Darragh Mackin has been described as ‘a rising star on the international legal scene’ (Irish Times) and a ‘Champion of the Cause’ (The Parchment). In July 2016, Darragh was the first ever Ireland based Lawyer to be nominated, and in turn to win, an award at the prestigious London Legal Aid Lawyer of the Year Awards.
He has developed a specialist practice in Human Rights, Public Law, Actions against Public Authorities and International law. He continues to appear in some of the most complex Inquests and Inquiries in both Belfast and Dublin, having recently successfully acted in the reopening of the Stardust Inquest, appearing in the Ballymurphy Inquest, and securing the public inquiry into the activities of Ireland’s most notorious paedophile, Bill Kenneally.
He regularly advises individuals and companies both domestically and internationally, with a particular specialism in data protection and privacy. Darragh recently advises on the challenges emanating from the misuse of social media, GDPR, and an individual’s right to be forgotten’ online.
He has acted in cases at all levels including the Supreme Court, The European Court of Human Rights, the African Commission on Human Rights and the United Nations Special Procedures.
In addition to practice, Darragh is an associate lecture of Public Law at the University of Ulster and has delivered a number of guest lecturers at Cambridge University, Trinity University, Queens University Belfast, and DCU.
HUMAN RIGHTS & PUBLIC LAW
- Sarah Ewart & Amnesty International (Re Sarah Ewart)
Darragh acted on behalf of Sarah Ewart and Amnesty International in the seminal judicial review challenge brought against the abortion laws in Northern Ireland. In the landmark decision, the Court ruled that the Abortion Laws in Northern Ireland were incompatible with Human Rights.
- The Hooded Men (Ireland v UK)
Darragh was instructed by a number of the Hooded Men in the application for revision of the Ireland v United Kingdom 1978 decision by the European Court of Human Rights on torture. In addition, Darragh acted in the landmark judicial review challenge Re Francis McGuigan  which challenged the failure to conduct an effective human rights compliant investigation. The Court of Appeal ruled that it was unlawful not to investigate the allegations of torture, and as a result, an independent Police Force has now been tasked to investigate the treatment of the Hooded Men.
- The Glenanne Series (Re Edward Barnard)
The Glenanne Gang were responsible for more than 120 murders between the years 1972 – 1978 in the area commonly referred to as ‘the murder triangle’. Darragh initiated Judicial Review Proceedings against the Chief Constable of the PSNI for the failure to conduct an overarching investigation into the allegations of state collusion arising out of the Glenanne Gang murders. In the seminal case of Re Edward Barnard, the Court of Appeal ruled that it was unlawful not to investigate the evidence of state collusion. As a result, the independent police team Operation Kenova headed by Jon Boutcher has now been appointed to investigate the state collusion in the 120 murders.
The relevant media footage can be accessed here.
- Loughgall (Re Brigid Hughes)
Instructed by the Loughgall Truth & Justice Campaign and the families bereaved as a result of the shootings at Loughgall on 8th May 1987. Darragh was instructed before the High Court and Court of Appeal in respect of a decision taken by the Secretary of State that the decision to grant an Inquest into Loughgall was ‘National Security Sensitive’. In September 2015, the Advocate General announced that a fresh inquest was to be held into the fatal shootings at Loughgall. As a result of a political stalemate, the necessary funding for the legacy inquest system was withheld. In an unprecedented decision the Court ruled that the then former first Minister Arlene Foster MLA had acted unlawfully in failing to release the funding and quashed the decision. After initiating contempt of Court proceedings, the necessary funding was released to the Coronial Service for Legacy Inquests.
- Aidan McAnespie
Darragh is instructed by the family of Aidan McAnespie who was murdered as a result of a shot fired from a British army sanger in 1988. On June 2018, on foot of an application lodged on behalf of the family, a decision was taken to prosecute David Holden for the killing. Darragh continues to act for the family in the ongoing prosecution.
The relevant media footage can be accessed here .
- Fergal McFerran – The Brexit Case (‘The Peoples Challenge’ – Gina Miller No.1)
In 2016, Gina Miller initiated legal action challenging whether the Royal Prerogative can override or undo Acts of Parliament. The challenge arose out of the controversial use of the prerogative to execute Brexit, and to leave the EU. A group of individuals including two British citizens living in France, a Gibraltarian national, a Welsh citizen and Fergal McFerran, president of NUS-USI formed the ‘peoples challenge’. Darragh was instructed by Fergal McFerran. The Supreme Court held by a majority, that the UK Government could not initiate withdrawal from the European Union without an act of parliament. This lase has been dubbed by legal commentators as one of the most significance constitutional cases of the decade.
INQUESTS & INQUIRIES
- The Stardust Inquest
Darragh acts for the families bereaved as a result of the tragic fire at the Stardust Nightclub on Valentine’s Day 1981. In 2019, he made an application to the Attorney General in Dublin for a fresh Inquest into the deaths. He cited the fact that the investigations to date were inadequate and did not comply with human rights standards. In a landmark decision, the Attorney General ordered a fresh inquest to which is scheduled to begin in 2020. Darragh’s involvement in the campaign was described by some commentators as the ‘sea-change’ in the families’ forty year campaign for truth and justice.
- The Glenanne Gang
Darragh also acts in the ongoing Inquest into the murder of Elizabeth McDonald at the Step Inn, Keady in 1976, in which the Court has been asked to examine the wider systemic allegations of state collusion. In tandem with the above, Darragh acts in an ongoing group action civil litigation for those families bereaved and injured as a result of the Glenanne Series.
The relevant media footage can be accessed here.
- The Hickson Inquiry
Darragh acts for the victims of Ireland’s most notorious paedophile, Bill Kenneally. In 2018, he secured the opening of a public inquiry into the cover up and failings by the state relating to the activities of Mr Kenneally. Darragh is now instructed by the victims in the ongoing Inquiry currently being held in Dublin.
- Ibrahim Halawa
Darragh acted for the Irish Teenager, Ibrahim Halawa, who was detained whilst on holiday in Cairo, Egypt. Ibrahim was held in detention in excess of 3 years awaiting trial, and faced the death penalty had he been convicted. Darragh acted for Ibrahim in seeking his return to Ireland, making submissions before the EU Parliament, the African Commission on Human Rights and the United Nations. In October 2017 Ibrahim Halawa was acquitted of all charges before the Egyptian Courts and repatriated to Ireland.
Media coverage of the UN Intervention is available here.
- Lisa Smith
Darragh was instructed by Lisa and her family in seeking her repatriation to Ireland. On foot of published concerns by the United Nations, In December 2019 Lisa and her two year old daughter were repatriated to Ireland.
- Keyu & Others v Secretary of State for Foreign and Commonwealth Affairs & Another UKSC 2014/0203
This case is more commonly known as the Batang Kali Massacre case. Darragh acted for the interveners the Pat Finucane Centre & Rights Watch UK, two Non-Governmental Organisations whom are directly involved in ensuring human rights compliance in respect of the legacy of the past. Both interveners sought to make representations to the Court in respect of the applicability of Article 2 of the European Convention on Human Rights (the right to life) and its application in the context of ‘the troubles’. The Attorney General for Northern Ireland also intervened in this case.
Media coverage of this case is available here.