cover letter and CV will be assessed and those suitable candidates will be selected for interview; (2) Interviews will be held and successful candidates...
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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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Covid 19 – Barber restrictions challenged.

Covid 19 – Barber restrictions challenged.

A group of Belfast barbers have threatened the Northern Ireland Executive with legal action over the region's strict coronavirus restrictions. The businessmen are also challenging the Executive on its decision-making process that led to the regulations coming into force. The barbers include Sean Lawlor of Cambridge Barbershop, Andrew Kavanagh of Camlough Barbers, David Lutton of The Corner Barbershop, and Padraig McShane of Cut N Edge. The Northern Ireland Executive announced that close-contact services, such as hairdressers and beauticians, were among a range of businesses required to close until November 13. A scientific paper that guided the Executive's recent decisions on the introduction of the circuit-break, estimated the closure of hairdressers and beauticians could reduce the virus's reproduction number (R number) by 0.05. The paper was published as part of an initiative by the Department of Health to increase transparency around the decision-making process. The group say they are concerned about the "scientific, medical, epidemiological evidence" and how it has been interpreted by Government ministers.  Darragh...
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