Legacy Litigation arising out of the conflict is one of the most complex and novel areas of our practice. We are committed to helping and assisting those families who have been bereaved or injured by the conflict in litigating their cases before the Courts in Belfast and Dublin.
We have been involved in the various strands of legacy litigation varying from complex inquests, and criminal investigations to civil actions for damages arising out of state collusion or unlawful killing by the various authorities.
In the absence of a human rights compliant investigative process to investigate the past, victims have been forced to seek to uphold and vindicate their rights by way of litigation before the Courts in Belfast.
Having been involved in some of the most significant legacy cases to come before the Courts, our team has expert knowledge in navigating the complex obstacles which arise out of legacy litigation including the unique disclosure process often involving Closed Material Proceedings hearings (“CMP”) and Public Interest Immunity (“PII”) arising out of claims of national security by the defendants.
Members of our team acted in the landmark case of RE Brigid Hughes which held that the then First Minister had acted unlawfully in not providing the necessary funds for Legacy inquests. As a result of a threat by Team Phoenix to initiate contempt of Court proceedings against the Secretary of State, the necessary funding for legacy inquests was duly released.
Phoenix Law is instructed in the seminal case of Flynn v Chief Constable of the PSNI which sought to issue guidance as to how disclosure is conducted in legacy cases. In addition, we continue to appear in some of the most complex and challenging inquests arising out of the troubles such as the Glenanne Gang inquest, the Loughgall ambush, the Ballymurphy Inquest, and the Mid Ulster Murders series.