In the matter of an application by Martina Dillon, John McEvoy, Brigid Hughes and Lynda McManus for Judicial Review (Respondents)

Case summary

Case ID

UKSC/2025/0013

Parties

Appellant(s)

The Secretary of State for Northern Ireland

Respondent(s)

Martina Dillon, John McEvoy, Brigid Hughes and Lynda McManus

Police Ombudsman for Northern Ireland

Department of Justice and Coroners Service for NI

Northern Ireland Human Rights Commission

Equality Commission for Northern Ireland

Wave Trauma Centre

Amnesty International (UK)

ICRIR

Issue

In summary, did the Court of Appeal err by holding that: (1) The trial judge at first instance was entitled to disapply provisions of the Legacy Act under Article 2(1) of the Windsor Framework (and the related EU and Treaty mechanisms); (2) The trial judge was wrong to find no violation of the European Convention of Human Rights ("ECHR") with respect to the ability of the Independent Commission for Reconciliation and Information Recovery (“ICRIR”) to comply with its obligations under the ECHR.

Facts

This is the first ever appeal of a decision to disapply primary legislation pursuant to Article 2(1) of the Windsor Framework. In 1997, Martina Dillon’s husband was shot and killed in Northern Ireland, making up one of the more than 3,500 killed, with another 40,000 injured, from the time of the Troubles. Around 1,200 cases remain unsolved. There are 700 civil cases in the judicial system, and less than 20 approaching trial. On 18 September 2023, the Northern Ireland Troubles (Legacy and Reconciliation) Act (the “Legacy Act”) received royal assent, granting conditional immunity to those involved in death from the Troubles. As of 1 May 2024, police investigations, the police ombudsman and various inquests into the Troubles were replaced with a new body, the ICRIR, which is to carry out reviews of these deaths and harmful conduct. An application was made to apply for judicial review, challenging various provisions of the Act. These included those which: created and facilitated immunity from prosecution; established ICRIR, its functions and its working mechanisms; controlled the disclosure of material to and by ICRIR; prohibited criminal enforcement action in relation to Troubles-related offences unless ‘serious’ or ‘connected’; and ended inquests, criminal investigations by police, civil proceedings and police complaints. Colton J, in the High Court found that the provisions which related to conditional immunity from prosecution (sections 7(3), 8, 12, 19 – 22, 39, 41 and 42(1)) were in breach of Articles 2 and 3 ECHR, and that the prohibition on criminal enforcement action in section 41 breached Article 2. He also concluded that section 43(1), in terminating civil claims issued between 17 May 2022 and 18 November 2023, was a breach of Article 6 ECHR. In respect of those provisions in which he had found breaches of the ECHR, he concluded that they also breached Article 2(1) WF. Colton J rejected the submission that ICRIR was not capable of conducting an Article 2 ECHR compliant investigation. In agreement with the High Court, the Court of Appeal found that the conditional immunity provisions of the Legacy Act were disapplied by Article 2(1) of the Windsor Framework. The Court of Appeal additionally found that the Legacy Act’s restrictions on civil actions; as well as the current method in which the ICRIR dealt with complaints, particularly in relation to the effective participation by the next of kin and in relation to disclosure, were each a breach of the Human Rights Act. The Appellant appeals these decisions

Date of issue

24 January 2025

Case origin

PTA

Linked cases

Appeal

Hearing dates and panels are subject to change

Justices

Lord Hodge

Lord Leggatt

Lord Stephens

Hearing dates

Start date

15 October 2025

End date

15 October 2025

Permission to Appeal

Permission to Appeal decision date

7 April 2025

Permission to Appeal decision

Granted

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