Writ - Issue 246 - Spring 2025

THE EZINE OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 246 Spring 2025

THIS ISSUE

The Society welcomes its new President, Colin Mitchell Enhancing Access to the Profession Training and Entry Pathways

Easements Considerations for a Conveyancing Solicitor

Equal Treatment Bench Book Lady Chief Justice

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Ezine of the LSNI Autumn Spring 2025 2020

THE EZINE OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 246 Spring 2025

PUBLISHERS The Law Society of Northern Ireland Law Society House 96 Victoria Street BELFAST BT1 3GN Tel: 028 9023 1614 E-mail: writ@lawsoc-ni.org Website: www.lawsoc-ni.org

THIS ISSUE

The Society welcomes its new President, Colin Mitchell Enhancing Access to the Profession Training and Entry Pathways

Easements Considerations for a Conveyancing Solicitor

EDITORIAL TEAM Tony Caher, Editor David A Lavery CB, Chief Executive Alison Grundle Peter O’Brien Paul O’Connor Derval McFetridge Elizabeth Dowling

Contents

DESIGN SHO Communications Consultants DISCLAIMER The Law Society of Northern Ireland and its agents accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine and any view or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, editor or publisher. The editor reserves the right to make publishing decisions on any advertisement or editorial article submitted to this magazine and to refuse publication or to edit any advertisement or editorial material as seems appropriate to the editor. The Law Society of Northern Ireland and its agents do not endorse any goods or services advertised, nor any claims or representations made in any advertisement in this magazine. No part of this publication may be reproduced without the written permission of the copyholder and publisher, application for which should be made to the publisher. © Law Society of Northern Ireland 2025

www.lawsoc-ni.org

Equal Treatment Bench Book Lady Chief Justice

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Foreword

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In Conversation with President Colin Mitchell

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Society Annual Dinner 2024

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NOW Group - President’s Charity of the Year

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The Social Value of Legal Aid - Report launch

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Launch of the Society website

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Enhancing Access to the Profession

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The Future of Outreach

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Local Association Forum Update

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Sports Law Conference

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Law Tech Conference

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Clinical Negligence Practitioners Group Annual Conference

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Conveyancing Week 2024

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Easements

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Advanced Advocacy Courses 2025

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Law Society Mentoring Programme

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Equal Treatment Bench Book

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Law Society Mediation Service AGM

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Pro Bono Choir

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Meet the Trainees

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Youth Court Practice in Northern Ireland published

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From the Courts - Abstracts of recent Case Law

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Conquering the Email Avalanche - LawCare

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Foreword Dear Colleagues It is remarkable to think it has been 5 years since the Covid pandemic started and the legal world has returned to a large extent to the levels of business and working practices (in office) that pertained before 2020. The residual remote court hearings are of immense benefit to busy practitioners and, at the same time, reduce costs for clients and for the public purse. Anecdotal evidence suggests that legal business is at sustainable levels leading to a modest outlook for the profession in the medium term.

There are, of course, serious issues facing members in relation to remuneration and the ability of small and medium sized private practices to recruit and retain young solicitors. All of these concerns were identified by our President, Colin Mitchell, in his speech at the Annual Dinner. Members should be aware that the President, Council members, the Chief Executive and Secretariat are working tirelessly and lobbying the Minister and her officials to address remuneration issues for private firms urgently.

However, the solicitor’s profession is innovative and resourceful. If firms are forced out of publicly funded work and poorly remunerated contentious business, there are opportunities to be seized in other areas of practice. There is a growing commercial and property market. Many areas of work previously the exclusive preserve of others are, with the advent of AI, now accessible by solicitors, whatever the size of the firm. One can identify planning, environmental law, estate planning, trusts and tax advice as examples. AI, properly applied, enables this profession to carry out legal research and reduce the tedium of document examination.

The Society will continue the work of pressing for remuneration at levels necessary to enable all our citizens to have access to justice. While endorsing those endeavours we must ensure that the profession in all its facets continues to function and prosper so that we can still attract the brightest and the best in the future.

Tony Caher Editor

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Ezine of the LSNI Autumn Spring 2025 2020

President Colin Mitchell in conversation with Head of Member Services, Alison Grundle

Traditionally, The Writ has included a profile of the incoming President. Last year, Darren Toombs introduced a more relaxed approach with a chat over a coffee in the Law Club. 2025 President Colin Mitchell has also decided to follow the same format this year.

Welcome President, you’ve been in post for a couple of months now. How are you finding it?

It’s a bit of a stop start. It begins in November with lots of meetings and a number of calendar events, the annual dinner etc.

Then there’s the break for Christmas. So you really only get into the day-to-day grind of it in January but my diary is definitely filling up now.

For those members who don’t know you yet – tell us a little about yourself.

I was born in Lisburn. None of my family has a legal background. I studied Law at the University of Dundee, came back, was apprenticed to McCartan Turkington Breen and have been there ever since, and I’m now a senior partner. . . . And now President of the Law Society Yes, to become President, you have to have been a Council Member so it’s a path that takes time. Before becoming involved with the Society I was involved in the Belfast Solicitors’ Association and other bodies. I’ve never been one for sitting on the sidelines shouting and waiting for someone else to sort things out. That doesn’t necessarily mean a seat on Council. There are lots of other ways to support the profession, such as through sitting on Committees. For me it’s a case of you can’t get anything done if you aren’t on the inside and I wanted to be on the inside to influence

Ezine of the LSNI Spring 2025

decisions and making change possible.

You mentioned Committees, every Council member sits on various Committees as do other members who are co-opted. What’s your passion for Committees?

I’ve been Chair of the Contentious Business Committee for the past number of years.

Most of my working life has been spent on litigation and licensing which are both covered by that Committee, so that’s an obvious one. It has allowed me, to have that ballast behind the things I feel are important and the policy decisions I want to drive.

Albeit those must align with the objectives and direction of Council and your fellow solicitors. But, if there’s something you really want and have a passion for then you should enquire about joining the Committee dealing with that matter and throw yourself in! You really can make change happen. It’s also useful to be able to speak to decision makers, MLAs etc. under the banner of the Law Society – a respected name and organisation.

And in terms of commitment, is being on a Committee demanding of your time?

It’s not overly demanding, but it is what you make of it to a certain degree. To get the most out of it, you will have to commit a bit of time. Most Committees meet monthly or every six weeks. In addition there may be a specific project or a consultation that needs a response and you can put yourself forward to work on that. If it’s a matter you have an interest in you’ll want to get involved and make your voice heard. That usually involves another meeting here or there, but there is a good secretariat which looks after a lot of the admin. It really is up to you though – but to make sure your ideas are being considered you’re talking perhaps another 1-2 hours per month as a Committee member.

You’re certainly an advocate for members getting involved. 2025 is an election year.

Do you have a message to members?

Put yourselves forward! Elections are online these days so it’s easier to get your name out to the electorate and Council meetings are online so it no longer requires a trek to Belfast. Don’t be afraid to stand for Council.

As well as a new Council in November, we will also have refreshed Committees and you can be co-opted onto a Committee without sitting on Council.

The Presidential Team - From left: Darren Toombs, Senior Vice-President, Colin Mitchell, President and Mark Borland, Junior Vice-President.

Looking ahead at the rest of this year – what else will you be focusing on?

Remuneration needs to be addressed. It is important for our firms as businesses to be able to operate in a way that drives financial security, that allows more work to be taken on and makes practice work attractive for younger solicitors. This year you’ll see us doing a lot more advocacy work on the hourly rate and on Legal Aid fees.

I’m also very keen on looking at conveyancing rates – I believe they are currently too low. It’s a fool’s errand to say an increase would lose clients. We need to have the confidence to charge our worth.

There’s currently a consultation under way on ‘entry routes to the profession’ undoubtedly this is another passion of yours?

Definitely, but it should be a passion for all of us. The consultation leaves nothing off the table, so to speak. The National Minimum Wage issue last year created a lot of debate about this and the Society has responded. So please take some time and get your responses in. I’m really looking forward to seeing what members think and to moving this forward.

Thank you very much, President.

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Journal of the LSNI Spring 2025

Society Annual Dinner 2024 Neary 200 solicitors attended the Law Society of Northern Ireland’s Annual Dinner which was held in the Culloden Hotel on 5 December 2024.

Speeches were delivered by the Society’s new President, Colin Mitchell, guest speaker, Maeve Monaghan, NOW Group and Tony McCann of McCartan Turkington Breen, speaking on behalf of the newly admitted solicitors.

During his keynote address the new President, Colin Mitchell, welcomed the newly admitted solicitors to the Law Society as well as the trainee solicitors who had been invited to the dinner. He also outlined his support for his chosen charity, NOW Group.

Journal of the LSNI Spring 2025

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Ezine of the LSNI Spring 2025

Make 2025 the Year of Diversity in your Legal Practice: Partner with NOW Group In the UK, approximately 24% of the population—around 16 million people— identify as disabled. This includes 11% of children and 23% of working-age adults.

Neurodiversity specifically encompasses conditions such as autism, ADHD, dyslexia, and dyspraxia and is estimated to affect up to 20% of the UK population. Despite this significant representation, employment rates for neurodivergent individuals remains disproportionately low.

NOW Group, a Social Enterprise operating in Northern Ireland for over 20 years has a mission to scale the number of people with learning difficulties or neurodivergence into jobs with a future. NOW Group is widely recognised as a disruptor in the marketplace, introducing innovative solutions for its participants and businesses.

The organisation supports participants to thrive in their workplace, building partnerships with businesses that see the NOW Group place multiple people in one company and across many sectors. To date, NOW Group has made a huge difference. In the last five

years, they have supported over 7,000 people with disabilities to gain 4,600 accredited qualifications and secure 700 paid jobs. It’s this level of impact that the organisation continues to be focused on delivering across the island of Ireland.

• JAM (Just a Minute) Card® training for Business: Sign up to JAM Card’s e-learning programme to train your staff on how to support internal staff and external customers with invisible disabilities. It only takes your staff 15-20 minutes to complete.

When chosen as The Law Society’s Charity Partner of the Year for 2025, NOW’s CEO, Maeve Monaghan said “ In today’s everchanging workplace you must adapt to survive, and this sector is no different. I am here to say you don’t have to do it on your own. We are keen to work alongside law firms and help them become more inclusive and attractive to new recruits and clients. When done right, it’s not only the right thing to do, but it is also the right thing for your business.

It just makes good business sense. Get in touch to find out how we can support your legal practice today.”

• Social Enterprises: Operating businesses include Loaf Catering in Belfast and Dublin and Loaf Pottery in Crawfordsburn that provide real-world work experience and opportunities.

NOW Group’s Services Include: • Employment Support: Providing tailored assistance to help individuals secure and sustain meaningful employment.

There’s a range of ways that firms can engage with NOW Group to develop and support a more diverse workforce 1. Inclusive recruitment that makes you stand out from the crowd: Collaborate with NOW Group to develop recruitment strategies that attract neurodiverse talent, ensuring your hiring processes are accessible and unbiased. For businesses willing to create inclusive environments, there’s a wealth of people who want to work and who can add tremendous value to workplaces.

Ezine of the LSNI Spring 2025

Maeve Monaghan, CEO NOW Group, speaking at the Law Society Annual Dinner.

2. Retain staff with disabilities and support them to thrive: By fostering a culture of innovation and creative problem-solving, diverse perspectives often lead to unique solutions, enhancing adaptability and competitiveness. Companies that embrace neurodiversity also improve employee retention and satisfaction while attracting top talent, broadening their customer base, and enhancing their brand reputation. Contact NOW Group to hear more about their services for existing employees with disabilities who may require additional support.

3. Sign up to become a JAM Card® Friendly Business: Engage in an e-learning programme developed by NOW Group - a simple, practical and data-driven learning experience that educates staff on how to support employees and customers with invisible disabilities like ADHD, dyslexia, and autism. The programme teaches staff about neurodiversity and promoting an inclusive workplace culture.

4. Flex your supply chain and make an impact: Add Loaf Catering or Loaf Pottery to your supply chain. It’s an excellent way to use money you are already spending on catering for meetings and corporate gifting to deliver social value.

The best time to address diversity in the workplace is NOW. Make 2025 the year your business commits to meaningful change, fostering an inclusive environment, and making diversity a strategic priority.

NOW Group is the Inclusion Partner of choice for many businesses and welcomes the opportunity to talk to organisations about collaborating together to be more inclusive, recruit and retain staff from new talent pools, and deliver social value.

For more information on NOW Group and how you can partner with us visit, www.nowgroup.org

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The Social Value of Legal Aid: A Milestone Report Monday 20 January 2025 marked a momentous occasion for the Law Society of Northern Ireland with the launch of the “Social Value of Legal Aid” report.

Speaking at the event, Law Society President, Colin Mitchell, highlighted the importance of legal aid as a cornerstone of the welfare state and thereafter reinforced the importance of changing the public narrative from one which is ‘overly focused on costs and payments to solicitors towards one which acknowledges, understands and appreciates the social value generated by legal aid to families, communities and public services more generally.’

Hosted in the historic surroundings of the Long Gallery in Parliament Buildings, the event was attended by a number of MLAs keen to reinforce the critical role of legal aid in shaping a just society. Opening remarks were provided by Joanne Bunting, MLA and Chair of the Justice Committee who highlighted the crisis facing legal aid services all across the region. Ms Bunting reiterated her concerns for the profession explaining how solicitors are struggling to keep a work life balance, recruit new staff and handle challenging cases while juggling the demands of practice in an uncertain and inadequate funding environment.

Ms Bunting remarked, ‘Legal Aid is more than just a publicly funded service provided by legal practitioners, it is a lifeline for countless individuals navigating complex legal challenges. Without adequate funding, legal aid is facing a cliff edge. Today’s report evidences the significant long-term benefits of having a properly resourced legal system.’

The research commissioned by the Law Society and carried out by Rocket Science Consultancy, was presented by Dr Patricia O’Lynn, Head of Policy and Engagement at the Law Society. After laying out the context to the study, Dr O’Lynn explained key findings such as the gross return on investment into legal aid generates over £1 billion in return.

Drilling this down to reflect the return on investment across three areas of legal practice - criminal, civil non-family and family - she highlighted that for every £1 invested in legal aid, up to £8.32 is generated in direct and indirect savings.

Taken as a whole, the report not only provides metrics of impact but also social and environment benefits which ensure access to justice for the most vulnerable in society. For instance, a key benefit of legal aid is that it helps to avert deeper social problems such as homelessness, family breakdown, and crime by enabling individuals to maintain employment, secure their liberty and ensure improved family relationships.

Notably, more than 75% of legally aided cases involve individuals facing significant socio-economic challenges. This figure details the pivotal role legal aid plays in upholding the principles of fairness and equality by empowering individuals to navigate complex legal systems and ensure access to justice.

As the report confirms, the societal impact of legal aid extends far beyond courtrooms.

Its influence resonates through schools,

workplaces, and neighbourhoods, fostering resilience and equity.

Conclusion In a timely call to action, President Mitchell, reflecting on the findings, stated, “This report arrives at a pivotal juncture, as legal aid continues to face challenges from funding pressures. The data solidifies what we in the legal community have long known: that legal aid is not a cost but an investment in a fair and equitable society.”

The Law Society’s commitment to raising awareness around legal aid’s essential contributions will be amplified in the months ahead. Through strategic engagement with stakeholders — from policymakers to local community groups — our aim is to ensure that legal aid receives the recognition and support it deserves.

We also call on the legal profession to champion these findings in their practices and to continue advocating for accessible, fair legal resources for all. As legal practitioners, our shared responsibility is to uphold justice in its most practical and impactful form.

The ‘Social Value of Legal Aid’ makes a compelling case for the enduring importance of legal aid in Northern Ireland. As we celebrate its launch, let us also renew our commitment to a future where justice is accessible to all, irrespective of their means.

We look forward to further discussions and collaborations arising from this milestone publication. Together, let us ensure that the social value of legal aid remains at the forefront of our shared pursuit of justice.

For more insights, visit our website or connect with us at upcoming Law Society events.

Journal of the LSNI Spring 2025

Launch of the Law Society Website A new website for the Law Society of Northern Ireland was announced at the 2024 AGM and launched in early December.

This upgrade was needed to address a number of stability issues.

However, we have also taken the opportunity to make some structural changes and prepare the site for future developments. All of the content you had access to before is still available with some changes to the look and feel.

What’s new?

Information on the profession

Visitors to the site will notice a slightly new structure. This is to accommodate the different sides of the Society and needs of users.

The main public pages of the website now focus on four main areas:

Navigation and searching were identified as particularly in need of improvement, and this has been a focus area when designing the new site. The new navigation and menu structure should now complement searches to help users find what they are looking for.

- Education and joining the profession in “Becoming a Solicitor” - Policy and engagement work in “Our Agenda for Justice” - General information on the Society and the governing legislation in “About” - Information on working with the profession in “Using a Solicitor”

What to look out for…

Consumer information resources are being updated and expanded with the hope that these will be more accessible to members of the public. The current guides can be found on the Guides for the Public page.

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Member area What to look out for…

The member site has also been refreshed with some new categories for information based on what you are looking for, all of which can be found from the members’ dashboard, which can be accessed by selecting from the following:

Member specific FAQs can be found on the main membership dashboard. These will continue to be built on to help answer some of the common questions about membership.

Practice & Careers for information on career progression, including resources for Trainees, as well as information on Mentoring and becoming a Master. The practice support section contains those resources that are most needed when running a private practice, such as Data Protection guidance, Practices for Sale and Cyber Crime awareness.

Regulation & Compliance brings all regulations and AML guidance into one place. You will also find more information on Practicing Certificates and Solicitor’s Financial Services Regulations.

Resources by Subject this part of the site has been specifically built to house the many resources collated over the years that solicitors may need day to day. The search function will help to find specific directives or forms, or members can browse to the relevant practice area.

CPD Training a single point to find answers to all of your CPD queries, this page includes more about the Regulations as well as access to upcoming events, the digital library and a link to your CPD record to keep updating throughout the year.

Library & Publications all of the journals and reports published by the Society can be found here, along with general information on what Library Services provides and how to get in touch.

Benefits & Partnerships an area that will be developed in the coming years. This is where we will be highlighting member discounts that are available, health and wellbeing initiatives and any partnership agreements negotiated for the benefit of members.

Member Engagement a new area of the website, the Member Engagement section hosts information for members on Council and Committees, Local Associations, and other opportunities for members to get involved.

Having problems with access?

All members of the Law Society of Northern Ireland can access the member area of the website. Make sure we have your most current email address on our system as this is what will be used to automatically generate your account. The first time accessing the site you will need to set a new password.

If you need to check or amend the any of your personal details held by us, please contact records@lawsoc-ni.org How to give feedback or get in touch if you have queries or ideas As we continue to develop the website there will be opportunities to comment and share ideas. If you are interested in providing feedback, please send your details through to media@lawsoc-ni.org

Law Society of Northern Ireland www.lawsoc-ni.org

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Enhancing Access to the Profession – A Consultation on Training and Entry Pathways in Northern Ireland The Society launched an important consultation on future of qualification and entry routes into the solicitor profession in Northern Ireland on 3 December 2024. This consultation provides an opportunity to shape the pathways for aspiring solicitors and ensure they meet the evolving needs of our profession.

The Society invites you to engage in the debate and make your views known by responding to the consultation before 14 March 2025.

Key Areas for Consultation The consultation explores several critical areas, including: Law Society of Northern Ireland

• Alternative and flexible routes to improve access to the profession.

• Addressing barriers to entry, re-entry, and fostering diversity.

Purpose

Enhancing Access to the Profession

The purpose of this consultation is to seek input from our members and other interested parties on the current vocational training and entry routes into the solicitor profession in Northern Ireland. This initiative builds on previous consultations and recent engagement initiatives, recognising the need to reassess and potentially reform the pathways to solicitor qualification in response to evolving professional demands.

A Consultation on Training and Entry Pathways in Northern Ireland

Objectives The consultation aims to: Gather Views of Members and other stakeholders on Vocational Training Requirements: We seek to understand the full range of perspectives on the effectiveness and relevance of the current vocational training framework, particularly regarding its strengths and weaknesses as the primary entry route into the profession.

Explore Additional, Alternative and Innovative Entry Routes: Recognising the changing needs of the profession, this consultation will explore potential additional and alternative entry pathways, which may include apprenticeships, part-time/hybrid options, or expanded recognition for relevant work experience. The objective is to ensure that qualification routes are inclusive, accessible, and aligned with contemporary legal practice demands.

• Enhancements to existing qualification pathways.

November 2024

Ensure Training Aligns with Evolving Professional Needs: As the Northern Ireland legal landscape continues to change, it is essential that solicitor training continues to keep pace with new challenges and expectations. We are therefore keen to gather insights on how vocational training can be enhanced to meet the future needs of the solicitor profession in Northern Ireland.

Identify Barriers and Challenges for Aspiring Solicitors: The consultation also seeks to address potential barriers faced by individuals pursuing a career in law. Understanding these obstacles - whether financial, geographic, or structural - will help us identify ways to make the profession more accessible to talented individuals from diverse backgrounds.

By engaging members and key stakeholders in this consultation process, the Society aims to foster an informed, collaborative approach to refining solicitor qualification pathways, ensuring that future solicitors are well-equipped to meet the demands of the profession and the communities they serve.

Why Your Input Matters As a member of the legal profession, your insights are crucial to ensuring that any changes to qualification routes reflect the realities of modern legal practice. This is your opportunity to contribute to a discussion that will directly influence the future of our profession, shaping it to remain robust, diverse, and reflective of the communities we serve.

We welcome views from all stakeholders and interested parties in relation to the proposals outlined. Your responses will help to shape our thinking on the future requirements of vocational training and admission.

The consultation and other related documents are available here on the Law Society website.

Please read it and respond. It essential that you make your views known. The consultation period will end on 14 March 2025.

Online questionnaire Our online consultation questionnaire is a convenient, flexible way to respond.

Alternatively, you can email your response to consultation@lawsoc-ni.org or print and mail the form to: Professional Development Department Law Society of Northern Ireland 96 Victoria Street Belfast BT1 3GN Please contact us at consultation@lawsoc-ni.org if you need to respond to this consultation using a different format or if you have any questions about the consultation.

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The Future of Outreach Denise Hanna, Legal Education, Training & Engagement Officer discusses the benefits of outreach and increasing accessibility to the profession.

Why targeting secondary school students could help increase accessibility to the profession In April 2024, the Law Society attended the Causeway Business Education Partnership annual Area Careers Convention at the Diamond, Ulster University Coleraine. Over 1000 pupils from local schools attended.

Becoming a

Solicitor in Northern Ireland

In November 2024, we had the opportunity to represent the Society at Wallace High School Inaugural Careers Fair. This was attended by over 800 pupils and parents. These events were extremely well received with excellent feedback recorded.

We want to support employers and organisations providing legal opportunities to ensure that they are capturing talent from a diverse pool of enthusiastic candidates. In a survey carried out by the Law Society’s Professional Development Department in 2023 over 70% respondents saw that lack of clarity/ knowledge about the solicitor career path and inadequate information about the qualification process was a key barrier to entry to the profession.

One way of addressing these obstacles to entering the profession is by targeting younger audiences.

The importance of targeting students at secondary school At the ages of 16 to 18, students are deciding a career pathway and consider attending university. If we, as the representative body and members can target prospective candidates before the school leaver age, then we can ensure that they have all the relevant information to make educated decisions about their future.

The Society wishes to focus on disseminating information on how to access the

Becoming a Solicitor in Northern Ireland

Scan this

Scan here for further information

Law Society of Northern Ireland

www.lawsoc-ni.org

Ezine of the LSNI 15 Spring 2025

profession to secondary school students so that when it comes to making decisions that affect their future such as choosing A Levels and university degrees, they are well equipped. To assist with this, we have produced an information leaflet on Becoming a solicitor in Northern Ireland which includes an overview of the solicitor profession its functions and role as well as practical information on how to train, qualify and become a solicitor.

There are also QR code cards that students can scan to access this leaflet. These resources are available from the Law Society.

Opportunities for working in collaboration We are happy to collaborate if you, your firm or organisation is interested in supporting school students by attending Careers events and talks. We are all committed to nurturing future talent and creating a more diverse profession. For further information, please contact education@lawsoc-ni.org or via the Local Association forum at memberservices@lawsoc-ni.org

Career events in schools provide an invaluable opportunity to connect with aspiring legal professionals. Many students we spoke with, primarily in years 10 to 13, were extremely enthusiastic about a career as a solicitor but lacked the information about the pathway to get there. Our goal was to explain the route to becoming a solicitor and hopefully inspire them to begin that journey.

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Just under 1/3 of solicitors work in the public sector, in government departments or as in-house solicitors in companies and other organisations or in the third sector (non-governmental and non-profit-making organizations including charities).

There are over 450 solicitors’ firms throughout Northern Ireland. Most work in small or medium-sized firms. A number of firms have a signific ant international presence.

Solicitors from Northern Ireland continu e to influence and contribute to the Administration of Justice in many jurisdictions around the world and to leading legal bodies including the Interna tional Bar Association and the Commonwealth Lawyers Association.

Many solicitor firms maintain a strong global presence, providing legal services and support to international companies and clients.

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Mark Borland takes on new role as Chair of the Local Association Forum Sheelagh Walton, Member Services Development Manager, talks to the Junior Vice-President about his role with the Forum and plans for the year ahead.

Congratulations on your new position as Junior Vice President. One of your key responsibilities is chairing the Local Association Forum. How did this come about?

Thank you and yes, I’m so pleased to take on this role. The Forum has been running for just over a year now and has already proven its value. With the Junior Vice President chairing, it adds a direct link to Council, which is an important step forward.

Beyond that, it gives me a critical perspective on the issues small and micro firms face. By engaging with these concerns early, I can enter my Presidential year with established relationships, a wealth of insights, and a strong foundation to help shape Society priorities and decisions.

What is the background to the Local Association Forum?

The idea for the Forum had been discussed for some time before it officially launched in November 2023. A noticeable gap had emerged between the membership and Council, which became particularly evident during the National Minimum Wage issue when relationships hit a low point.

The Forum was created to help bridge this gap. It’s designed to strengthen connections between smaller practices, their associations, and Council while improving visibility, trust, and engagement.

What’s currently on the Forum’s agenda?

The agenda is entirely shaped by the members. My role is to facilitate and ensure

discussions remain productive. Last year, remote court access through Sightlink was discussed, and members talked about the importance of utilising Court User Groups at a local level, while issues raised were also represented to the Judiciary.

forward, we will implement an Issues Status Report to enhance focus, accountability, and provide reassurance on progress.

The Forum played a significant consultative role in the Judge Burgess Review on Criminal Legal Aid and the NICTS Modernisation Programme. Its growing profile has made it an essential platform for addressing critical sector challenges.

That’s a great question. Success can be measured in several ways. Firstly, strong attendance is a clear indicator of engagement and confidence in the Forum.

When members actively bring issues forward and engage in open discussions, it demonstrates the value of the process.

What’s new for 2025?

We’ve just had our first Forum meeting of the year, and there are a few changes to note. Invitations now extend to Association Secretaries and to the Northern Ireland Young Solicitors Association, broadening our representation. My priority is to bring a wide range of sector experiences to the table.

I provided an overview of the 2025 Strategic Priorities as presented at Council.

There are seven key priorities, each led by a Council member. As JVP, I’m leading the Communications and Engagement workstream, which aligns perfectly with my role in the Forum.

To increase transparency, we’re introducing a new agenda item where the Chair of one of the Society’s Practice Committees will join each meeting to provide an overview of their work and highlight key discussion topics.

But the primary focus will remain on hearing members’ concerns, opening discussions, and ensuring we capture actionable next steps to maintain momentum. Moving

How will you measure the Forum’s success?

Momentum is another key measure—seeing the issues raised at the Forum discussed further in Committees and at Council with tangible actions being taken.

A revitalisation of local associations as active support networks is another sign of progress. These associations are vital for fostering opportunities in local communities, strengthening relationships with MLAs, and working with local Court User Groups.

Even small steps, such as increased social engagement, would be a win.

Finally, this is an election year, and I hope our work through the Forum inspires members to run for Council. Increasing awareness about how the Society operates and encouraging active participation would be a huge achievement.

Ezine of the LSNI Spring 2025

Sports Law Conference The Sports Law Conference NI 2024 took place on 15 November 2024 at Law Society House, bringing together 91 delegates from across the sports and legal sectors to explore key issues surrounding women in sport, diversity, and governance. With a diverse lineup of speakers and panel discussions, the conference provided valuable insights and practical ideas to drive meaningful change.

The event opened with an address by The Honourable Madam Justice Denise McBride, who emphasised the urgent need for legal frameworks to address gender inequalities in sport. She highlighted the importance of representation and role models in creating a more equitable sporting landscape. Keith McGarry, of Sports Law NI, expanded on this theme, offering reflections on the persistent disparities in the sector and proposing actionable steps to promote equality.

Professor Jack Anderson, an expert in global sports law, followed with insights into current research and the challenges affecting sport globally, focusing on governance, commercial pressures, and regulatory changes that continue to shape the industry.

Law Society of Northern Ireland

Attendees were introduced to compelling data and research from Nora Stapleton of Sport Ireland, who outlined how innovative policies and programmes are reshaping opportunities for women in sport. Lisa O’Keefe MBE, representing the International Working Group on Women and Sport, explored what makes policies effective, drawing on case studies from international initiatives to illustrate the value of collaboration and insight-sharing.

A particularly inspiring session focused on Olympic and Paralympic reflections. Sinead Chambers, GB Paralympic physiotherapist, shared her experiences working with elite athletes and the challenges of supporting high performance on the global stage. Rachel McCann, who competed at the Paris 2024 Olympics, spoke about her dual journey of excelling in sport while pursuing a PhD, highlighting the resilience required to balance these demanding paths. Lady Mary Peters, Olympic Gold Medallist from the 1972 Munich Games, reflected on her distinguished career and discussed the impact of the Mary Peters Trust, which has supported over 4,000 Northern Irish athletes during its four decades of operation.

The day concluded with a thought-provoking expert panel discussion, featuring Feargal Logan (Logan & Corry Solicitors), Andrew Nixon (Sheridans, London), Angela Platt (Irish Football Association), Bernie Fox (GAA), and David Humphreys MBE (Performance Director, IRFU). The panel explored a range of topics, including governance, diversity, and high performance, offering practical insights to address the challenges faced by the sports sector.

The conference underscored the importance of collaboration and the exchange of ideas in driving progress across sport and law.

With the Sports Law Conference NI 2024 now successfully concluded, planning is already underway for next year’s event, which will build on this year’s success and continue fostering positive change.

A special thank you goes to Ken Nixon and Keith McGarry, our co-chairs, for their tireless efforts in organising the event.

17

18 Ezine of the LSNI Spring 2025

IN BELFAST Over 120 people attended the LawTechUK in Belfast event held in the Clayton Hotel on 26 November 2024.

The conference was organised by Legal Geek in partnership with the Law Society of Northern Ireland bringing together solicitors, innovators and policymakers within the Law Tech space.

Attendees heard from a range of speakers with varying perspectives who shared their insights and experiences.

Proceedings began with a conversation between Katherine Warren, the Head of Law Tech Programmes at Code Base, and Omaghbased solicitor Emma Fox of Fox Law. They discussed Emma’s Law Tech venture Lawri.AI, the journey up to that point and next steps.

Next up was Sally Parkinson, the Director of Judicial and Legal Services Policy within the Ministry of Justice and she discussed the

Ministry’s vision for Law Tech across the UK. The Northern Ireland Courts & Tribunal Services’ Chief Modernisation Officer (NICTS) Karen Ward presented on the Themis Programme, the NICTS’ ambitious project of service transformation. She updated attendees on the modernisation work underway within the courts, explaining in detail what had been completed up to that point as well as the timeline for future changes.

This was followed by a presentation from John Keers, lecturer and course director at Ulster University. He spoke on the work of the Legal Innovation Centre and how they are preparing the next generation of lawyers.

Attendees heard a series of product showcases. They were addressed by Gary Lyons founder of the dispute resolution tool TalkTerms, Ieuan Leigh CEO of due diligence platform Validient, Adam Curtis CEO and MD of case management software Howla and

Sarah Hanfrey co-founder of email assistant FileOps. The conference concluded with a solicitors’ panel comprised of Emma Fox, James Milliken from Carson McDowell and Jude Copeland from Cleaver Fulton Rankin and chaired by Angela Brady of Brady Solicitors. They discussed the ways in which the profession is making the most of technology in their day-to-day lives, including the practicalities around procurement and implementation as well as how solicitors are rising to meet the challenges and seize the opportunities that new technologies present.

The panel captured the spectrum of professional experience, encompassing small and large practices as well as rural and urban firms.

Presentations were followed by networking and lunch.

Feedback from the event was overwhelmingly positive and the Law Society looks forward to hosting similar conferences in the future.

Ezine of the LSNI 19 Spring 2025

Clinical Negligence Practitioners Group Annual Conference 2024 On Thursday 5 December 2024 the Society’s Clinical Negligence Practitioners Group held their annual conference in Law Society House to a full capacity audience delivering a programme of events that included expert training and the latest developments, crucial to practitioners.

Sumer NI sponsored the event (formerly ASM Chartered Accountants), with the Board Chair, Mr Paddy Mullarkey providing the opening address to delegates, welcoming them and giving a brief overview of the proceedings for the day. The morning session focused on legal aspects of clinical negligence and the afternoon session was given by medical experts, delivering presentations on the topic of Cauda Equina.

Mr Justice Colton opened the session with an entertaining presentation on “Lawyers and medics – which profession will outlast the other?” Master Harvey presented on civil procedure, case law and case management.

Management Board members provided the annual case law update, and Sumer NI presented on relevant developments in forensic accounting.

Following lunch, the medical presentations were delivered by Dr James Stuart, Consultant Emergency Medicine Physician on the assessment and treatment of patients with suspected incipient and established cauda equina in the ED, and Mr Christoper Pidgeon, Consultant Neurosurgeon on causation and operative care of cauda equina post referral.

After a fulsome day of informative and educational presentations, delegates, presenters and sponsors retired to the Law Club for a drinks reception and an opportunity to network with colleagues in a collaborative atmosphere.

20 Ezine of the LSNI Spring 2025

Conveyancing Week 2024 The Law Society of Northern Ireland launched its second Conveyancing Week, running from 14-18 October 2024. The purpose of the week was to highlight the central role of solicitors in the conveyancing process. The Society continued the engagement with the student population and estate agents and surveyors and also hosted its first consumer event.

Social media was extensively utilised during the week to raise the public’s awareness of the solicitor’s role.

As an overview of the week, the itinerary included: • The annual Conveyancing Conference, sponsored by DUAL Asset, was attended by over 400 delegates at Titanic Belfast and featured updates on the most topical conveyancing issues. The programme was curated from the feedback at the 2023 Conveyancing Conference and from the Presidential roadshows. Topics included boundary and mapping issues, economic considerations, Anti-Money Laundering, a Conveyancing update and an overview of the incoming Practice Directions.

A judicial update from Mr Justice Huddleston was also well received by attendees. The overall feedback from the Conference was overwhelmingly positive and the Society will use this feedback to tailor its CPD offering to meet the needs of its members.

• Building on the student events from 2023, the Society organised student events at Queens University Belfast, the University of Ulster and for the trainee solicitor cohort at the Institute of Professional Legal Studies with a curated panel of solicitors who practise outside of Belfast. They kindly and candidly provided their insights on daily life in conveyancing practice working outside the Belfast area, and the benefits of such a career path. These events were well attended and received, and the Society continues to proactively engage with the universities in relation to promoting a career in private high street practice. The Society would like to thank the panellists for their time and insight: Natalie Bronkhurst, Ciaran Hampson, Cormac McGirr, Enda McKaigue, Simon Murray, Julie Ann Osborne, Michael Preston, Donia Reynolds and Jonathan Scullion.

• Following the introduction of the remainder of Material Information from the National Trading Standards (NTS), Estate and Letting Agency Team, the Society has been engaging with NTS on how this interacts with the People, Professionals and Property document, launched in

Conveyancing Week 2023 together with RICS and NAEA Propertymark. A breakfast event, held at The Mac featuring a panel comprising representatives from the solicitor, estate agent and surveyor profession and a representative from NTS proved popular and engaging. The Society continues to liaise with NTS regarding how Material Information impacts the solicitor profession. Uptake of the People, Professionals and Property document, a mandatory Home Charter document remains under review. The document and associated questionnaire and sales advice note were designed between the professions to identify key issues early to allow them, where possible to be addressed to avoid delays if discovered late in the process.

The questionnaire was designed not to replace Replies to Pre-Contract Enquiries but rather to allow agents to set expectations in expanding on the vendor’s circumstances for selling, including timescales and viewing times for example and for solicitors to identify items which can cause delays if discovered late in the process such as building control matters, management company matters and also in relation to discharge consents.

• The final element of Conveyancing Week was a social media campaign for a consumer event featuring a panel session to address common questions about a

y Agreed

Ezine of the LSNI 21 Spring 2025

Completion

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solicitor’s role in the conveyancing process and a mini fair with solicitors, estate agents, surveyors, and mortgage brokers, with representatives from Co-ownership also in attendance. The Society worked with social media influencer, India Sasha, who promoted and hosted the session, generating the questions for the panel session from her social media followers. Property News and Property Pal also heavily promoted the event. Throughout this, the message of a solicitor’s role in the conveyancing process reached over 62,000 accounts on social media.

• The Society is delighted to have such ongoing support and interest in Conveyancing Week and will continue to build on this for future events in promoting the role and importance of conveyancing solicitors.

• The Society would like to sincerely thank all those who assisted in organising the week’s events.

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22 Journal of the LSNI Spring 2025

Easements

Claire McNamee, Conveyancing and Non-Contentious Business Lead looks at recent case law involving easements and potential considerations for a conveyancing solicitor.

Are easements an issue?

Research by the Society into the causes of conveyancing claims revealed that claims relating to easements accounted for 29% of the sample of 102 conveyancing claims in the period between 2018 and 2023.

The 2024 data indicates that this figure continues to track.

Recently, there have been several cases involving easements which are worth consideration for solicitors in practice which relate to rights of way and septic tanks and soakaways, which account for around 30% of the claims that relate to easements.

Leeper v Murphy [2024] NICh 3 concerned a disputed easement involving a septic tank and soakaway.

Background By way of brief background, in or around 1990 a part of a parent folio had been gifted to the Leepers. On the death of the original transferor and grantor of the easement, Mr Murphy inherited the remainder of the parent folio. A drawn-out dispute followed.

An Order had previously been made in the County Court in 2019 granting a right of entry, maintenance, repair and replacement in respect of drainage to the Leepers, who also were to comply with a covenant to cause as little damage as possible and make good any damage caused in exercising their rights under the easement. The easement in this case also was subject to relevant NIEA consent and building control approval.

Upon a physical excavation in 2020, it transpired that the pipes extended further than initially assumed and other issues were revealed regarding function and comingling of waste and stormwater. It was suggested during the case that some of the

original installation works had potentially been carried out by the original owner of the parent folio who was the father of Mrs Leeper, and they may not have been in accordance with the easement that had been granted at the time of the transfer.

Background

It was held, in order to meet the intention at the point of the original grant that an easement should be granted that was compliant with NIEA requirements which had inevitably changed over the passage of time. An expert was appointed to design and oversee this.

Whilst the existence of a prescriptive easement under the doctrine of Lost Modern Grant was not in dispute; the issue was whether the previous use was commercial or residential. It was determined that the use which established the easement was to access a dwelling. Also, of note in this matter, was that whilst the plaintiffs had extended the width of the right of way; the prescriptive easement was limited to the original extent of the right of way which was significantly narrower.

Takeaways for practitioners

Takeaways for practitioners

From a conveyancing perspective, it highlights the risks involved in family transfers where rights need to be granted or reserved. In considering those also a holistic view is needed of all the circumstances, such as with a septic tank or sewerage system where there may be flooding or environmental considerations. All parties need to be clear at the point of transfer of exactly what rights are involved so they can be documented accurately. It may involve a professional mapper so that it can be clearly understood by all and registered.

For future transfers, especially where a lender is involved, there is a risk where the easement isn’t correctly in place in certifying title as good and marketable referenced in sections 4.1.1.2, 5.4.1, 5.5.3.3 and 6.8 of the UK Finance Lenders’ Handbook. Other considerations include ongoing practical, maintenance and insurance considerations.

Whilst future requirements can’t be predicted, scope for potential changing regulatory requirements may also need to be factored in.

When acting in any purchase of land where there is an easement, it is key to consider what a client’s plans are for the land and if there are changes anticipated; and ultimately whether an existing right of way, whether prescriptive or otherwise, will be impacted by future use which is outside the original use of the right of way. The key consideration is whether any proposed future use is material in nature rather than a change or intensification in use, being mindful of any risk of the easement being extinguished on that basis.

Hemel v Moy Furniture Ltd [2024] NICh 5 related to the nature and extent of a right of way.

McElwee v Fulton R/11/2022 was a Lands Tribunal case relating to an application to modify a right of way.

Background The applicants owned the servient land and had received planning permission for a substantial residential development of 201 properties. The planning permission required a rerouting of the existing right of way which the respondent enjoyed. The request was refused by the respondent, and an application was made to the Lands Tribunal under the Property (Northern Ireland) Order 1978 to modify or extinguish impediments under Article 5.

Ezine of the LSNI 23 Spring 2025

The Tribunal concluded that the respondent’s right of way was not exclusive and there was no provision for the exercise of any control over the surface of the lane, the boundaries, or the abutting properties by the respondent. Over time, the laneway use had increased with the construction of a further four properties from the original two. The Tribunal also considered, although the case did not turn on this, that if the right of way was not altered, around 11% of the land zoned for housing in the area would be rendered sterile. It was determined that the proposed rerouting still permitted access for the dominant tenement but not altering the right of way would be a significant impediment to the applicants use and enjoyment of the land. The Tribunal ordered the modification of the right of way subject to a satisfactory alternative right of way being arranged.

Takeaways The matter shows the considerations by the Tribunal when determining whether to modify a right of way. Where development is concerned, this is also something for a client to consider if easements need to be changed and any effect this may have in terms of cost.

Key takeaways regarding easements Claims relating to easements evidence a significant risk to solicitors in practice at nearly one third of the sample obtained by the Society for both the period between 2018 and 2023 and in the 2024 sample.

Where a matter does or will involve easements, it is worth considering whether any specific professional services, such

as surveying or professional mapping are required. A client is best placed to provide a full picture of what they want from the land they are due to purchase or transfer, and should bear the responsibility for preparing any maps (if a professional is not instructed), especially where new easements will be created. It is important to obtain a full picture of what is intended, such as future development plans.

Detailed attendance notes are also key to demonstrate what is intended at the time of transfer and, especially where family transfers are concerned in order to fully understand the risks that are involved to mitigate future disputes regarding the nature and extent of any easements.

Ezine of the LSNI 25 Spring 2025

Law Society Mentoring Programme Dr Andrew Godden, Professional Development & Training Lead provides an update to the Mentoring Programme Background to the Mentoring Programme The Law Society is committed to providing career development support for solicitors at every stage of their professional journey. Such support is not only important for individual members but has clear benefits for the wider profession in terms of supporting the retention and development of key talent and promoting standards of best practice.

Core to this commitment is the flagship Law Society Mentoring Programme. For 12 years the programme has played a significant role in shaping the personal and professional development of members by connecting them with experienced colleagues who work with them for 12 months to refine and pursue their goals. The scheme also provides networking events throughout the year to help mentees build their contacts and gain valuable insights from high-profile speakers from across the profession, the judiciary, business and civil society organisations.

Scores of solicitors have passed through the Mentoring Programme over the last decade, from trainees to newly qualified members and senior practitioners. Many mentees have forged longstanding friendships with their mentors which continue to this day, while others have volunteered to re-join as mentors having found the learning experience so beneficial the first time around. It is that spirit of continuous peer-to-peer support that we hope to build upon over the next decade and beyond.

Mentoring Programme 2024 Last year saw dozens of new mentees enroll on the programme from private practice and a range of in-house and public sector bodies, along with many new and returning mentors. At the start of the programme, participants attended training and onboarding sessions facilitated by Advance Coaching,

our programme delivery partner, and were given a suite of resources to help them chart their progress throughout the year.

The new programme got underway in January with a networking event and wine reception at Law Society House, during which the new entrants were able to meet each other and hear about the experiences of the previous years’ cohort. Attendees also heard from an impressive panel of speakers, including Suzanne Wylie (Chief Executive of the NI Chamber of Commerce), Jude Copeland (Legal Technology Specialist at Cleaver Fulton Rankin) and Lorraine Acheson (Managing Director of Women in Business), who spoke on the theme of ‘Building Connections’.

In September the Law Society then partnered with the Bar of Northern Ireland to hold a joint mentoring event at Law Society House. Speakers included Brigid Napier (Napier Solicitors, past President of the Law Society), Craig Dunford KC, Margaret Magennis (retired solicitor and principal founder of the Mentoring Programme) and Neasa Murnaghan KC. The speakers gave powerful accounts of how they have navigated the challenges, opportunities and changing dynamics of their professions, highlighting the importance of peer-to-peer support for overall wellbeing.

Current and Future Plans 2025 is shaping up to be another successful year for the programme. A record number of mentees have signed up and we are delighted to see several former mentees returning as mentors, continuing the virtuous cycle of collegial support for which the scheme is so well known. A vibrant programme of events is also being finalised, which will provide the new intake with great opportunities to expand their professional networks and learn from senior practitioners within, across and beyond the sector.

Of course, despite its signature status, the Mentoring Programme is only one example of the career development support that is provided by the Law Society. The CPD team continues to deliver a suite of high-quality learning and training content every year in support of the membership. This offering has expanded in recent months with the re-launch of the highly acclaimed Advanced Advocacy Course and the launch of the inaugural Vulnerable Person Practitioner Course, both of which have met with tremendous feedback from solicitors and judicial figures. Exciting new content is in development and the Society is committed to working with the membership to ensure that the CPD programme remains relevant to the career development needs of the profession, both now and in the future.

26 Journal of the LSNI Spring 2025

The Equal Treatment Bench Book This article has been written by the Lady Chief Justice following an inspiring judicial training event delivered by Lady Justice King in November 2024. The article draws from the contemporary materials used by Lady Justice King at that event.

1. Introduction In Northern Ireland the Equal Treatment Bench Book (‘ETBB’) has been referenced by the Court of Appeal in Galo v Bombardier Aerospace (UK) (2016) NICA 25 where the Court outlined principles and guidance for a fair hearing, including the need to have regard to general non-binding guidance and practical advice given in the ETBB on how best to effectively accommodate litigants with disabilities in the court or tribunal process.

Moreover, the Court outlined that courts and tribunals should pay particular attention to the ETBB and ensure it becomes part of the culture of hearings.

2. A Judicial Reference The Equal Treatment Bench Book is a key reference manual for all judicial office holders. It reminds judges that fair treatment is a fundamental principle embedded in the judicial oath and, hence, a vital judicial responsibility. It seeks to enhance the awareness and understanding of the different perspectives and challenges faced by those appearing in our courts and tribunals, establishing practices and providing information and guidance for the bench on equal treatment for all those who come before the court.

It has been an online resource since 2018 and is available as a PDF on judiciary.uk and judiciaryni.uk. The editorial Committee is made up of 10-12 salaried judges who are appointed via a selection exercise. It is constantly updated but has a comprehensive review every three years. The new ETBB was published in July 2024 and has been significantly reduced in size making it more concise and accessible.

The ETBB goes hand in hand with a number of other judicial publications that include guidance on Judicial Conduct, Equality and Diversity and Expected Behaviours. Together, these are important aspects of any judicial holder’s role where good communication

and demonstrating fairness are exercised on a daily basis. The judicial oath itself reflects these requirements perfectly – “I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.”

The ETBB is an invaluable reference source for all judges. It focuses on practical steps which judges can use to enable parties and witnesses to participate fully in the legal process and gives contextual details of people in different communities to guide judges’ communication and understanding of issues as they arise. It provides a good starting point or steer on adjustments but is not a definitive guide, as an individual’s needs may impact differently. Ultimately, it assists the judge to provide a level playing field for everyone who comes before our courts.

3. Guidance & Adjustments The ETBB provides guidance across a wide range of circumstances some of which are set out below: Litigants in Person (‘LiPs’) and Lay Representatives The ETBB helps the judge identify the challenges (faced and caused) by LiPs and Lay Representatives before, during and after the litigation process. It contains practical suggestions for enabling LiPs to participate fully in the court process. This is important as every LiP is unique and will have different and varying levels of need, therefore, a discussion with the LiP will help determine what is the fairest, most appropriate and practical approach to enable as full a participation as possible in proceedings. One example is the use of a McKenzie Friend. The judge should inform the LiP that permission is needed to use a McKenzie Friend and that their role is limited to taking notes, quietly making suggestions or offering advice and guidance to the LiP. The judge should also determine if they are being paid or have a financial or personal interest vested or otherwise.

Disability, Children and Vulnerable People The ETBB provides guidance on ensuring that all of these groups can participate fully in the proceedings. This is particularly helpful when there is no universal definition of disability or ‘vulnerable’ and is defined differently in various statutes and international instruments.

Irrespective of legal definition the key thing is to ensure reasonable adjustments, special measures or making of participation directions for individuals who have additional needs which might interfere with their ability to have a full and fair hearing.

It may also be necessary to make adjustments where welfare needs are identified. This could include: mental health problems and learning difficulties; brain injury or traumatic life experience (including exposure to drink and drugs); speech and language difficulties; vulnerability of children and young people to self harm, particularly within a custodial environment; and effect on children and young people of loss, neglect and abuse.

Special Measures, Participation Directions and other adjustments The judge will decide on the most appropriate adjustments required for each particular circumstance, which can include: - Adapt normal trial procedures to facilitate effective participation; - Active case management such as short days & breaks; -

Timetabling to avoid delay if possible;

-

Ground rules hearings [136] – [144];

-

Reporting restrictions;

- Special measures such as screens, Live link, separate waiting area or intermediaries.

There are many more sections providing guidance including the following:

Journal of the LSNI 27 Spring 2025

Chapter 6

Sex – everything from employment and domestic violence to social media

Chapter 7

Modern slavery

Chapter 8

Racism, culture/ethnic differences, antisemitism & Islamophobia

Chapter 9

Religion

Chapter 10

Sexual Orientation

Chapter 11

Social exclusion and poverty

Appendix B

Disability glossary

Appendix C

Naming systems

Appendix D

Glossary of religions

Appendix E

Remote hearings

The demographic of participation in court has expanded and changed greatly in recent years including many more litigants representing themselves – particularly in family and civil courts. As a result, the dynamics within court and tribunal hearings has been changing to adapt to the needs of all participants.

The foundation of a just and fair legal system is the principle of “equality of arms” with each participant having an equal opportunity to present their case and challenge the opposition. With the change in participant make-up there is a need to continually evaluate and evolve our understanding of how best that principle can be supported.

While great progress has been made over recent years there is still more that can be achieved. The ETBB provides the guidelines for that change and through periodic reviews and judicial training, this principle will remain at the core of what judicial office holders do on a daily basis.

Law Society Mediation Service - AGM Law Society Mediation Service held an Annual General Meeting on Tuesday 21 January 2025 in the Meeting Space, Law Society House, Victoria Street, Belfast.

The Law Society Mediation Service (LSMS) was launched by the Law Society in the summer of 2019 to support members who are mediators and promote alternative

dispute resolution in the legal landscape.

Membership of LSMS is restricted to solicitors only who have undertaken training in core mediation subjects and who are insured to mediate. The solicitor brand itself promotes confidence and this together with the reassurance that LSMS mediators are experienced and approved dispute resolvers is certainly a solid cornerstone for this service.

The AGM was chaired by Brian Speers and opened by the President, Colin Mitchell. Mr. Justice Huddleston delivered a presentation to those present on “Developments in Mediation” and then participated in an engaging question and answer session.

Following lunch, Board member John Fox together with Cormac Fitzpatrick, Catastrophic Personal Injury lawyer with Clyde & Co, jointly presented a session on Mediation in large loss personal injury litigation.

The afternoon concluded following the election of the Chair and Vice Chair positions taken up by Brian Speers and Gareth Jones. The Board members was reconstituted as follows - Joe Rice, Kevin Neary, John Fox and Michael Wilson. Emma Fox was invited to join the Board and accepted.

28 Ezine of the LSNI Spring 2025

By way of background the choir was established in 2010 with Joe Rice, Solicitor being one of the founding members. It is a not for profit, all-ability choir whose membership is drawn from the legal profession, mainly barristers, solicitors and the judiciary.

The Pro Bono Choir provided once again a magnificent evening of hymns and carols in Fitzroy Presbyterian Church Belfast on 10 December before a full house. The music was punctuated with monologues and poetry delivered by clergy, judges and practitioners.

One of the key purposes of the choir is fundraising for local charities. The choir organises and hosts two concerts each year, one at Christmas and a second in the early summer. In its short existence the choir has raised tens of thousands of pounds through ticket sales and sponsorship. The choir is actively supported by the Society, the Bar Council and the judiciary. Membership at the date of the concert stood at over 50.

Audience approval rates of the concerts and performances are such that all tickets for all shows are sold out well in advance.

This is due, in no small measure to the choir’s outstanding conductor Sheelagh Greer. Her vast experience, expertise, commitment and mischievous humour have contributed to the growth in members and raised the standard of performances beyond compare. Sheelagh is not only a conductor of great repute but is herself a Mezzo Soprano who performs

regularly throughout these islands and further afield.

All successful organisations require commitment at the top and the committee with the Co-Chairs, Sarah Minford BL and Owen Williamson ensure this choir runs efficiently. It is important that the solicitor’s profession maintains its active support for this worthwhile and extremely enjoyable activity. The commitment is not onerous, with practice once weekly for one hour at 6:00 pm in the hall at St George’s High St Belfast. Sheelagh is a time manager par excellence, so everyone is away by 7:00 pm without fail. As previously stated, this is an all-ability choir with no auditions for new members. Anyone interested can simply turn up before rehearsal on a Monday and register with the Secretary Ben Lowry BL or indeed any committee officer at hand.

It reflects so well on the profession that so many enthusiastically participate for the benefit of those less fortunate. If the altruistic purpose was insufficient everyone should note that singing in a choir has been shown to enhance brain function, strengthen the feelings of togetherness and releases endorphins and oxytocin, which reduces stress levels and prevents depression.

Who can ignore that?

Ezine of the LSNI 29 Spring 2025

meet the trainees Jack Murphy Trainee Solicitor at McIvor Farrell Belfast Homeless Services: Making a Difference in Our Community I became involved with Belfast Homeless Services (BHS) at first through my work as a paralegal and then as an apprentice solicitor at McIvor Farrell Solicitors, representing and advocating for families who had tragically lost loved ones on the streets of our community due to homelessness. We have been fortunate enough to have inquests granted in some of these cases and we hope the coronial process can find the answers these families seek.

These deeply personal cases highlighted the devastating impact of homelessness and introduced me to Liz Rocks, whose tireless dedication to supporting vulnerable individuals through BHS is truly inspiring. When Liz invited me to join as a director, I was honoured to accept, beginning my role on 18 January 2023.

BHS is a cross-community, volunteer-led organization that officially launched on 1 June 2019. We provide a vital drop-in facility three evenings a week for people at risk of or experiencing homelessness. This includes rough sleepers, hostel residents, and those sofa surfing. At BHS, service users find more than practical support such as clothing, toiletries, and basic health checks—they find a safe environment, companionship, and hope. Our services foster connection, offering recreation, a listening ear, and the chance to rebuild confidence and dignity in a welcoming space. What makes BHS truly remarkable is its incredible team of driven volunteers and directors, all of whom are united by a shared commitment to making a tangible difference in people’s lives. Every member brings unique skills and a compassionate approach to their work, ensuring we can meet the diverse needs of our service users. The dedication of

this team is both humbling and inspiring, and it’s a privilege to be part of such a passionate and focused group.

The move to our new premises on King Street marks an exciting new chapter for Belfast Homeless Services, but it also brings significant challenges, particularly with increased operating costs. This relocation will allow us to expand our operations from three nights a week to seven, ensuring that support is available every night of the week for those most in need. To make this vision a reality, we are calling on the public across Northern Ireland to support us in any way they can. Whether through a one-off or regular donation via our JustGiving link, found on our website, or by offering time as a volunteer, every contribution, big or small, helps us provide a lifeline to those who are

disadvantaged, isolated, and in desperate need.

For me, being part of BHS has been transformative. It’s a privilege to work with such a dedicated team to improve the lives of those most in need in our community. The role allows me to give back to a community and to play a small part in tackling homelessness.

My involvement with BHS has deepened my understanding of the systemic challenges surrounding homelessness. It has also reinforced my commitment to social justice and has enriched me both personally and professionally.

Homelessness is a challenge we all must face together, and I’m grateful to contribute to the incredible work being done at Belfast Homeless Services.

30 Ezine of the LSNI Spring 2025

meet the trainees Running the Florence Marathon was a rewarding experience that combined my love for running with a meaningful cause. The event, set against the stunning backdrop of Florence’s historic landmarks, was a celebration of endurance and spirit. From the moment I arrived in Florence, the excitement was palpable, with thousands of runners gathered to take part in this prestigious race. On the morning of the marathon, the sun shone brightly as we lined up at the start, ready to take on the 42.2-kilometre course that wound through the city’s beautiful streets.

Oliver Hamilton Trainee Solicitor at Cleaver Fulton Rankin

As I began my run, the stunning architecture of Florence unfolded before me. I passed iconic sites like the Duomo and Ponte Vecchio, each offering a moment of awe and a welcome distraction. The support from the crowds was incredible; locals and tourists alike cheered us on, creating an atmosphere of camaraderie that made the miles fly by. Throughout the race, I kept the mission of Abundant Life Uganda at the forefront of my mind. Knowing that generous friends and family who gave to this fundraiser would help provide education and healthcare to children in Uganda motivated me to push through the tough moments. The marathon was not just a personal challenge; it was a celebration of hope and solidarity with people from across the world all raising funds for causes they held close.

Reflecting on this experience, I am grateful for the opportunity to blend my passion for running with a cause close to my heart.

practical experience as possible. Try everything and give your everything to whatever you try.

A degree in law is so universal and a career in law even more so. It is vitally important to try and get as much exposure to as much as you possibly can.

Gemma Ross – Trainee Solicitor at Departmental Solicitors Office What attracted you to a career in law?

When I was choosing my A-levels I noted that the subjects which appealed to me the most were subjects that involved critical thinking, reasoning and persuasion and so law seemed to be the best option for me. I always enjoyed problem-solving however maths was never my strong suit in school so I felt that law would be perfect to put my problem-solving skills into action without the numbers.

What advice do you have for budding solicitors who are contemplating a career in law?

My number one piece of advice for budding solicitors is try and get as such

How did you decide to apply to the Departmental Solicitors Office?

Between second and final year of my undergraduate degree at Queen’s University I was successful in a student placement scheme run by the Northern Ireland Civil Service and I was lucky enough to be placed in the Departmental Solicitor’s Office litigation Division. The year in DSO was a challenging, rewarding and enjoyable one that solidified my aspirations of being a solicitor in Public Service. After my placement year was finished, I continued to work in DSO part-time whilst I finished my final year studies. When the time came to apply for the DSO training contract there wasn’t a doubt in my mind that it was where I wanted to train.

Can you explain how the training system at DSO works and the work you have been involved with during your training contract?

The training contract in DSO is not divided into training ‘seats’ like some firms but instead trainees assist different teams on a needs basis, whilst still “belonging” to one particular

team. This ensures flexibility and variation in my training to match the diverse workload within DSO which then enables me to get exposure to a varied workload to set me in good stead for post qualification. Moreover, the fact I “belong” to a particular team not only helps me build strong and important professional relationships but also means I have a group of valued colleagues to seek advice from when I have questions.

Work involved No single day in the office is the same as the Division deals with cases ranging from personal injury at County Court and High Court level, Judicial Reviews, Court of Appeal cases, Supreme Court cases, Employment cases, Inquests, statutory appeals in the Magistrates’ Court and much more. The breadth of DSO caseload allows me to get a sense of different legal disciplines and in turn appreciate the work of each. Some of the cases which DSO deal with are constitutionally significant, controversial and sensitive and I must admit as a trainee it is very exciting to see a case you helped with on the news!

What’s your advice for those thinking of applying for a training contract within the public sector?

I would say do it! A public sector training contract is fantastic opportunity if you want to use your legal skills to work at the heart of government in a way that benefits society.

Ezine of the LSNI 31 Spring 2025

Youth Court Practice in Northern Ireland Published

This book is the first practitioner’s guide of its kind for the Youth Court in Northern Ireland. It is an important guide and essential reading for all practitioners in the field and complements other generic criminal law texts which focus, invariably, on adults and the adult courts. The book aims to assist lawyers, police, social workers, youth workers and others involved with children and youths who engage with the criminal justice system. Sections are broken down into the stages: before court (including the investigation and diversionary disposals); procedure at the Youth Court and Crown Court; bail; court disposals; ancillary court orders; young people with learning disabilities and lacking capacity; and appeal mechanisms.

The Youth Court has developed its own bespoke intricacies over the past century and this book aims to assist lawyers, police, social workers, youth workers and others involved

with children and youths who engage with the criminal justice system. Sections are broken down into the stages: before

court (including the investigation and diversionary disposals); procedure at the Youth Court and Crown Court; bail; court

disposals; ancillary court orders; young people with learning disabilities and lacking capacity; and appeal mechanisms.

This book is the first practitioner’s guide of its kind for the Youth Court in Northern Ireland. It is an important guide

and essential reading for all practitioners in the field and

complements other generic criminal law texts which focus, invariably, on adults and the adult courts.

£35

ISBN 978-1-7395553-2-0

Copies are available to purchase (£35) via the website at https://lawsoc-ni.org/about-the-law-society/news-events/books/youth-courtpractice-in-northern-ireland

YOUTH COURT PRACTICE IN NORTHERN IRELAND Séamus McIlroy BL and John Mackell BL

The Law Society of Northern Ireland is delighted to announce the publication of Youth Court Practice in Northern Ireland by Séamus McIlroy BL and John Mackell BL.

Youth Court

Practice in Northern Ireland Séamus McIlroy BL and John Mackell BL

Law Society of Northern Ireland

THE

LAW CLUB The Law Club at Law Society House in Belfast Situated on the fourth floor, it offers a contemporary and inviting location to have a free tea/coffee and a catch up with friends, a place to reflect or work.

With a stylish design, spacious seating areas, IT supported consultation rooms and open to all Members from 9am - 5pm (Monday to Friday) the Law Club offers a unique Membership experience.

Please visit The Law Club and see for yourself what’s on offer.

Journal of the LSNI 33 Spring 2025

From the Courts Abstracts of recent Case Law Below are headnotes and links to the full text of selected judgments from the High Court and Court of Appeal.

Please note that these headnotes are for guidance only.

ADMINISTRATION OF JUSTICE Margaret Kennedy as Personal Representative of the Estate of Mary Ellen Meehan (Deceased) and Ministry of Defence Mary Ellen Meehan was a rear seat passenger in a car along with her sister in October 1971 when the vehicle was fired upon by the British Army. - both women were shot and died as a result of their injuries.

- shootings took place when the current plaintiff was aged nine. - plaintiff served a statement of claim in October 2018. - defendant requests the plaintiff’s application to be struck out as there has been a previous action in 1982, is scandalous, frivolous or vexatious and it is statute barred. - res judicata. - current action brought 35 years after the conclusion of previous action. substantive obligation regarding deprivation of life. - European Convention on Human Rights a. 2. - limitation period. - HELD THAT the statement of claim falls for various reasons as highlighted in the case and the case is dismissed.

Master Bell Kings Bench Division 2 September 2024

In the matter of an application

by Raymond McCord for leave to apply for judicial review and in the matter of the Northern Ireland Act 1998 Applicant seeks to challenge Northern Ireland Act 1998 s.4(5) which sets out the mechanism for cross-community voting in the Northern Ireland Assembly.

- applicant wishes to stand for election as an unaligned MLA who would designate as “Other”. - whether voting rights of MLAS who are neither Unionist nor Nationalist carry less weight in areas of Assembly business. - cross community voting system. - applicant is both an Irish and British citizen whose son was murdered by loyalist paramilitaries in November 1997. - opposed to “politics of orange and green”.

-whether designation system in the Assembly promotes tribal politics. - First Protocol (A3P1) to the European Convention on Human Rights. - whether application is premature as there is no election pending.

- consideration of R(Good Law Project) v The Prime Minister and Others [2022] EWHC 298 (Admin). - HELD THAT while there are valid points to be made about the continuing operation of the community designation system, application is dismissed

on the basis that the applicant has not raised an arguable case with a realistic prospect of success.

Scoffield, J Kings Bench Division 3 September 2024

CHARITY LAW Disabled Police Officers’ Association of Northern Ireland v Charity Commission for Northern Ireland Disabled Police Officers’ Association (DPA) applies for permission to appeal decision of Charity Tribunal when it dismissed the DPA’s application for a review of the Charity Commission’s decision dated 14 February 2014 to open a statutory inquiry into the affairs of the DPA. - whether the Charity Commission decision was a “relevant action” and therefore the extended rights of appeal granted under the Charities Act (Northern Ireland) 2022 did not apply and the review was accordingly out of time.- statutory inquiry. disqualification of a trustee of a charity. - removal of Mr Crawford as trustee. - whether decision was unlawful. whether appeal was out of time. - oral submissions made

by Commissioners and not staff of Charity Commission. Commission staff advised and decision to institute the enquiry made by the Commissioners. HELD THAT decision of Charity Commission is affirmed. - DPA can either seek to revive the High Court Proceedings or make an application to the Charity Tribunal to extend time for appeal.

McBride, J Kings Bench Division 25 October 2024

CRIMINAL LAW R v Glenn Rainey, Walter Alan Ervine and Robert Spiers Each defendant applied for a direction that the defendant has no case to answer. consideration of R v Galbraith (1981) 73 Cr App R 124. - extent of jurisdiction vested in a judge when sitting with a jury. - evidence of tenuous character. - identification of five men walking towards the scene of the murder and walking back captured on CCTV images. - whether considered as identification. - cell site analysis evidence. - whether cases against defendants are circumstantial. - Crown Case.

- defendants part of group

34 Ezine of the LSNI Spring 2025

responsible for the attack on Ian Ogle which resulted in his death.

- whether guilt can be proven. association with a guilty person or a person accused of a crime in the absence of other evidence.

- HELD THAT strength of each case relies on the combination of all of the evidence. - each defendant has a case to answer and applications for a “no case” are refused.

McFarland, J Crown Court 2 September 2024 R v Soldier F Application for a No Bill. murder and attempted murder.

- charges arise out of events on 30 January 1972 when 13 civilians were killed during “Bloody Sunday”. - whether court could convict based on the prosecution evidence which is considered tenuous. - consideration of Galbraith. - whether unreliability of out of court statements of Soldiers G and H. - lack of scientific or forensic evidence.

- issues with civilian evidence.

- unreliability of hearsay statements. - HELD THAT the committal papers disclose a case sufficient to put the defendant on trial. - No Bill is refused.

Fowler, J Crown Court 6 December 2024 In the matter of an application

by Feargal Markey for leave to apply for judicial review Challenge by applicant to committal to Crown Court on criminal charges. - applicant charged with 32 offences which arose as a result of the use of encrypted telephone handsets offered by a business called Encrochat. - criminal use of technology. - French and Dutch authorities set up a Joint Investigation Team ( JIT) tasked with obtaining access to the encrypted Eurochat material.

- Sargeant Decou headed the digital crime unit which carried out the operation. -data was shared with other jurisdictions and agencies including the

National Crime Agency (NCA).

- NCA launched Operation Venetic which triggered criminal investigations and prosecutions.

- admissibility and reliability of Encrochat material. - whether material was intercepted or stored. - Sargeant Decou unable to attend proceedings as bound by French secrecy laws. - whether hearsay should be admitted. - whether other statements should have been admitted. - HELD THAT application for leave for judicial review is refused Keegan, LCJ Kings Bench Division 16 December 2024

DISCLOSURE R v Dunford and Others Application pursuant to Criminal Procedure and Investigation Act 1996 s. 8. - disclosure of prosecution material. Operation Venetic. - EncroChat.

- Preparatory Holdings (PH) and admissibility of evidence pre-trial. - lack of similar PH provision in Northern Ireland. - whether end to end encrypted telephonic devices used for criminal use and the subsequent sharing of the information recovered for them

by French and Dutch authorities is admissible or reliable. consideration of R v A,B,C & D [2021] EWCA Crim 128. - objection to hearsay. - disclosure test.

- HELD THAT the hearing is a disclosure application and not an admissibility hearing. application is dismissed.

Rafferty, HHJ Crown Court 6 September 2024

FAMILY LAW In the matter of SE (a child aged 5 years) Appeal in relation to the religious upbringing of a child in care. - child permitted to attend church services and church based social activities which have a

spiritual content whilst in her current foster placement. - foster family are active members of a Pentecostal Church. - mother of SE objects to any form of religious instruction. - father has no parental responsibility.

- mother has a background of mental health issues and drug misuse. - Article 8 ECHR . - Article 9 ECHR and freedom of thought, conscience and religion. - whether child would suffer significant harm if the court’s inherent jurisdiction is not exercised. - whether the Church activities have been positively beneficial to the child’s wellbeing and development. - HELD THAT appeal is dismissed.

Keegan, LCJ and McCloskey, LJ Court of Appeal 6 December 2024

HEALTH AND SOCIAL CARE In the matter of P, a patient between MB and the Northern Health and Social Care Trust and Gold Health Care and the Official Solicitor Application for an interim declaratory order . - whether CCTV cameras should be installed in the private apartment of P at a residential care unit operated by the second defendant. - P is a 58 year old man with a diagnosis of profound intellectual disability and autistic spectrum disorder.

- P is a patient at Muckamore Abbey Hospital. - P displays self injurious behaviour as well as a range of physical aggression to others. - he is also non verbal.

- in April 2021 P was referred to the first defendant’s Positive Behaviour Support Service for the transition from Muckamore to a care home. - interim declaratory order was made on 18 May 2023. - P moved to home on 9 August 2023 with 2 staff members supporting him 24 hours a day and CCTV in the home excluding the bedroom and bathroom. - since moving to home, P’s siblings noticed several injuries including bruising to P’s chest, arms

and legs with no satisfactory explanation by staff when asked.

- further incidents occurred including one incident when there was significant injuries to his face, nose, neck and eyes. no satisfactory explanation was given by staff. - threshold of the referring to CCTV was not met so footage could not be accessed.

- family had complained to the Official Solicitor about treatment of P and lack of activities which had been scheduled. - Official Solicitor reviewed CCTV and concluded that due to inaction of his carers, P suffered significant injuries. - lack of CCTV footage in bedroom and bathroom.

- whether safeguarding of P outweighs privacy concerns. other additional safeguards were put in place as a result by Gold Healthcare endorsed by the Trust.

- whether CCTV would infringe P’s right to privacy. - HELD THAT CCTV would not extend to the bathroom or bedroom at this stage as additional safeguarding measures have been implemented. - trial period to continue.

Rooney, J Family Division 2 July 2024

INQUESTS Inquest touching upon the death of Raymond McCord Junior and decision on “troubles related” issue Whether investigation in the inquest falls within the definition of a Troubles related death, as provided by the Legacy Act. consideration of submissions

by Next of Kin, PSNI and PONI. - new Labour government and indication to re-visit the legislation. - currently prohibited by statute from progressing. whether violence perpetrated against Raymond McCord Junior was connected with conduct relating to Northern Ireland affairs. - latter was a member of UVF at the time of his death and was killed by others in the UVF. death was connected to conduct

Journal of the LSNI 35 Spring 2025

relating to Northern Ireland affairs and formed part of the Troubles. - HELD THAT the death of Raymond McCord Junior falls within the catchment of section 16A as defined by section 16C of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

Fowler, J Coroners Court 26 September 2024

INSOLVENCY Noel Shortt v Bank of Ireland and Seamus Campbell Mr Shortt and Mr Campbell were property developers and investors who owned a number of properties in Londonderry.

- plaintiff was adjudicated bankrupt in September 2012 and entered into an IVA in October 2012. - defendant Bank issued a demand for repayment of the facilities which was not met. - defendant sought to realise its securities and elected to sell as mortgagee.

- Bank added properties into a larger portfolio known as Project Lanyon which were all eventually sold. - whether defendant failed to achieve the best price for the properties.

- whether defendant under accounted the value. - whether defendant had been guilty of wrongful conduct in relation to the sale. - consideration of valuation. - best price reasonably obtainable. - stamp duty regime. - counterclaim by Bank for shortfall. - HELD THAT main action brought by plaintiff is dismissed but judgment to the Bank on the counterclaim is allowed Huddleston, J Chancery Division 30 September 2024 LEGACY In the matter of an application

by Bridie Brown for judicial review Murder of Sean Brown on

12 May 1997. - chairman of Bellaghy Wolfe Tones GAA. - ambushed, abducted, beaten and shot six times in the head. - legacy. - efficacy and diligence of the police investigation. - investigation closed in 1998 and no one was ever charged. - whether murder was carried out by agents of the state. - inquest commenced in March 2023. - public interest immunity certificates issued. request for a public inquiry to allow sensitive material to be examined and tested in closed hearing. - consideration of the legality not to establish a public inquiry. - consideration of Amin, Litvinenko, Gallagher and Finucane. - HELD THAT an order of mandamus is made compelling the Secretary of State for NI to cause a public inquiry to be held into the death of Sean Brown.

Humphreys, J Kings Bench Division 17 December 2024

LIBEL Carl Frampton v Nico Leonard Van Der Horst Defendant seeking to set aside default judgment against him on 13 February 2023 as he failed to enter an appearance.

- plaintiff is a well-known former professional boxer and a current presenter and boxing pundit. - defendant is engaged in the sale of luxury watches and operates a YouTube channel. defendant posted a video publicly revealing that the plaintiff had purchased an expensive watch from the defendant’s shop. - plaintiff believed that defendant exploited his name and reputation, and video was offensive and derogatory. whether plaintiff followed the correct procedure under the Rules of Court of Judicature.

- whether defendant has an arguable case. - meritorious defence. - HELD THAT application

to set aside the judgment is granted. - costs arising from the application for default judgment and also costs of this application are awarded to the plaintiff.

Master Harvey Kings Bench Division 25 September 2024

PLANNING In the matter of an application

by Barry O’Neill for judicial review and in the matter of a decision by Derry City and Strabane Council Applicant seeks to challenge Derry City and Strabane Council by which it granted planning permission to the Notice Party, Ms Catherine Feeney. relocation of a dwelling and outbuildings. - A6 Scheme.

- vesting order. - proposed dwelling is close to a wind turbine operated and owned by the applicant. - impact of wind turbine on dwelling. - shadow flicker. - failure to carry out an adequate inquiry in relation to the impact of noise and shadow flicker. - whether breached statutory duty to re-advertise the application. - noise assessment. - planning policies CTY1 and CTY3 within PPS21. sustainable development in the countryside. - misrepresentation and misapplication of relevant planning policy. - HELD THAT applicant’s grounds of judicial review are not made out. application is dismissed.

Scoffield, J Kings Bench Division 23 September 2024

PRISONERS’ RIGHTS In the matter of an application

by Robert Clarke for leave to apply for judicial review and in the matter of an application

by Paul Pollins for leave to apply for judicial review First applicant is a sentenced prisoner in HMP Magilligan.

- applicant challenges the

failure of South Eastern Health and Social Care Trust (the respondent) to provide him with appropriate healthcare treatment for his addiction issues. - requirement of opiate substitution therapy (OST). first applicant believed that drug problems are at the root of his offending and continues to take illicitly obtained drugs in prison on a daily basis. - second applicant was a sentenced prisoner until his release in April 2024 and was awaiting an assessment for suitability for OST whilst in prison. - he also self medicated with illicit drugs whilst in prison.

- whether failure to provide assessment for suitability of treatment is a breach of human rights. - whether difference in treatment in the community.

- HELD THAT the first applicant was unlawfully discriminated against by the respondent trust in its failure to provide treatment comparable to what he would have received in the community and is entitled to damages. - second applicant has also been unlawfully discriminated against and entitled to damages.

McAlinden, J Kings Bench Division 12 September 2024

SENTENCING R v Malachy James Crawford Defendant had originally been charged with murder of Paul O’Boyle. Defendant pleaded not guilty to murder but guilty to the charge of manslaughter. - Paul O’Boyle had been drinking in the same bar as the defendant.

- he had been in the company of the defendant and had bought a round of drinks, including one for the defendant. - without warning Paul O’Boyle stood up and headbutted the defendant and then walked outside. defendant followed him and punched him. - Paul O’Boyle fell to the ground and never

36 Journal of the LSNI Spring 2025

recovered from his injury. defendant punched Paul O’Boyle again whilst he was lifeless on he ground. - first punch caused irreversible brain damage and the victim died eight days later.

- defendant, when arrested was remorseful and gave an account of the events to the police.

- victim impact statements. defendant has a minor criminal record and had suffered from an addiction to alcohol and had started drinking again in the weeks leading up to the death of Paul O’Boyle. - defendant was aware of the seriousness and impact of the death. - low likelihood of reoffending and does not pose a risk of serious harm to others. - HELD THAT defendant is sentenced to two years and six months which will comprise of 15 months in prison and 15 months on licence.

O’Hara, J Crown Court 25 September 2024 RvD Appeal against an extended custodial sentence of four years custody and three years licence imposed for an assault occasioning actual bodily harm.

- VOPO of five years imposed.

- appellant had returned from Scotland and had arranged for his ex-partner and the injured party to collect him from train station. - on returning to her house the appellant had attempted to strangle the ex-partner following an argument. - assault occasioning actual bodily harm. - latter carries a maximum penalty of seven years’ imprisonment.

- culpability. - evaluation of offender’s behaviour. - whether offence of domestic violence. long history of previous assaults of ex-partner. - assessment of dangerousness. - HELD THAT there is a risk of serious harm to members of the public including any current or future female partners and therefore the appeal is dismissed.

Treacy, LJ

Court of Appeal 21 January 2025 R v Vladimar Kovac Appeal of sentence imposed on 6 November 2023. - plea of guilty to a charge of causing death by dangerous driving.

- ultimately sentenced to a term of imprisonment of nine and a half years split equally between custody and licence and disqualified from driving for ten years. - road traffic collision. - appellant had consumed alcohol, was driving at speed and had been on the phone to his wife just before the collision. - appellant had initially left the matrimonial home to sit in the car following a domestic incident and then had decided to drive the car. collision resulted in the death of a married man who had two children aged seven and three weeks old. - consideration of aggravating and mitigating factors. - whether evaluation strays outside a reasonable range leading to a manifestly excessive sentence. - HELD THAT the sentence was not manifestly excessive and the disqualification period was not disproportionate. appeal dismissed. - further consideration to interim disqualification given. - court imposed interim disqualification upon the appellant’s plea of guilty.

Keegan, LCJ Court of Appeal 5 November 2024 R v Barry Noone Defendant killed his mother who was 77 years old by strangulation. - pleaded guilty to manslaughter by diminished responsibility which was accepted by reason of contents of psychiatric reports. - mother had suffered considerable ill health as a result of a sectarian attack aimed at defendant years previously. - defendant escaped with little injury. - episode had a long lasting impact on

defendant and his relationship with his mother. - defendant returned home from living in London to become the main carer for his mother following her second hip replacement.

- defendant had little outside support. - defendant contracted Covid while caring for his mother and both were terrified of the risk of her also contracting Covid.

- defendant had no criminal record. - psychiatric report indicated a stressful childhood living with a strict, highly anxious and non-nurturant mother . - series of depressive episodes. - events before mother’s death were stressful between mother, defendant and sister. - defendant suffocated mother with a pillow and claimed to have also attempted suicide. - psychiatric report believed defendant was suffering from an abnormality of mental functioning at the time of mother’s death. consideration of sister’s victim impact statement. - HELD THAT a sentence of six years is passed, with 3 years in custody and 3 years on licence. - on release the defendant must engage with mental health services. application for a confiscation order so that the defendant does not profit from any inheritance has been deferred for 6 months.

O’Hara, J Crown Court 17 December 2024 R v WD Appeal against a sentence.

- Appellant and victim, JG had been in a relationship, but at the time of the appeal the relationship was over. appellant had entered the home of JG and committed criminal damage and then returned later on the same evening when he caused extensive damage to the ground floor of house. - he was apprehended at the scene by the police upstairs. - three knives were found outside the bathroom door where JG had locked herself in. - appellant

had denied moving knives and bringing them upstairs.

- appellant felt sentence was manifestly excessive.

- whether domestic abuse offence should have been the headline offence.- whether burglary offence should have been selected. - whether there was double counting. - HELD THAT the sentence imposed was within the permissible range of sentences. - appeal dismissed Treacy LJ Court of Appeal 7 January 2025

SEXUAL OFFENCES

R v David Andrews Offences involving sexual abuse of girls via social media, together with allegations of blackmail, possession of indecent images and threats to kill against children. - also allegations of rape and sexual abuse against a profoundly disabled young female. catfishing. - defendant had significant history of poor mental health, did not take prescribed medication and relied on cocaine which exacerbated his desire for sexual activity. - had spent time in care as a child due to a traumatic childhood. - no contact with family. - whether defendant is a dangerous offender. -whether Andrews poses a significant risk of serious harm and meets the criteria of dangerousness. HELD THAT the defendant is sentenced to 36 years reduced to 27 years with an addition of 5 years by way of an extended licence. - defendant must serve a minimum term 13.5 years before he can be considered for release. - SOPO and sex offenders register will apply for life.

Millar, HHJ Crown Court 10 December 2024

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38 Journal of the LSNI Spring 2025

Conquering the Email Avalanche Managing your inbox can feel like a fulltime job. The never-ending stream of emails can be overwhelming and stressful, leading to anxiety and burnout from the pressure to respond quickly and stay organised. So why is it so hard to keep up with emails when you work in the legal sector?

Firstly, the sheer volume of emails can be overwhelming; with some emails requiring urgent attention because of deadlines, negotiations, or pressing questions. These emails need prompt and careful responses.

Legal emails often contain detailed, complex information that must be thoroughly read and considered to avoid mistakes.

Secondly, there’s such a lot of administrative work involved in legal work. Most people working in the legal sector need to coordinate with other people, each needing different responses and follow-ups. One email can quickly turn into many more emails - an email avalanche. Every email must be carefully documented and filed for future reference to comply with legal standards, adding more work.

Thirdly, frequent interruptions and high workloads make it even harder to keep up with emails. When you are busy, it is likely that you have very little dedicated time for non-billable tasks like email management.

This can result in a backlog of unread emails, or ones you have simply flagged to come back to later.

Tips for keeping your inbox under control Understanding these challenges can help you simplify your email management, reduce stress, and respond quickly to important messages.

1. Set clear boundaries – You could set specific times for checking and responding to emails, rather than allowing them to interrupt your workflow throughout the day. For instance, checking emails at designated times in the morning, after lunch, and before the end of the day can help manage the influx without constant distractions.

2. Prioritise and categorise - You can use features like flags, labels, or folders to sort emails by urgency and subject matter. This

way, you can quickly identify and address the most critical emails first, ensuring that urgent matters are not overlooked.

known as the ‘two-minute rule’, helps prevent minor tasks from accumulating and becoming overwhelming.

3. Use filters and rules - These can automatically sort incoming emails into relevant folders can save time. For example, emails from specific people can be directed to designated folders, allowing for easier tracking and follow-up.

11. Set up an out-of-office message and voicemail when you’re on holiday - If you’re worried about being overwhelmed with emails, ask for important ones to be resent after you return, or consider saying you’ll be back a day or two later than you actually are to give yourself time to catch up.

4. Manage the inbox size - A cluttered inbox can be overwhelming and counterproductive. Regularly archiving old emails and deleting unnecessary ones helps keep the inbox manageable. Keep your inbox size small by moving emails to appropriate folders or archives, ensuring that only active and pending matters remain in the inbox.

5. Effective subject lines - A well-written subject line helps the recipient understand the email’s purpose at a glance and can aid quicker and more efficient communication.

It also helps if you need to search for the email again in the future.

6. Keep emails concise - Long, wordy emails can lead to miscommunication and take more time to read and respond to. Focus on the essential information and any required actions.

7. Ask yourself if it needs to be an email – We are all used to sending emails, but sometimes a phone call or Teams chat can be quicker and can save a lot of back and forth of emails.

How are you, really?

8. Be careful about who you send emails to - Only include people who really need see them. When replying, avoid using “Reply all” unless everyone needs to see your response. This keeps inboxes less cluttered and helps make sure the right people get the right information.

We offer free, confidential emotional support to everyone working in the legal sector.

9. Disable notifications - Constant email notifications can be a significant source of distraction. Turning off non-essential notifications allows you to focus better on the task at hand.

We’re here to listen.

Call our helpline: 0800 279 6888 www.lawcare.org.uk

10. Use the ‘two-minute rule’ - If an email can be responded to in two minutes or less, handle it immediately. This practice,

12. Checking emails at home – Again, only do this at set times instead of constantly looking at your inbox. This helps you keep a good balance between work and personal time. When you do check, focus on urgent emails first and save the rest for later. This way, you stay organised and avoid burnout.

As individuals, we can improve how we handle emails by setting clear boundaries, prioritising important tasks, using tools to automate repetitive tasks, and keeping messages concise.

These steps can help us stay productive and reduce stress.

Workplaces also play an important role in managing emails and supporting employees’ mental health. They should set clear rules, such as limiting emails outside of working hours and avoiding unnecessary “Reply all” messages. Encouraging good email habits helps employees focus on their work without feeling overwhelmed, prevents burnout, improves productivity, and supports a better work-life balance. Overall, good email management is key to creating a supportive and mentally healthy workplace.

LawCare For more guidance on email management and other mental health and wellbeing tips, visit LawCare’s website. LawCare also have a helpline open to anyone working in the legal sector in Northern Ireland. It’s free and confidential, and they are there to listen and support you, no matter what you’re going through. Call LawCare on 0800 279 6888, email support@lawcare.org.uk or get in touch using the online chat on: www.lawcare.org.uk.

How are you, really?

We offer free, confidential emotional support to everyone working in the legal sector.

We’re here to listen.

Call our helpline: 0800 279 6888 www.lawcare.org.uk