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

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

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

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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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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