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Foreword
Welcome to the Summer edition of The Writ.
The theme of this issue is entry routes into the solicitor profession, one of the Society’s strategic priorities for the year. Our lead article outlines the context for the Professional Development team’s recent Consultation on new and alternative training and qualification routes, with a view to making the profession more accessible and ultimately, increasing the numbers of solicitors in NI. We look forward to sharing the responses to the Consultation with you later this year. We also take a look back at the old system of apprenticeships, outline the innovative degree apprenticeship scheme offered by Ulster University, and speak with a solicitor who had a fascinating pivot from an entirely different career before moving into the law.
In this issue we also turn our attention to the recent attacks on members of the legal profession. The Society is increasingly concerned at the harassment and abuse faced by our members and others for simply carrying out their duties, and I wish to reiterate our commitment to supporting the solicitor profession at this time.
If you have any article ideas for future issues of The Writ, please contact the team at writ@lawsoc-ni.com
David A Lavery Chief Executive Law Society of Northern Ireland
Zero Tolerance: Standing Up for Solicitor Safety
The Law Society of Northern Ireland is taking decisive action to protect members from harassment, threats and violence. The new Group on Solicitor Safety brings together members who have experienced harassment, threats and violence through the course of their work to drive real change.
When solicitor Emma Lyons followed her usual evening routine of leaving her Falls Road practice and driving home, she noticed a car following her into her quiet cul-de-sac. As she pulled into her driveway and turned around, she realised that it was Kevin Kennedy - a man she had been representing a client against in court proceedings.
‘That moment changed everything,’ she says. ‘It wasn’t simply about courtroom disagreements anymore. He had brought this into my home, into my family’s space. The line between professional and personal had been completely crossed.’
Emma’s ordeal represents a troubling pattern. Recent months have seen a rise in reports of solicitors being subjected to harassment, threats, and violence simply for carrying out their professional duties. The Law Society has responded by establishing a Group on Solicitor Safety and adopting a zero-tolerance policy towards any form of abuse directed at solicitors.
The personal cost of professional courage
Emma’s experience illustrates the personal impact these attacks can have. What began in 2017 as Kennedy loitering outside her office escalated into a campaign of sustained harassment that would significantly impact her life and that of her family.
‘The harassment was insidious,’ Emma explains. ‘It wasn’t just the obvious incidents - though those were concerning enough. It was the constant state of hypervigilance, the way it impacted every aspect of my life. I couldn’t go for a run without checking over my shoulder. I couldn’t take my newborn baby to the beach without fear.’
The impact extended far beyond Emma herself. Her young daughter came to recognise Kennedy, a reminder of how these incidents can impact families. The solicitor was ultimately forced to move from her family home and holiday property to feel safe once again.
‘Six weeks after having a baby, he followed me off the beach,’ Emma says. ‘I just stopped going. I stopped running. I stopped living
normally. That’s what this kind of harassment does - it doesn’t just threaten your safety; it impacts your life.’
Emma believes the harassment was a calculated attempt to force her to abandon her client. ‘This wasn’t random targeting. This was about trying to intimidate me into withdrawing from representing my client. That makes it not just a personal safety issue, but a fundamental access to justice issue.’
A pattern of intimidation
Emma’s case, which resulted in Kennedy receiving a suspended sentence and restraining order after being convicted of harassment, is not isolated. The Law Society is now receiving regular reports of similar incidents, with solicitors facing everything from verbal abuse in court corridors to being followed home and threatened.
Naheed Anwar, a solicitor who has experienced her own challenges with client harassment, welcomes the Law Society’s new approach. ‘I’ve faced constant low-level harassment throughout my career - the kind that becomes so normalised you almost forget it’s not acceptable,’ she says.
‘I’m glad to see the Law Society taking this zero-tolerance stance,’ Naheed continues. ‘I had to reach out to them and the PSNI last year at a time when I had to close my office for a week in order to protect myself. The Law Society were a source of great support and comfort. For too long, we’ve been expected to just absorb this abuse as part of the job, but I’ve realised that it is important to have our own personal limit of what is acceptable behaviour and what isn’t. A recent breach of this limit led to putting an incident involving a former client on police record in anticipation of ‘what’s next’. To see practical supports by the LSNI that make a real difference to how we can protect ourselves and our practices can only be seen as a positive step in the right direction.’
A threat to justice itself
Law Society President Colin Mitchell is clear about the impact of these attacks on the wider justice system. ‘When solicitors are threatened or intimidated for representing clients, the
entire justice system is undermined,’ he says. ‘This is not just about protecting individual lawyers - though that is absolutely crucialit’s about protecting everyone’s right to legal representation and access to justice.’
Colin emphasises that the problem extends beyond high-profile cases. ‘What we’re seeing is a culture where it’s becoming acceptable to target legal professionals for doing their jobs. Whether it’s a family law solicitor receiving threats from an angry spouse, or a criminal defence lawyer being threatened, the message is the same: represent this client at your peril.’
Colin is particularly concerned about the impact on women in the profession. ‘While harassment affects all solicitors, women lawyers are impacted disproportionately. We have heard from both men and women who have been abused but women are in the significant majority and face specific vulnerabilities.’
Taking action
Chief Executive David Lavery CB emphasises that the Law Society’s response goes far beyond words. ‘We are treating this as the serious, systemic issue it has become,’ he states. ‘Our Group on Solicitor Safety includes solicitors who have directly experienced these attacks, because it is important their experience guides our response.’
The Law Society’s approach focuses on three key pillars. ‘First, we’re engaging directly with policymakers and justice stakeholders,’ David explains.
‘We’ve written to Justice Minister Naomi Long requesting legislative reform to recognise solicitors as frontline workers, making attacks against them a statutory aggravating factor in sentencing.’
‘Second, we’re developing practical support for members. This includes partnerships with specialist organisations like the Suzy Lamplugh Trust, who are experts in workplace protection. We’re not just offering moral support - we’re providing concrete tools and training.’
‘Third, we’re working to change public attitudes. Too often, lawyers are portrayed as fair game for abuse. We need to reset that narrative and help
the public understand that attacking legal professionals attacks the rule of law itself.’
Legislative change needed
The current legal framework is clearly inadequate. Despite Emma’s case resulting in conviction, Kennedy received only a suspended sentence – even though the Judge acknowledged she was targeted specifically for “undertaking her duties” as a solicitor.
‘The law needs to catch up with the reality of what legal professionals face,’ states Colin. ‘When a healthcare worker is attacked, there are enhanced penalties. The same protection should apply to solicitors who are threatened for representing clients.’
The Law Society is calling for several specific reforms: recognition of solicitors as frontline workers in sentencing legislation, provisions for the Director of Public Prosecutions to review unduly lenient sentences in such cases, and clearer guidance for police and prosecutors on the seriousness of these offences.
The road ahead
For Emma Lyons, speaking out about her experience has been both difficult and necessary. ‘I want other solicitors to know they’re not alone in this,’ she says. ‘But more than that, I want clients to know that their solicitors shouldn’t have to choose between representing them and protecting their own families.’
The influence on career choices is another concern. ‘I worry that young women, seeing cases like mine, will think twice about entering the profession or taking on challenging cases,’ Emma states. ‘That is another impact on access to justice.’
Members who have experienced harassment or threats are encouraged to contact the Law Society confidentially at memberservices@lawsoc-ni.org.
The Group on Solicitor Safety continues to meet regularly, with its work informing both immediate support measures and longer-term strategic changes. ‘This is just the beginning,’ says David. ‘We’re committed to ensuring that legal professionals can carry out their vital work in safety and with appropriate support. The courage shown by colleagues like Emma Lyons in sharing their experiences has been both sobering and inspiring.’
‘No solicitor should feel unsafe doing their job. No solicitor should be forced to choose between representing a client and safeguarding their family. The message is clear: attacks on solicitors are attacks on justice itself. And the Law Society is determined to defend both,’ says David.
*Any solicitor who has been affected by harassment, threats or violence is encouraged to contact the Law Society confidentially at memberservices@lawsoc-ni.org. All reports will be treated with complete confidentiality and used to inform the work of the Group on Solicitor Safety.
Enhancing Access to the Profession: Consultation on Training
and Entry Pathways in Northern Ireland
The launch of a consultation on the future of solicitor qualification and admission to the profession last December marked a crucial milestone for the Law Society of Northern Ireland in relation to its ongoing commitment to foster an accessible, inclusive, and dynamic solicitor profession.
The current training regime for solicitors dates back to 1988, following a comprehensive review led by Professor Peter Bromley. The Bromley Committee considered it to be ‘of the utmost importance that training at an institute and training in practice should be more closely integrated.’ Accordingly, it recommended that each student seeking admission to the Institute of Professional Legal Studies (IPLS) should first register with the Society and that all intending solicitors should be apprenticed for two years. Their time should be divided into the first three months in their offices, the next year full-time at the Institute and the remaining nine months back in their offices.
The Committee also recommended that, throughout the period of the Institute course, students should maintain a close link with their offices and work there during university vacations. Although subject to some minor revisions over the years, most notably following a review led by the Education
Review Working Group in 2007, this model remains the primary entry route into the solicitor profession for legal graduates in Northern Ireland. The establishment of a second vocational training provider at the Ulster University Magee Campus was accredited by the Law Society in 2008. The Graduate School offered a broadly equivalent course to the Institute, before closing in December 2015.
More recently, in 2022 during its centenary year, the Society commissioned a study by Hook Tangaza Consultancy, which underscored the need to modernise the qualification and admission routes to the profession. The study suggested that when the current training and qualification system was first introduced, the solicitor profession was much more self-contained, with fewer employers of solicitors from outside of private practice and the largest firms were unlikely to grow exponentially.
The research demonstrated that the legal landscape has changed in recent years with new and growing demands from England and Wales, and Ireland, for Northern Irelandqualified solicitors and law graduates. Additionally, large international firms are now based in Belfast and there is an expanding public and corporate sector. These changes, coupled with high attrition rates of earlycareer solicitors from private practice, illustrated that there is a gap in the supply of solicitors entering the profession. The research highlighted the need to reassess the current qualification model to ensure it meets the future workforce demands of the profession.
In response to these findings, the Society took immediate steps to increase the volume of trainees. Measures included working closely with the Institute to facilitate a 30% increase in the number of trainee solicitors entering the training system since 2022, and launching the Centenary Bursary Scheme to provide financial assistance to aspiring solicitors who demonstrate capability but lack the means to finance their vocational training. This Scheme is outlined in a later article in this issue.
Whilst these actions delivered positive outcomes in the short-term, the Society also
began laying the foundations for longer-term, sustainable change by commencing a series of strategic initiatives to address underlying systemic challenges. Work was undertaken to gather data, assess the need for change, and lay the groundwork for the most extensive consultation on entry routes since 2007.
Initiatives included looking beyond Northern Ireland and benchmarking qualification pathways and alternative entry routes in other jurisdictions and professions. In addition, the Society administered a large-scale survey of trainees and early-career solicitors as well as Masters and training organisations which provided valuable data and insights into the vocational training experience.
In 2024, a targeted engagement exercise with a range of stakeholders across the profession highlighted the economic challenges many aspiring solicitors face, particularly financial barriers and geographical constraints that limit access for individuals from underrepresented backgrounds. Moreover, a competitive recruitment landscape is placing additional pressures on our smaller, rural and provincial firms, as well as legal aid practices, which often struggle to attract and retain talent. These learnings were crucial in shaping the consultation themes.
Law Society of Northern Ireland
Darren Patterson, Head of Professional Development
In the context of the evolving legal landscape and the key issues identified through research and engagement, a consultation document was developed that set out a range of potential options intended to reduce barriers to entry, promote diversity, and create opportunities for a wider range of candidates, while maintaining the integrity and rigour of the qualification process.
These options included proposals relating to the current qualification route, as well as the introduction of new pathways. Respondents were invited to share their views on these proposals, and more generally, to make suggestions for potential amendments or innovations.
The consultation remained open until March 2025 and attracted responses from a broad cross-section of members and other interested parties such as education providers, government bodies and other regulators. Their responses will help to inform the development of the Society’s next steps on the future of solicitor qualification and admission in Northern Ireland. With the consultation Report and
Action Plan set to be published in the coming months, initial indications point to widespread support for enhancing access to the profession, although responses differ on how best to achieve reform. Proposed modifications to the current model, such as extending or resequencing in-office training, elicited mixed views, with concerns raised around practical implementation, trainee affordability, and the risk of disrupting the integration of academic and practical learning. In contrast, there appears to be more consensus towards backing the introduction of flexible and inclusive pathways, such as a parttime qualification route, a modern solicitor apprenticeship scheme and returner and experience-based routes.
The consultation exercise has emphasised the need for incremental, evidencebased reform that preserves professional standards while promoting diversity and accessibility. As such, the Society will recommend progressing a range of actions, including piloting new qualification routes and developing reentry pathways, with further scoping and feasibility testing to begin later this year.
... there appears to be more consensus towards backing the introduction of flexible and inclusive pathways, such as a part-time qualification route, a modern solicitor apprenticeship scheme and returner and experiencebased routes.
Change in Motion: From Dance to the Law Profile
of Tamy Conn
Tamy Conn’s route into the solicitor profession could certainly be considered, as she puts it ‘unconventional’, but after nearly two decades employed in the world of dance, she is now a dual-qualified solicitor in both England and Wales and Northern Ireland, working within the property team at MKB Law.
Here Tamy and Niall Stirling, the Law Society’s Admissions Officer, discuss her transition from a professional dance career to the solicitor profession, the challenges she has faced and how taking the leap from dance to the law has been a rigorous but rewarding journey.
Hello Tamy, as you know the theme of this issue of the Writ is ‘Entry to the Profession’. After a dedicated career in dance and dance education, what inspired your decision to transition from a successful performing arts career into the legal profession?
My transition from a dance career to the legal profession was inspired and driven by several factors. When my youngest child started nursery school, I came to a difficult realisation: my demanding teaching schedule - afternoons and evenings Monday to Friday (2pm–9pm) and weekends (8:30am–8:30pm) - left me with very little time for my three children. After nearly 30 years immersed in the world of dance, I began to think seriously about what I wanted for the next 30 years of my professional life.
Back when I was studying for my A-Levels, I had been torn between two career paths: dance and law. Although I pursued dance, I never lost my interest in law. At 37, I questioned whether I had missed my opportunity to become a solicitor. However, I was determined not to let age define my potential. I chose to study law, confident that the skills I had developed in my dance career - discipline, dedication, attention to detail, and the ability to perform under pressurewould serve me well in the legal profession.
You have described your path to qualification as ‘unconventional’ - how would you summarise that journey?
My journey to becoming a solicitor hasn’t followed the traditional path, but it’s shaped me into a more resilient and well-rounded professional.
I came to law as a mature student with family commitments and responsibilities. Having already earned a degree in Dance Education, I was ineligible for student finance to fund a second degree. Undeterred, I made the decision to study law full-time with the Open University while working full-time as a paralegal to support myself financially and gain valuable legal experience.
While working as an employment paralegal at Pinsent Masons, I was introduced to dualjurisdiction practice in England and Wales, as well as Northern Ireland. This sparked my interest in qualifying in England and Wales via the Legal Practice Course (LPC) route.
With the introduction of the Solicitors Qualifying Examination (SQE), which is replacing the LPC, I opted to take the SQE2 instead of pursuing a traditional two-year training contract after completing the LPC. With five years of paralegal experience across property, employment, regulatory, and banking/debt finance, I was eager to qualify without further delay.
Now, after a six-year journey, I am a dualqualified solicitor working in property law. My unconventional route has made me adaptable, resilient, and deeply committed to the profession.
What were some of the biggest challenges you faced while retraining as a solicitor?
Entering a new profession later in life meant overcoming a sense of imposter syndrome at times, especially when surrounded by peers who had taken a more traditional route. But that also became my strength as I brought a fresh perspective, maturity, and transferable skills that added real value in client-facing situations and complex problem-solving.
One of the biggest challenges I faced retraining as a solicitor while working full-time and raising three young children was managing competing priorities without compromising on the quality of any of them. Balancing the demands of a rigorous academic programme with the responsibilities of a full-time job and the needs of a young family required a high level of discipline, time management, and resilience.
There were moments of exhaustion and selfdoubt, particularly during exam periods or tight deadlines at work, but I learned to be extremely organised and to make the most of every hour. Ultimately, the experience strengthened my ability to stay focused under pressure, prioritise effectively, and persevere through challenges, all of which have made me a better solicitor and parent.
How did your prior experience in the arts help your journey through legal education and training - do you feel your background gives you a unique perspective or edge in your legal practice?
While dance and law seem pretty different on the surface, the underlying skills cultivated in dance are now my strengths as a solicitor. My background in dance provides me with a unique perspective and edge in my legal practice.
Dance has taught me to think creatively, adapt to changing circumstances, and to stay disciplined - all of which are essential skills as a solicitor. The attention to detail required in dance translates directly to my approach to legal work, where precision and thoughtful strategy are crucial.
Dance also encourages collaboration, as it often involves working with others to achieve a common goal. This parallels the teamwork I engage in within my legal practice, where working cohesively with colleagues or clients is essential to success.
Additionally, dance has instilled in me a strong sense of body awareness and presence, which helps me maintain poise and clarity during challenging or high-stress moments in my legal career.
Overall, I see my dance background as a way of cultivating qualities that enhance my legal skills, enabling me to approach cases with both creativity and structure.
You are qualified in both England and Wales and Northern Ireland - what is your experience of practising across both jurisdictions?
In practice, adaptability is key, as legal principles are applied differently across jurisdictions.
I first experienced working in both jurisdictions in employment law, where
clear understanding of the key legal and procedural differences between the two jurisdictions was required. The principles of employment law are similar in both jurisdictions but there are important distinctions in legislation, tribunal systems, and local case law.
I then worked in regulatory law for a couple of years under the England and Wales jurisdiction and moved into banking and debt finance law, again under England and Wales, working alongside EMEA jurisdictions.
My experience has reinforced the importance of staying up-to-date with ongoing legislative changes and court rulings across both jurisdictions.
Ultimately, my work in both England and Wales and Northern Ireland has broadened my perspective and enriched my practice, allowing me to approach challenges with a more jurisdiction-aware mindset.
How do you define success now, and has that changed from your time in the performing arts?
When I was dancing, success was very much defined by personal achievement and performance whether that was mastering a new step or choreography, receiving positive feedback, or simply expressing myself through movement. It was about feeling the thrill of accomplishing something physically and emotionally challenging.
As a solicitor I define success less in terms of personal accolades and more through the value I bring to my clients, the results I can deliver, and the contribution I make to my team, firm and profession.
However, the drive to continually improve and the sense of satisfaction that comes from my work remains the same.
Do you still find ways to stay connected to dance or the creative arts in your current life?
My daughter is now the family’s dancer, so dance is still very much a part of my life. I try hard not to put on my ‘dance teacher hat’ and try to just be a supportive mum and allow her to develop her own style and love for performing arts. We regularly
visit the theatre to watch performances whenever possible and she allowed me to choreograph a solo piece for her to perform, which was really special.
The view from my window at MKB Law is the Grand Opera House in Belfast, where I have performed and had students perform on several occasions during my dancing career. This always makes me smile and I feel a connection between my past and present.
Dance taught me invaluable lessons about discipline, creativity, and emotional expression, which still influence the way I approach my legal work. Ultimately, while my career has shifted, my passion for dance will always remain and help shape the person I am.
You attended the Society’s Admission Ceremony in February this year - how did it feel to attend the Ceremony and officially be welcomed into the profession in Northern Ireland?
Attending the Society’s Admission Ceremony and being admitted as a solicitor in front of my husband and parents was an incredibly emotional and proud moment for me. After years of hard work, determination, and sacrifice, to share this event with my closest loved ones made it even more meaningful.
My husband and parents have always been a pillar of support, they’ve been there through every challenge and every victory, their unwavering belief in me has been a constant source of encouragement. This was a shared milestone with them as they have been with me every step of the way. It made me feel proud of what I’ve accomplished and even more excited for the next chapter in my legal career.
Finally, are there any words of advice or encouragement you would give to others like yourself who are considering taking the leap to enter the solicitor profession?
Taking the leap into the solicitor profession is exciting, challenging, and rewarding. My biggest piece of advice would be to stay patient and persistent. Remember that expertise comes with time and experience. Lean on your mentors, ask questions, and stay curious.
Tony Caher, Retired Solicitor
The Former Solicitor Apprenticeship Scheme: A Reflection
As part of the consultation process on entry into the profession, the Society is examining the former system of solicitor apprenticeship. I have been tasked to give my impressions of the old apprentice arrangements of which I was one of the last participants in 1978. As my memory of that time has faded with the proliferation of birthdays I have asked my former colleague, John McGettrick, to assist and corroborate some of those recollections.
John and I commenced our apprenticeships on the same day in the same office in Trevor Smyth & Co in September 1975. John had an arts degree from Queen’s University Belfast while I graduated with a law degree from University College Dublin. The apprenticeship lasted three years although the year below us had the apprenticeship compressed into two years, allowing them to qualify at the same time as us.
The apprenticeship required us to work full time, doing a minimum 40 hours weekly, carrying out duties as required by the relevant master. John and I felt we had work experience that was stimulating and contributed to our legal education. We were given considerable responsibility, managing case files of substance and complexity. I had the privilege of handling serious criminal trials in the Crown Court and attending upon some of the most able Counsel ever seen in this jurisdiction. Remuneration was poor with each of us earning £10 initially, rising to £15 in the final year. This equates to roughly £100-£150 today. The current National Living Wage is £480! Both of us had to augment those earnings by carrying out extra work outside our requisite legal work. John lectured part time and I served court processes in the evening. It should be pointed out that all fees were discharged by the firm.
In addition to work duties, we had to attend lectures in various legal subjects culminating in an examination in each at year’s end. There was a maximum of seven subjects each year. If apprentices had studied a particular subject at undergraduate level, then that student would have an exemption in that subject for the solicitor apprenticeship exams. John had no exemptions nor did I, having studied law outside the UK. Lectures were not frequent and were held at times designed to reduce impact on apprentices’ attendance at the office. The Society set the exams and retained eminent practitioners to deliver the lectures and mark the papers. We were given a week off work each year before the exams for final preparation. In addition to the core legal subjects that most law graduates had studied at university we were required to take additional subjects such as Bankruptcy and Solicitors Accounts. The quality of lecturers and course materials was of the highest standard. Our recollection is that nearly everyone passed.
We both agreed that we thought the system insofar as it treated us was excellent. Of course, we were fortunate in obtaining positions in a medium sized firm which carried out a wide selection of work and had a number of qualified staff to whom we could go to seek advice and assistance. The drawback of the system was the absence of monitoring and control of the in-house training afforded by some firms. There is no doubt that a minority of apprentices was exploited as cheap labour delivering documents, filing and lodging papers in court, functions more appropriate to office juniors. Nevertheless, there were many positive features. The opportunity was there for apprentices to gain vast experience of practical legal services and to demonstrate to firms that they were indispensable to the future success of practices. Their commitment to practical work and comparatively low costs made an apprentice a very attractive option for a firm. This resulted in exponential growth in the profession and ensured the intake came from all sectors and the widest geographical area.
Earn while you Learn: The Impact and Advantages of the LL.B Degree Apprenticeship at Ulster Law School
Denise Hanna, Legal Education, Training & Engagement Officer
The LL.B Degree Apprenticeship offered by Ulster Law School represents a significant evolution in legal education in Northern Ireland. This innovative, four-year programme enables aspiring lawyers to “earn while they learn,” combining rigorous academic study with immersive, paid work experience in a legal environment. The apprenticeship is a Qualifying Law Degree, ensuring that graduates meet the academic requirements for professional legal training.
Programme Structure and Delivery
The apprenticeship is fundamentally workbased, with apprentices spending four days per week in their employing law firm and one day at university. Employers are responsible for paying wages during the university day, while the Department for the Economy (DfE) fully funds the university tuition, making the programme financially attractive for both students and employers.
Apprentices undertake a unique work-based project, developed in collaboration with their employer and the university, allowing them to address real issues within their firm and apply legal theory to practical challenges.
The Ulster University Apprenticeship Hub provides resources and guidance for employers and prospective apprentices, supporting recruitment and programme navigation.
Employer Perspectives
Lacey & Co Solicitors Limited
‘We see the LL.B Degree Apprenticeship as an opportunity to nurture talent, support social mobility, and shape future legal professionals.’
Lacey Solicitors adopted the LL.B Degree Apprenticeship to invest in the future of the legal profession and to broaden access to legal careers. They highlight several advantages:
• The apprenticeship route opens doors for talented individuals from diverse backgrounds who might otherwise face financial or social barriers to entering the legal profession.
• Apprentices gain immediate exposure to the realities of legal practice, developing commercial awareness, client-facing skills, and practical competence from the outset.
• Apprentices are mentored and shaped within the firm’s culture, leading to stronger retention and a pipeline of professionals who are ready to contribute meaningfully upon qualification.
PA Duffy & Co Solicitors Ltd
‘Solicitor apprenticeships should become more mainstream. They produce individuals who are likely to be far ahead of traditional graduates, thanks to their hands-on experience.’
PA Duffy & Co Solicitors report that their apprentice has rapidly become a valued member of the team, working on high-profile matters such as the UK Covid Inquiry. The apprentice’s analytical skills and alignment with the firm’s values have exceeded expectations.
The apprentice assists in evidence review, prepares case materials, and participates in public hearings, gaining experience well beyond that of traditional law students.
The firm supports the mainstreaming of degree apprenticeships, citing the dual benefits of
practical experience for apprentices and immediate value for employers.
Citibank
‘The apprenticeship offers access to a diverse talent pool and promotes long-term career growth.’
Citibank’s legal department benefits from the apprenticeship model by accessing a diverse talent pool and fostering high retention.
Apprentices receive technical legal and business training, mentorship, and access to global resources.
Graduates can move into permanent roles within Citi or pursue further qualifications, such as the Level 7 Solicitor Qualification Examinations.
The apprenticeship model builds a robust talent pipeline, enhances engagement, and supports the company’s commitment to diversity and inclusion.
Apprentice Experiences
Chloe Allen, Legal Apprentice at Citi
‘If I could give advice to anyone considering a legal apprenticeship, it would be: don’t underestimate yourself. You’ll learn more, grow faster, and get more real-world insight than you ever thought possible.’
Chloe chose the LL.B Degree Apprenticeship for the opportunity to gain early career experience while earning a salary. Her role involves negotiating contract terms, legal research, and drafting agreements. She notes that practical experience makes legal theory more tangible and memorable, equipping her with industry-specific skills and confidence.
Balancing work and study is demanding but rewarding, as she witnesses her own rapid development and knowledge growth.
Samera
McMullen, Legal Apprentice at Citi
‘I chose this route to gain experience while studying and to avoid student debt. It’s helped me build industry connections and accelerate my legal career.’
Samera values the apprenticeship for its ability to provide hands-on legal experience without the burden of student debt. Her work includes ISDA negotiations, contract management, and legal risk assessment.
She highlights that exposure to complex legal matters and collaboration with global teams have accelerated her professional development, while speaking at university panels and managing significant legal work early in her career have been especially fulfilling. She also notes that balancing academic and professional demands has increased her adaptability and confidence.
The Law Society of Northern Ireland’s Training Opportunities Service
Caoilte Farry, Legal Apprentice at PA Duffy & Co Solicitors
‘I’m the first in my family to study law. The apprenticeship helped me adapt quickly and feel like I belong in the profession.’
Caoilte appreciates the balance between academic study and practical training. His responsibilities range from judicial review work to participation in public inquiries. He observes that apprentices are not just observers but active contributors in legal teams. The dual demands of work and study foster discipline and adaptability, and support from colleagues is crucial to success.
Amie Reid – Legal Apprentice at Lacey Solicitors
‘I’m earning a full-time wage and will graduate debt-free. I’m saving for a house and
gaining the confidence that I’m in the right career.’
Amie contrasts the apprenticeship with traditional study, emphasising the value of hands-on training, early court experience, and financial independence. Having started on a traditional LL.B and later switching to the apprenticeship model, Aime highlights the difference. She manages her own caseload, drafts legal documents, and interacts directly with clients and barristers. The most rewarding aspects include professional growth, supporting her family, and making a positive impact on clients’ lives.
If you want to find out more about the programme, please contact:
Dr Evan Vellis (Centre for Apprenticeships) email: e.vellis@ulster.ac.uk
The Society’s FREE Training Opportunities service offers organisations and firms a unique facility to directly promote their trainee positions to those students who passed the IPLS Admissions Test.
The benefits of using the training opportunities service are:
• Promotion of the trainee position in the “Training Opportunity Mailer” sent to all prospective 2025 trainees via email.
• Promotion of the opportunity via the Society’s LinkedIn profile.
• Listing and management of the position on the Society’s dedicated “Training Opportunities” webpage.
To submit your opportunity, please complete the online form here.
If you have any questions, please email the team at registration@lawsoc-ni.org.
Breaking Barriers:
The Law Society of Northern Ireland Centenary Bursary Scheme
Denise Hanna, Legal Education, Training &
Engagement Officer
Introduction
Socio-economic barriers continue to impede access to the legal profession in Northern Ireland, particularly for aspiring solicitors from disadvantaged backgrounds. The Law Society of Northern Ireland (LSNI) Centenary Bursary Scheme, launched in 2023, aims to address these barriers by providing full funding for the Institute of Professional Legal Studies (IPLS) Diploma course to selected candidates. The LSNI Centenary Bursary Scheme was established as a legacy project to mark the Society’s centenary, with the specific aim of providing financial assistance to aspiring
solicitors who demonstrate capability but lack the means to finance their vocational training.
Rationale for the Scheme
A 2023 LSNI survey found that 88% of respondents identified the financial cost of qualifying as a key barrier to entering the profession. Notably, 69% of current or recent trainees reported self-funding their legal training, often through personal savings or family loans.
Further, a 2022 Diversity and Equality Survey highlighted the profession’s “white collar”
Darren Patterson, Head of Professional Development pictured with Conor Campbell-Brennan
background: 70% of respondents’ parents held white-collar occupations (compared to 45% in the general population), and parents were over four times more likely to have a professional background and seven times less likely to have experienced long-term unemployment. These findings underscored the need for targeted interventions to broaden access. To date, the Law Society has sponsored four trainees, investing over £41,000 in future legal professionals.
Eligibility criteria
Applicants must:
• Be ready to start the Trainee Solicitor Programme in September 2025.
• Reside in Northern Ireland during their studies.
• Lack access to familial loans or gifts and have no more than £5,000 in savings.
• Meet at least one background criterion, such as being the first in their family to attend higher education, eligibility for free school meals, receipt of means-tested benefits, or having been in care.
Why did we establish the scheme?
‘The Centenary Bursary Scheme was established in an effort to improve diversity and inclusion within the trainee intake to our profession.
We agreed that by amalgamating certain bursaries and prize funds and by being prepared to add a small amount of additional funds we saw fit to create two full bursaries to cover the costs of two trainees who would not otherwise have their fees covered by their training firms. The parameters of the Scheme were set as to make it only available to those who could evidence actual need and who might otherwise through financial barriers be unable to take up a training place. The feedback we have had from the successful applicants to date has assured us that this has been one of the most worthwhile initiatives that the Society has put in place in the past decade.’
Darren Toombs – Chair of the Education Committee
In a profession often associated with privilege, what does it mean to be part of something that aims to level the playing field?
‘The Bursary Scheme shows how the Law Society wants to promote talent and is investing in the future of the profession. The Scheme was introduced as a legacy project to mark the Society’s centenary and is a great example of how, in this second century, we aspire to continue to build a profession that not only serves the whole community but represents it too.’
Catherine Nixon,
Member of the Education Committee
How does the Bursary contribute to building a more diverse profession?
‘The Scheme’s criteria ensures that support is directed toward individuals who are statistically underrepresented within the profession. We collect and analyse diversity data across age, gender, disability, and community background. The Centenary Bursary is a targeted, practical intervention that lowers financial barriers, prioritises disadvantaged backgrounds, and actively monitors diversity outcomes. By doing so, it makes a tangible contribution to building a more diverse and representative legal profession in Northern Ireland.’
Darren Patterson, Head of Professional Development
Impact and recipient feedback
The Bursary has had a significant impact, alleviating financial stress and enabling
recipients to focus on their studies and professional development. Recipients noted: ‘I loved my degree and wanted to join the solicitor profession but lacked the financial means to support my ambition. The Centenary Bursary created an opportunity for me and it instilled confidence in me that despite past challenges I belonged in the solicitor profession.’
‘Receiving the Bursary award has lifted a huge weight off my shoulders, allowing me to focus on and enjoy my studies. This Scheme will always hold an important place in my legal career and I am very grateful to the Law Society. I am proud to be part of a scheme which encourages young people like me to reach their full potential regardless of their background.’
‘This award means a huge amount to me, both personally and professionally. It provided me with confidence and encouragement in pursuing the solicitor profession.’
Another recipient emphasised the positive effect on mental health and the ability to dedicate more time to training, rather than part-time work:
‘This Bursary Award has allowed me to dedicate more of my focus and energy into my solicitor traineeship. I look forward to beginning my studies at the Institute of Professional Legal Studies as I feel that I can now focus primarily on my learning and developing the skills I will acquire.’
The future
Following the success of the Scheme in 2023 and 2024, the Society has committed to funding the Bursary again and is inviting applications for 2025.
Past recipients of Bursary awards Chiara Clarke, Conor Campbell-Brennan and Kirstyn Kearney joined the President at the launch of the Scheme at Law Society House.
Commenting, the President of the Law Society of Northern Ireland, Colin Mitchell, said:
‘We believe the legal profession should be open to everyone with the ability and ambition to succeed. Our Bursary Scheme is about breaking down barriers and investing in the next generation of solicitors who will shape the future of law.’
Conclusion
The LSNI Centenary Bursary Scheme represents a meaningful step towards diversifying the solicitor profession in Northern Ireland. By removing a significant financial barrier, it enables talented individuals from less advantaged backgrounds to pursue legal careers, with positive effects on their academic focus, mental health, and professional confidence. We will continue to evaluate and plan targeted expansion for the Scheme. This will be crucial to maximising the Scheme’s reach and long-term legacy.
Catherine Nixon, Member of the Education Committee with Kirstyn Kearney and Chiara Clarke.
ADMISSION CEREMONY
LAW SOCIETY OF NORTHERN IRELAND
The 2025 Admission Ceremony, which took place at Assembly Buildings in Belfast on Friday 21 February, was one of the largest on record.
The Ceremony is the formal recognition of each solicitor’s entry to the profession and is a popular event in the legal calendar.
In total, over 500 attendees participated in this year’s Ceremony, with 140 newly admitted solicitors formally presented to the Lady Chief Justice for Northern Ireland, Dame Siobhan Keegan, and the Society President, Mr Colin Mitchell, by the Registrar of Solicitors, Mr David A Lavery CB.
For the first time, the Ceremony was open to all those who were admitted to the Roll from all routes. In total 10 solicitors admitted under the Society’s reciprocal arrangements with England and Wales and the Republic of Ireland were in attendance with their families.
Following the presentation of certificates, the Lady Chief Justice and the President took the opportunity to present the Society’s 2024 Solicitors Accounts Prize to Christopher Swann who attained first place in the Solicitors Accounts Regulations Exam for Trainee Solicitors.
The President in his keynote address remarked:
‘First and foremost, on behalf of the Society may I wish you many congratulations on the numerous achievements which have resulted in your admission to the Roll of solicitors. It is testament to your character and resilience that you have managed to keep on going until you have crossed the finishing line and for that you deserve our congratulations and commendation.
I very much hope that you feel that all the hard work and sacrifices, and the many challenges that you have had to overcome, have been worthwhile. I hope that you will have many years in which to reap the rewards of all your efforts.’
To conclude the Ceremony, the Lady Chief Justice and President took a series of group photographs with the newly admitted solicitors.
Society welcomes New Members in Landmark Admission Ceremony
OPTION 5 LANDSCAPE
Society President Colin Mitchell.
The Law Society Presidential Team with The Right Honourable Dame Siobhan Keegan, Lady Chief Justice for Northern Ireland
The Right Honourable Dame Siobhan Keegan, Lady Chief Justice for Northern Ireland and Society President Colin Mitchell with Christopher Swann who attained first place in the Solicitors Accounts Regulations Exam for Trainee Solicitors.
Law Society of Northern Ireland
The election to the Society’s governing Council happens every three years.
This autumn, members from across Northern Ireland will have the opportunity to stand as candidates and the newly elected Council will serve from November 2025 until the end of November 2028. We’ll be publishing more information about how to nominate, stand and vote later in the year.
You can read more about eligibility criteria in the Society’s Bye-Laws available here.
So, why get involved?
Standing for election might not be something that’s ever crossed your mind. But, if you’re interested in supporting your profession, championing the issues that matter the most and developing your leadership and boardroom skills, joining Council could be for you.
As a Council member, you’ll have a unique opportunity to act as the voice of your profession, help shape the Society’s strategy and provide invaluable support to members.
A leadership that reflects you
Our members should see themselves reflected in our leadership at Council level. Greater diversity within the Council is about diversity of thought and experience as well as the legally protected characteristics.
Stand for Council in 2025: Get involved and make a Difference
It’s vital that members are drawn from the widest possible talent pool, bringing with them a broad range of professional and life experiences, ideas and perspectives to enhance our decisionmaking.
Since 2000, around 60% of newly admitted solicitors have been women. Although Northern Ireland now has a female Chief Justice and Attorney General, women are still underrepresented in the senior ranks of the private practising profession.
There have been 10 female Presidents of the Law Society and currently 40% of our current Council members are female.
Through our published Equality, Diversity and Inclusion (EDI) strategy commitments and our ongoing work with Diversity Mark, we’re committed to enhancing the representational role of female solicitors. We strongly encourage more women to get involved and consider standing for election this year. Claire McAleer, chair of the Women’s Network, sums it up as follows:
‘As Ruth Bader Ginsburg said, “Women belong in all places where decisions are being made.” The creation of the Women’s Network this year is a great step forward in addressing the issues women solicitors face in the profession. However, if the solicitor profession in Northern Ireland is to be a space where women can, not just remain in practice, but thrive in practice, we need women’s voices at the decision-making level. I hope to see some of the fantastic women solicitors we have here being elected to Council this year. If nothing changes, nothing changes.’
Supporting flexibility
Council is made up of 30 members, all of whom are practising solicitors who serve on a voluntary basis.
Members who spare their time to serve on Council and Committees are key to our governance and decision-making structures.
We understand that this is a time commitment and something that members do on a voluntary basis. However, we aim to support flexibility through our working arrangements, enabling members to fit this around already busy schedules. Council and Committee meetings are held both in-person and online, meaning less travel and easier attendance. You can also choose to get involved and champion the work of committees or other groups that best suit your interests and expertise.
New members will also have access to induction and training to help settle into the role, mentorship and advice from more experienced members and governance support from Society staff.
Use your vote
Council elections are also an opportunity to decide who should represent you and we’re encouraging all members to use their votes this year.
Laura McClintock, Head of Governance and Corporate Services
Ulster University Magee Law Students represent on World Stage at International Client Consultation Competition
Each year the Society is proud to host the regional Client Consultation Competition in order to select a winning team to represent Northern Ireland at the BrownMosten International Client Consultation Competition (ICCC).
This year, the Judging Panel, Chaired by Niall Hargan (Carson McDowell), and which included Tony Caher (Campbell and Caher), Catherine Nixon (Departmental Solicitor’s Office) and Shauna Thompson (Law Society of Northern Ireland), considered teams from all NI law schools and campuses as they undertook a client role play at Law Society House, under a scenario kindly drafted by Mr Caher.
The winning team was ultimately Ulster University Magee which consisted of 2nd year law students Conán McGowan and Níall McGrattan. The team was guided by Melissa McKee, their academic coach and mentor. This year’s Brown-Mosten ICCC, hosted by the University of Glasgow, was held from 9-12 April 2025. The Society provided the winning team with a financial contribution towards travel costs.
The team outlines the experience below.
A Global Stage for Legal Excellence, Embracing Collaboration and Cultural Exchange
This year’s prestigious event was hosted in the vibrant city of Glasgow and featured student teams from across the globe, all eager to showcase their client interview and consultation skills. For us personally, and for Ulster University, attending as a team on the international stage of the Brown-Mosten ICCC was a source of immense pride.
The format of the competition involved four rounds of client consultation interviews, each designed to simulate a real-world legal scenario. During these sessions, the student teams were tasked with interviewing a client (played by a trained actor), identifying the legal issues at play, offering preliminary legal advice, and addressing the client’s needs in a professional, compassionate, and legally sound manner.
Each round was carefully judged by panels comprising legal professionals, academics, and client care experts. Teams were evaluated on a range of criteria, including client management, client care and legal knowledge and the application of legal principles. This multifaceted evaluation encouraged students to not only show off their academic acumen but also develop and display the interpersonal and ethical dimensions of legal practice.
In Glasgow, we stood shoulder-to-shoulder with top-tier student representatives from renowned universities around the world. Though competition was fierce, we were
dedicated to handling ourselves with professionalism and a genuine commitment to client service.
For many, including ourselves, the experience was about more than just competing -it was about learning and growing. Through feedback sessions, workshops, and informal discussions, we picked up valuable tips and techniques that will undoubtedly benefit us in our future careers. From handling difficult client scenarios to balancing legal precision with human understanding, the lessons from the ICCC are both practical and enduring.
One of the standout aspects of the competition was the emphasis on collaborative learning and respect. Unlike traditional moot court contests, which often centre on adversarial proceedings, the ICCC rewards empathy, cooperation, and shared problem-solvingqualities that lie at the heart of effective legal practice.
The timetable of events included a cultural exchange, and it was a highlight of our experience to be able to both share and receive gifts from other cultures from around the world.
For us, the experience in Glasgow was undoubtedly transformative - both as an indication of our abilities and as a preview of the legal careers that lie ahead.
Conán McGowan, Níall McGrattan and Melissa McKee
Níall McGrattan and Conán McGowan pictured with Niall Hargan, Catherine Nixon, Shauna Thompson and Tony Caher.
Níall McGrattan, Melissa McKee and Conán McGowan.
Vulnerable Persons Practitioner Course: An Overview Tony Caher
This course was opened on 10 December 2024 by the Lady Chief Justice and was addressed by Sir John Gillen, whose Report in 2019 recommended that the Law Society and the Bar Council provide training for solicitors and barristers to enable them to deal appropriately with vulnerable witnesses. In his address, Sir John emphasised that a fresh culture of advocacy for children and vulnerable adults needs to be involved, which will challenge the traditional style of advocacy.
In everyday practice, solicitors will encounter vulnerable clients as well as witnesses in court settings. To enable practitioners to effectively interact with and obtain evidence, information or instructions required from a vulnerable client or witness, the Law Society has designed this bespoke course which has been rolled out over several sessions to train and educate participants on engagement with vulnerable persons. The course involves the Department of Justice and a range of bodies representing the vulnerable in our society, including Registered Intermediaries and autism and mental health associations. Upon the direction of Ann McMahon, Head of Practice and Procedure at the Law Society, the course was created and delivered by Fiona Donnelly LLM. In addition to her former roles as Associate Director and Senior Lecturer at the Institute of Professional Legal Studies (IPLS), Fiona chaired the Law Society’s Advocacy Working Party for many years, and acts as a facilitator for vulnerable witness training for the Law Society of England and Wales, and has provided vulnerable witness training for the Law Society of Ireland, the Law Society of Tasmania and for various public bodies including the Civil Service Commission for Northern Ireland, DPP Dublin and Offices of the Public Services Ombudsman throughout Ireland. She was the first person in this jurisdiction to obtain an LLM in advocacy, completing her dissertation on advocacy and vulnerable witnesses.
This course, benchmarked against various models internationally, has resulted in a unique programme embodying in-depth learning and experience. It requires intense involvement from participants in the form of pre-course assignments, face-to-face learning and workshops, together with personal study and significant reflection. The course enables participants to obtain two full years of CPD hours and requires them to complete and succeed in three of the five modules on offer.
I attended a part of module two of the course in February 2025 and was privileged to listen to a group of five people with learning disabilities speaking to solicitors and telling them what they need, drawing from their lived experience. The group, from ‘Telling It Like It Is’, along with their leader Louise held the audience transfixed as they explained what it is like to live with a learning difficulty.
I witnessed true learning, understanding and progress happening in that room. Another speaker, who is an autistic law graduate, educated the audience on what it means to be autistic and on the adjustments which can make such a difference to the life of an autistic person. Two Registered Intermediaries provided information on the registered
intermediary system and gave practical advice for solicitors to adapt their practices to enable and empower clients who may have a vulnerability. This was just one part of a phenomenal course which includes modules on questioning vulnerable witnesses in the family, criminal and civil courts. It also looks at working with vulnerable persons in noncontentious settings providing insight and practical guidelines to all of those involved.
The employment of a variety of media and modes of learning together with full participation and engagement with others in the environment makes the course both fulfilling and rewarding for those taking part. When participants have completed the course and obtained the certificate they will have completed several assignments, carried out significant study, contributed to discussion, attended various lectures and workshops and truly earned this certificate and the branding which will allow them to promote themselves as vulnerable persons practitioners.
The Law Society can be very proud of its achievement in establishing this excellent course which I have no doubt will be the envy of many organisations in our sister jurisdictions.
Supporting Inclusion Through Action: The Law Society of Northern Ireland’s Charity Partnership with the NOW Group
Each year, the President of the Law Society of Northern Ireland has the honour of selecting a charity that reflects not only a commitment to community, but also the values of inclusion, support, and opportunity. For 2024-2025, President Colin Mitchell chose the NOW Group as the Society’s official charity partner—a decision that has already had a meaningful impact across our membership and beyond.
The NOW Group is a social enterprise dedicated to supporting people with learning difficulties and autism into jobs with a future. Their mission to create inclusive communities and workplaces resonates deeply within the legal profession, where equity, support, and opportunity are cornerstones of our service to society.
Fundraising Highlights
The legal community has enthusiastically embraced the challenge of raising awareness and funds for this worthy cause. A number of key events have already taken place, bringing members together in support of the NOW Group while demonstrating the creativity and commitment that define our profession.
Europa Hotel Abseil – Saturday 18 May 2025
Not for the faint of heart, this adrenaline-fuelled event saw intrepid volunteers from across the legal sector take on the challenge of abseiling down Belfast’s iconic Europa Hotel. With nerves of steel and a strong sense of purpose, participants descended from dizzying heights in support of the NOW Group. The day was filled with energy, encouragement, and a shared sense of achievement, helping raise significant funds and awareness.
Pro Bono Choir Event – Tuesday 10 June
The Pro Bono Choir took centre stage for an evening of music and goodwill in the beautiful surroundings of the Great Hall at the Royal Courts of Justice. Featuring a diverse programme performed by talented legal professionals, the event was a celebration of community and creativity. Audience donations on the night went directly to supporting the NOW Group’s ongoing projects and the Bar of Northern Ireland’s nominated charity, Dementia NI.
The Legal Walk – Friday 13 June
Despite the unpredictable Northern Irish weather, this year’s Legal Walk saw a fantastic turnout for a scenic 5km route beginning in the Legal Quarter and taking in the iconic surroundings of the Titanic Quarter, including the footprint of the legendary ship. Despite overcast skies, spirits were high as participants from across the legal sector walked shoulder-to-shoulder in support of inclusion and opportunity. The event concluded with refreshments and a BBQ in The National, which was sponsored by Harbinson Mulholland, with a renewed sense of solidarity with the NOW Group and its mission.
A Year of Lasting Impact
The partnership with the NOW Group continues throughout President Mitchell’s term, with further events and initiatives planned to sustain momentum. In choosing the NOW Group, President Mitchell not only spotlighted a vital organisation but also reinforced the Society’s longstanding commitment to equality, diversity, and community impact.
Members are encouraged to continue supporting the charity throughout the year—whether through donations, participation in JAM Card for Business, or raising awareness in their firms and networks.
Together, we are not only upholding the rule of law but extending the reach of justice, opportunity, and dignity to those who need it most.
President’s Charity Absei
Law Society of Northern Ireland takes the Leap for the NOW Group
Members of the Law Society of Northern Ireland demonstrated nerves of steel as they took part in a charity abseil in support of the NOW Group, a Belfast and Dublin based social enterprise that empowers people with learning difficulties and autism to gain independence through skills, training, and employment.
Leading the charge was Colin Mitchell, President of the Law Society of Northern Ireland, and Margaret Allen, Chief Operating Officer of the NOW Group, who joined fellow solicitors, staff, and supporters in abseiling down the Europa Hotel, Belfast, all in aid of raising vital funds and awareness for the charity’s life-changing work.
The team’s efforts raised £3,820.50.
Colin Mitchell, President of the Law Society, said:
‘Taking part in the charity abseil was both a personal challenge and a meaningful way to support a truly inspiring organisation. The NOW Group makes a tangible difference in the lives of so many across the island of Ireland and I’m proud that the Law Society has come together to back their mission. This event was a fantastic opportunity for our members and staff of the legal profession to give back to the community. We’re grateful for the support we’ve received and delighted to contribute to a cause that promotes inclusion and empowerment.’
The NOW Group offers a range of services including employment academies, social enterprises, and family support, working to remove barriers and create opportunities for those with learning difficulties and autism.
Maeve Monaghan, CEO of the NOW Group, said:
‘We are incredibly thankful to Colin Mitchell and the Law Society of Northern Ireland for their support. Events like this not only help raise funds but also raise awareness about the challenges our participants face, and the possibilities that can be achieved when communities work together.’
The charity abseil marks the first in a series of fundraising events organised by the Law Society in 2025 to champion this important cause and help to ensure that the NOW Group can continue to provide innovative support and inclusive employment opportunities across Ireland.
Professional Skilled Experts – HM Chartered Accountants continue to set the Standard in Forensic Accounting
HM Chartered Accountants (formerly known as Harbinson Mulholland), one of Northern Ireland’s foremost independent firms of Chartered Accountants, has expanded its specialist forensic accounting team in response to growing demand from the legal profession for expert financial analysis and litigation support.
Having successfully completed over 5,000 forensic cases over 27 years, HM’s standing and reputation as a trusted advisor and expert witness to solicitors, barristers, and legal teams across the region is unsurpassed. The firm offers comprehensive forensic services spanning personal injury assessments, fraud investigations, loss of earnings calculations, matrimonial financial valuations, commercial dispute resolution, and expert witness reporting.
Renowned for its clear, concise reports and expert witness testimony, the HM forensic team plays a pivotal role in both civil and criminal proceedings. The team is regularly instructed on behalf of both plaintiffs and
defendants in some of Northern Ireland’s most complex and high-profile cases.
‘Our role is to analyse and translate complex financial information into clear, actionable evidence. Legal professionals rely on us not only for our technical knowledge but for our ability to communicate effectively in all aspects of the cases that we are involved in’, said Nora Tallon, Associate Partner. ‘This expansion strengthens our ability to deliver exactly that, when it matters most.’
The forensic team, which has grown in number in recent years, is regularly called upon in cases involving personal injury, serious fraud, money laundering, professional negligence, and shareholder disputes. With deep experience across Northern Ireland’s court systems, the team is well-versed in adhering to strict judicial standards and timelines.
Barry O’Donnell, Associate Partner, added ‘As the complexity of financial disputes and criminal investigations continues to
increase, so too does the demand for credible, independent expertise. The expansion of our forensic team ensures we remain responsive, reliable, and fully equipped to support legal professionals with precision and clarity.’
The forensic team now has 12 skilled professionals, strengthened recently by the promotion of Shree Burns to Director. Shree has been with the firm for 20 years and is regularly instructed by Northern Ireland’s leading personal injury solicitors.
For more information on our work and our team please visit www.harbinson-mulholland.com or email the team at ntallon@harbinson-mulholland.com; bodonnell@harbinson-mulholland.com, sburns@harbinson-mulholland.com
An Interview with a Solicitor from Northern Ireland who has relocated to The Cayman Islands Nikue Assarpour
What was your legal background in Northern Ireland?
I commenced my training as a solicitor in the firm of Jim Rafferty & Co in Dungannon, Co Tyrone. After qualification I remained there for a year before taking up a post as an Associate in Kenneth McKee Solicitors Lisburn, a branch of Patrick McMahon Solicitors of Lurgan and Newry. In that firm I did all the work typical of a small high street practice in Northern Ireland, namely, family law, personal injury claims, criminal law and conveyancing. I loved my work from that time and learnt so much from the Principal, Pat McMahon, and the many colleagues and friends in the local jurisdiction. I believed that I had a long-term future as a Lisburn solicitor in that firm.
What motivated you to move from a high street firm in Northern Ireland to the Cayman Islands?
My world, like that of so many, changed drastically with the onset of the Covid pandemic in 2020. Life, particularly professional life, was less fulfilling and the
collegiate culture that appealed so much to me was greatly diminished. My sense of priorities also changed, and I realized that we only get one precious life and maybe I wanted something different; I just wasn’t sure what that might be until I came across an advertisement in February 2022 for the post of an associate attorney in the Cayman Islands. This was not a post for a lawyer specialising in the complex finance and funds work for which the Cayman Islands are known, but for an attorney to carry out general practice work such as that in which I had accumulated considerable experience. Although I had no detailed knowledge of the Cayman Islands at that stage, my imagination and interest were ignited, and I submitted my application. I undertook interviews remotely and was thrilled when I was offered the post of Associate Attorney with the firm of Priestleys - a medium-sized firm in Grand Cayman conducting commercial and private client business. There was, however, one last issue to be resolved. My husband Martin, a civil engineer, would need to secure a position in his profession in Grand Cayman if we were to make the move. Thankfully he achieved that in a short timeframe allowing us to move to the Caribbean in June 2022.
What sort of work do you do in your new practice?
Priestleys is a medium-sized firm with two partners, one counsel and five associates including me; a paralegal, a corporate administrator and three administrative staff. The Cayman Islands have a fused legal profession, so the role of barrister and solicitor are combined here and barristers from other common law jurisdictions are employed in law firms along with those who have qualified as solicitors. We who in our jurisdiction of origin were classified as solicitors enjoy higher rights of audience without restriction. I therefore conduct my own cases without referral to an independent bar. Most of the work I do is similar to that in which I was engaged in Lisburn, but I now have the opportunity to conduct Grand Court (the equivalent of NI’s High Court) cases myself. Last April I conducted my first contentious Grand Court probate action (I won!). There are of course cases of substance and complexity that require the input of Silks from the British Isles. I believe K.C.s from Northern Ireland are particularly well qualified to undertake such work given the similarities in the Grand Court Rules and those of the High Court. While emphasising the similarities in my current practice with those in Lisburn, it is important to state that legal aid plays an insignificant part in my work here.
Outside of your professional life, how would you describe your life in the Cayman Islands?
I have now been here for three years and can appreciate the many benefits working in the Cayman Islands has to offer. First, the salaries enjoyed surpass considerably those in Northern Ireland. There is no income tax. English is the islands’ language, and the weather is nearly perfect with average highs of 28 degrees. Our location means we are proximate to cities such as Miami and Kingston and only a few hours from all the major cities of east coast USA. An unanticipated benefit is the presence of a number of sporting clubs, such as touch rugby, tennis, volleyball and a large GAA community, which attract expats from every culture and background and provide a welcome and inclusive community for all. My husband and I have enjoyed being involved in many of these activities and my husband still plays GAA with the over 40s team. People are very welcoming here and are quick to adopt new people into their groups and teams which has meant we have made many new friends here. In addition, Grand Cayman where I live and work provides great beach resorts, snorkelling and scuba diving.
In September you returned to Northern Ireland to complete the Law Society’s Advanced Advocacy Course. What enticed you to embark on it?
As I said earlier it is a fused profession here and I am now conducting cases on my own at a high level. These could be civil, family or commercial disputes. While I had the benefit of advocacy training in the Institute, I felt I needed to upgrade those skills for the advocacy role I now was playing. I had heard so many positive reports of the Advanced Advocacy Course and was excited when I read it was to be revived after a Covid-induced break of several years. The course in September exceeded all my expectations. The quality of the teaching and the methodology employed by the U.S. faculty, ably assisted by local practitioners and Judges, was excellent. The adrenaline rush and sense of achievement were the highlight of my year. Furthermore, I had the privilege of renewing acquaintances with Northern Irish colleagues with whom I have stayed in contact since returning to Priestleys and the day job. The principles underpinning good advocacy are transferable to all legal work and I truly believe my practice has been enhanced since. I have recommended the course to many colleagues here but the logistical problems for lawyers across the ocean are considerable.
Do you envisage a permanent life in the Cayman Islands now?
That is impossible to answer with any certainty due to the immigration rules here. All foreign nationals employed in the Cayman Islands must have a work permit and you are only able to hold a work permit for a period of nine years. After nine years, foreign nationals who are subject to a nine-year term limit and have not applied for Permanent Residence will generally not be granted any form of work permit until they have ceased to be resident in the Cayman Islands for at least one year (known as rolling over). I have made a major decision to uproot and travel far from friends and family. The journey so far has been worthwhile, and my husband and I have found great happiness and professional fulfilment in the Cayman Islands. Who knows what events might occur in the future that would persuade us to return, but at this point, we are staying for the foreseeable. Emigrating is not for everyone as personal circumstances may affect such decisions, but I encourage anyone who is able, to consider such an adventure. I would be happy to chat to anyone considering a move to Grand Cayman.
Climate Action Programme –Hot Air or of Real Importance?
Simon Chambers, Chair, Climate Justice Group
The Law Society of Northern Ireland has contracted Business in the Community NI (BITC) on a collaborative Climate Action Programme with a focus on actively engaging and educating businesses across Northern Ireland to take proactive steps towards climate action.
The Climate Action Programme offers a comprehensive platform for businesses to understand, measure, and strategise their approach to environmental sustainability, aligning seamlessly with the Law Society’s recent sustainability strategy. The collaborative Climate Action Programme presents a powerful opportunity for the Society and its members to be recognised as leaders in championing climate action and contributing to a greener and more resilient Northern Ireland.
The first step in the programme is Carbon Literacy Training. Carbon Literacy is defined as:
‘An awareness of the carbon costs and impacts of everyday activities and the ability and motivation to reduce emissions on an individual, community and organisational basis.’
BITC offers training aids to support understanding and to raise awareness of the core elements of carbon literacy, and the opportunities, risks and challenges that climate change will present.
Simon Chambers, Law Society Council member and Chair of the Climate Justice Group, was invited to attend a recent training session provided by BITC. He offers his experience of the course saying:
‘The training was both informative and practical, comprising a look at the science behind emissions and the impacts of climate breakdown. The training went further, examining the business and personal impacts on the environment and what can be done to reduce our emissions. The first workshop was held in person at the Danske Bank headquarters adjacent to the City Hall, Belfast. Danske helped Business in the Community launch their pilot initiative in 2020 and have kindly agreed to host the workshops since. Two further workshops are held on-line.
Alongside me were representatives of diverse businesses from across Northern Ireland which led to interesting and engaging crosspollination of ideas and sharing of valuable insights into how businesses from across the spectrum view and are tackling the climate question and its impact on their business. The course aims to develop greater awareness of greenhouse gas costs and impacts of everyday activities, educating upon the ability and means to reduce emissions on an individual,
community and organisational basis, without losing sight of the need to balance profit with social and environmental responsibilities. There is really no question that climate change can now be witnessed on our doorstep.
Locally, climate change will not herald more clement temperatures but will lead to much heavier rainfall, as increased temperature inexorably leads to higher levels of rain through increased seawater evaporation, as befits our status as a small island in the North Atlantic.
The attendant localised flooding has already adversely disrupted local town centres and businesses recently and there is a very strong scientific basis in asserting that climate change occurs not just through natural process but through anthropogenic (man-made) emissions.
20 of the hottest years on record have occurred in the last 22 years and Europe is the continent showing the fastest heat rises. If global temperatures increase by 3 degrees, most of Africa and southern Europe will reach a permanent drought state. Belfast could see a sea level rise of 94 centimetres, enough to submerge the Titanic Quarter, arguably the area with the highest local economic growth.
The frequency and intensity of storms and extreme weather events is expected to increase here, and Northern Ireland is one of the most
nature-depleted countries in the world, ranking 12th globally, with the Republic of Ireland ranked 13th. We have lost more than 80% of the local curlew population, for example.
The human impact of climate breakdown as it will affect our businesses include heat exhaustion and associated inability to work, damage to property and infrastructure, lack of food and water supply, increase in global political instability and conflict leading to mass migration and the reversing of years of improvement in diet and food production.
The Course then takes a more positive tone and looks at what we all can do to ameliorate the causes and effects of climate change. It focuses on risk identification and opportunities, encouraging a focus on the supply chains that feed our businesses, the availability or otherwise of raw materials, asking participants to consider moving away from a more traditional supplier base to more environmentally conscious suppliers with a greater emphasis on ensuring product integrity and adopting a circular economy model.
Participants are supplied with the tools to measure their business emissions, both directly and indirectly, allowing one to calculate their Streamline Energy and
Carbon Reporting figure. This is becoming increasingly important as firms look to reduce their carbon footprint, which can be offset by reference to actions taken by suppliers. Of particular interest to solicitors is increasingly banks, mortgage providers and corporate clients will look to its “suppliers”, i.e. the law firms they instruct, to exhibit evidence of carbon-cutting measures and certification of steps taken, as part of the rationale in engaging a particular firm.
A key, final, part of the certification process is setting out in application form what you/ your firm is committed to changing about your current working practices to seek more environmentally friendly solutions.
This is where the training comes to the fore, as successful participants will be certified as meeting all the requirements of the Carbon Literacy Standard and thus for the purposes of the workplace, education and community should be regarded as carbon literate. The Carbon Literacy Project (CLP) have also developed a downloadable badge that successful learners can use on their email signature, LinkedIn, social media or anywhere else appropriate to share their carbon literate status.
I would commend participation in this Course to all members and found it a vastly educative and commercially enriching initiative.’
If you are interested in finding out more about this training initiative, please email policy@lawsoc-ni.org
An Overview of the Criminal Cases Review Commission
Johanna Higgins, Commissioner for Northern Ireland, Criminal Cases Review Commission
This article presents an overview of the organisation set up as a “first of its kind” to investigate and return wrongful convictions to the Court of Appeal. The Commission is the only way a case can be returned to an appellate court once the usual appeal route is exhausted. We will take a look at what it is and how it works, with a particular emphasis on some cases from Northern Ireland.
How was it set up?
The Criminal Cases Review Commission, (CCRC), is a body which was set up by the Criminal Appeal Act 1995 (‘the Act’). Setting up the CCRC was a recommendation of the Royal Commission on Criminal Justice, which was created on the same day that the Birmingham Six convictions were famously overturned in the Court of Appeal, London. Prior to this the Home Office formerly had responsibility for addressing alleged miscarriages of justice and sending them back to the Court of Appeal if the Home Secretary ‘saw fit’, as per the Criminal Appeal Act 1968, s 17(1)(a). The group JUSTICE in England had, since its inception in 1957, been highlighting the need for a practical and effective form of redress for those who sought to put right their wrongful convictions. The Guilford Four had already had their convictions quashed in 1989 and a raft of other high-profile cases were in the news, among them, the Maguire Seven, Tottenham Three, Judith Ward, Cardiff Three, Stephan Kizsko and others.
At the time the CCRC opened its doors in 1997 there was a backlog of some 261 cases which were transferred from the Home Office (HC Debate 6 June 1997 vol 295).
Why was it set up in this way?
It was considered preferable to have a body which was not susceptible to breaching the separation of powers principle; the principle ‘famously championed by Baron de Montesquieu in France, whose book published in 1748, De L’esprit des Lois, argued that legislative, executive and judicial powers should not be exercised by the same people.’ (Brice Dickson, Law in Northern Ireland 2022). It was seen as a difficult position to have the Home Secretary challenge the courts (and, by inference, the judiciary) and the assertion was that the Home Office was somewhat reluctant to do this, according to Laurie Elks (former Commissioner), who writing in his book Righting Miscarriages of Justice? argued there was a ‘systemic constitutional difficulty in entrusting the review of miscarriages to the executive branch of the government.’
The CCRC was, therefore, set up as an independent body corporate. It exists independently of Parliament, the Executive and the Courts; an inquisitorial body operating in an adversarial system. Occupying this singular position, the demands upon the CCRC are multifold, bearing as it does the responsibility to address the wrongs alleged against the whole system. It has a Departmental body (the MoJ) to fund it and deal with practicalities at ‘arm’s length.’
The members of the CCRC, who are the 11 commissioners, are appointed by the King, on the recommendation of the Prime Minister (who is advised by the MoJ). Each Commissioner, including the chair, has been traditionally granted a Royal Warrant under the Act. The powers detailed in the Act are vested in the CCRC itself. The independence of the CCRC has been seen as crucial to the exercise of its duties.
There is a statutory requirement for one of the Commissioners to have experience of the legal system in Northern Ireland. As that Commissioner, I also undertake English cases and so have a broad spectrum of work. We now also have three legally qualified case
review managers based in Northern Ireland. The whole organisation has around 110 staff, of whom 35 are Case Review Managers, working directly on cases with Commissioners, investigators and administration staff.
What are its powers?
The Act details several important powers available to the CCRC in the exercise of its work. The most used of these is the Section 17 power, to ‘obtain documents etc from those serving in public bodies.’ This power is used by the CCRC thousands of times a year. In practically every case that goes to review it is used to put public bodies on notice that documents or materials relating to a case must not be destroyed. When the CCRC requires production of material, it is backed by a power to enforce by judicial review. Section 17 is a very wide power and is not fettered ‘by any obligation of secrecy or other limitation on disclosure…’
Section 18A is a similar power to obtain documents from private persons and can be enforced through an order of the Crown Court. We have only had to use the enforcement route in this regard in one recent case.
Section 19 of the Act gives the CCRC the ‘power to require the appointment of investigating officers.’
The most important powers, which makes the CCRC a unique body, are detailed from sections 9 to 14. In summary, the CCRC may refer any conviction on indictment back to the Court of Appeal (in England and Northern Ireland) and any summary conviction back to the Crown Court in England and the County Court in Northern Ireland. The CCRC also deals with Court Martial cases. Section 13, which outlines the conditions for the making of references, is worth reproducing in full:
‘(1) A reference of a conviction, verdict, finding or sentence shall not be made […] unless—
(a) the Commission consider that there is a real possibility that the conviction, verdict, finding or sentence would not be upheld were the reference to be made,
(b) the Commission so consider— (i) in the case of a conviction, verdict or finding, because of an argument, or evidence, not raised in the proceedings which led to it or on any appeal or application for leave to appeal against it, or (ii)in the case of a sentence, because of an argument on a point of law, or information, not so raised, and (c) an appeal against the conviction, verdict, finding or sentence has been determined or leave to appeal against it has been refused.
(2) Nothing in subsection (1)(b)(i) or (c) shall prevent the making of a reference if it appears to the Commission that there are exceptional circumstances which justify making it.’
Cases from Northern Ireland
It is important to note here that application to the CCRC is completely free. There is no fee and many of the applicants are not represented and use the Easy Read form. Legal Aid is, however, available to representatives preparing cases in Northern Ireland, although it is not available in England. The CCRC will undertake any necessary legal, forensic work or other expert work deemed necessary in a review. What is perhaps most beneficial for a legal representative to undertake, which can really assist the process, is some detail made out as to where a real possibility may lie, be it in legal argument or new evidence. The new evidence may have to be sought by the CCRC, it does not have to be available to the applicant before applying.
Recent cases have included the King v Patrick Joseph Thompson [2024] NICA 30 in which the convictions of Mr Thompson for four counts of murder and membership of a proscribed organisation in 1976 were overturned. The court noted in its judgment:
‘A striking feature of this case is that the main ground on which this appeal is advanced – the Latimer point encompassed at (iv) above was not known to the appellant when he applied to the CCRC. Rather, it was in the course of their own review that the CCRC became aware that the decision in Latimer was of relevance to this appeal.’
And, later in the judgment, ‘We also commend the CCRC for drawing the Latimer issue to the attention of the court.’
The Latimer point arises from the case of R v Latimer, Hegan, Bell and Allen [1992] 1 NIJB 89 in which an officer, Detective Inspector Mitchell, was discredited and therefore rendered unreliable. The court agreed with the assertion of the CCRC that:
‘If the trial judge had been aware of serious concerns regarding Mitchell’s integrity, the CCRC considers that this would have been likely to cause him to doubt the reliability of DI Mitchell’s account that Mr Thompson had made voluntary admissions to the offences in question …’
Mr Thompson served his full sentence for this wrongful conviction and had protested his innocence for many years.
The CCRC is currently undertaking a trawl of previous cases which might also involve unreliable confession evidence where officers have been discredited. We would also be happy to look at new applications on this point. It must, however, be noted that in another recent case, the Court of Appeal, in declining to quash other convictions referred by the CCRC, stated:
‘Finally, lest this point be unclear to appellants or the CCRC, the fact that issues arise from Latimer as to the conduct of certain police officers, is not a freestanding ground of appeal. Although a valid question is raised, it is not a given that a historic conviction is unsafe because some discredited police officers may have been involved. The outcome of appeals will depend on a close and careful analysis of the facts of a particular case and consideration of the overarching consideration of whether a conviction is unsafe’ King v George Kirkpatrick, Cyril Cullen and Erin Cullen [2025] NICA 5.
This then may require some consideration to be given to distinguishing cases from Kirkpatrick
From the Magistrates Court, a case in which a conviction was recently overturned in the County Court was that of Stefan Stefanov. Mr Stefanov was convicted of driving without a licence after he was stopped by police on the Dungannon Road, Moy and produced his Bulgarian driving licence. Mr Stefanov was prosecuted on the basis that his Bulgarian licence only allowed him to drive for a year after becoming resident in Northern Ireland. He was advised by his counsel to plead guilty.
Mr Stefanov was duly convicted of driving without a licence, contrary to Article 3(1) of the Road Traffic (Northern Ireland) Order 1981 and disqualified from driving until he passed an appropriate test. As Mr Stefanov had no right of appeal, given his guilty plea, he applied directly to us, unrepresented, after he had checked with the Driver and Vehicle Agency and been told he should have been able to drive on his EU licence. The CCRC referred the case for an appeal on the basis that Article 55(1) of the Motor Vehicle (Driving Licences) Regulations (Northern Ireland) 1996 (regarding the one year limit) had been wrongly applied to Mr Stefanov and that, in fact, as a holder of a Bulgarian licence he had a Community licence which fell within the scope of Article 15A of the 1981 Order. This meant he could drive until he was 70, or until his licence expired, whichever was sooner. Therefore, he had not been driving without a licence.
This case, whilst at the less serious end of the spectrum, still had consequences for Mr Stefanov, and, in terms of the public interest, it was wasteful of police and court time. A trawl has also been undertaken to identify any other similar cases and, again, applications on this point are welcome.
I have highlighted two quite different cases. I would also like to draw attention to the modern slavery cases that we have been undertaking in England and Wales where the appropriate defence was not advised. The equivalent in Northern Ireland would be the statutory defence at s.22 Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (NI) 2015. Practitioners can look at the CCRC website where there is a case library which might well be of assistance in getting an idea of the types of cases we have dealt with and referred.
Currently, there are 10 referred Northern Ireland cases awaiting an appeal hearing and we currently have 32 applications from Northern Ireland to consider. This is against a backdrop of approximately 970 cases under review from all jurisdictions.
I hope that this overview has been of assistance. Please get in touch for any further information.
Contact details for more information on the CCRC: www.ccrc.gov.uk
Email: info@ccrc.gov.uk
Tel: 01212320914
STATUTORY EMPLOYMENT RIGHTS PAYMENTS INCREASED:
The Employment Rights (Increase of Limits) Order (Northern Ireland) 2025
This Order increases, from 6 April 2025, the limits applying to certain awards of Industrial Tribunals, the Fair Employment Tribunal or Labour Relations Agency statutory arbitration, and other amounts payable under employment legislation, as specified in the Schedule to the Order.
Under Article 33(2) of the Employment Relations (Northern Ireland) Order 1999 (“the 1999 Order”), if the retail prices index (RPI) for September of a year is higher (or lower) than the index for the previous September, the Department is required to change, by Order, the sums specified in the provisions mentioned in Article 33(1) by the percentage of the increase or decrease (rounded up or down as specified in Article 33(3) of the 1999 Order). The increases made by this Order reflect the increase in the RPI of 2.7% from September 2023 to September 2024.
The increases apply where the event giving rise to the entitlement to compensation or other payments occurs on or after 6 April 2025. Article 2 of the Order revokes the Employment Rights (Increase of Limits) Order (Northern Ireland) 2024 (S.R. 2024 No. 86) (“the 2024 Order”). Article 4 of the Order preserves the sums previously in operation under the 2024 Order in relation to cases where the relevant event was before 6 April 2025.
TABLE OF INCREASE OF LIMITS
Column 1 Relevant statutory provision
Article 40(6) of the 1995 Order
Article 23(1) of the 1996 Order
Article 63(1) of the 1996 Order
Article 77E(3) of the 1996 Order
Article 154(1) of the 1996 Order
Article 158(1) of the 1996 Order
Article 231(1)(a) and (b) of the 1996 Order
Column 2 Subject of provision
Minimum amount of compensation where individual expelled from trade union in contravention of Article 38 of the 1995 Order and not re-admitted to the union by the date of application to the tribunal.
Maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or various awards, including the basic or additional award of compensation for unfair dismissal.
Limit on amount of guarantee payment payable to an employee in respect of any day.
Amount of award for unlawful inducement relating to trade union membership or activities, or for unlawful inducement relating to collective bargaining.
Minimum amount of basic award of compensation where dismissal is unfair by virtue of Article 132(1)(a) and (b), 132A(1)(d)2, 133(1), 134 or 136(1) of the 1996 Order.
Limit on amount of compensatory award for unfair dismissal.
Limit on amount in respect of any one week payable to an employee in respect of a debt to which Part XIV of the 1996 Order applies and which is referable to a period of time.
1 “Old Limit” refers to amounts specified in Column 4 of the Schedule to SR 2024 No. 86.
2 Article 132A(1)(d) was inserted by regulation 32(6) of the Working Time Regulations (Northern Ireland) 1998 (SR 1998 No. 386) and amended by SI 2003/3049 Schedule 2, paragraph 4(3).
Changes to the Constitution and Procedural Rules of the Industrial Tribunals and Fair Employment Tribunal
Craig Alexander LLB, Policy & Engagement Intern
In this article Craig Alexander LLB, Policy & Engagement Intern at the Law Society reviews recent changes to the Constitution and Rules of Procedure of Industrial Tribunals and the Fair Employment Tribunal.
Background and Context
In Great Britain, employment disputes are resolved through a single employment tribunal system. Northern Ireland, however, employs a dual tribunal system that distinguishes between different types of claims. Industrial Tribunals handle the majority of employment disputes, including claims for unfair dismissal and general discrimination, while the Fair Employment Tribunal deals exclusively with discrimination claims on the grounds of religious belief or political opinion. Both tribunals are administered by the Office of the Industrial Tribunals and Fair Employment Tribunal and are governed by The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020, S.R. 2020 No. 3 (the 2020 Rules).
In June 2024, the Department for the Economy initiated a stakeholder consultation to determine whether the current Rules required further refinement. Following the consultation’s closure, amendments were made by virtue of S.R. 2024 No. 197 which took effect on 12 December 2024. These changes aimed to reduce the administrative burden on the tribunal system and align Northern Ireland’s procedures more closely
with those already in place across the rest of the UK. A consolidated version of the 2020 Rules, incorporating the amendments made by S.R. 2024 No. 197, is now available here: The Industrial Tribunals and Fair Employment Tribunal (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2020. The key changes are as follows:
• Employment Judge Sitting Alone
This amendment will affect Rule 53 of the 2020 Rules. It allows an employment Judge to sit alone in certain “prescribed circumstances.” Historically, the composition of a tribunal panel has included an employment Judge alongside two lay members: one nominated by an employer association (representing employers), and the other by an affiliated union (representing employees). This structure was designed to ensure that decisions are made with a balanced perspective, drawing on both legal expertise and practical, real-world experience. However, the new amendment expands the range of cases in which an employment Judge may decide a matter alone, mirroring a trend in the rest of the UK, where, since 2012, most unfair dismissal cases have been heard solely by a Judge. In fact, a Practice Direction issued by the Senior President of Tribunals of England and Wales in July 2024 permits employment Judges to sit alone in all cases unless, ‘having regard to the interests of justice and the overriding objective,’ the Judge determines that a panel is necessary.
While the specific circumstances under which a Judge may sit alone are not formally listed in the amended Northern Ireland Statutory Rule, it may be likely that future guidance will issue by way of a Practice Direction, closely mirroring the discretionary approach adopted in the rest of the UK.
• Multiple Claimants on a Single Claim Form
Rule 10 has been amended to allow multiple claimants to submit a joint claim on a single form when their claims involve related legal or factual issues.
Similarly, a single response form may be used to address claims involving multiple respondents or various claims that share common or related issues. This is aimed to reduce the paperwork burden associated with collective disputes and ensure that parties with common issues are dealt with more efficiently within one set of proceedings. In theory, such measures should reduce delays, lower administrative costs, and promote consistency in outcomes across similar cases.
• Default Judgments
The introduction of default judgments in cases where a respondent fails to file a response aligns Northern Ireland’s practices with those of other jurisdictions. This measure can help to quickly resolve cases where one party is unresponsive, thereby reducing the overall backlog of disputes awaiting resolution.
• Reasonable Notice of Hearings
Under Rule 52, there is now a requirement that parties be given ‘reasonable notice’ of a final hearing date. This new rule permits final hearings to proceed with less than the previously standard 14 days’ notice if all parties agree. This provision is intended to allow tribunals to take advantage of early hearing slots or last-minute scheduling opportunities when parties are prepared to proceed, thereby further reducing delays.
• Public Register of Tribunal Judgments
Rule 61 has been modified so that when a claim is withdrawn, the corresponding dismissal order will not be recorded on the public register - as no substantive decision was rendered. This may help in preventing withdrawn claims from cluttering the register with non-determinative entries, ensuring that only substantive judgments and the accompanying written reasons are publicly available.
• Cost Orders
Finally, an amendment under Rule 73 provides discretion to the tribunal to
consider imposing a cost order against a party who causes a postponement or adjournment by making a late application. This measure is designed as a deterrent against last-minute postponement requests, helping to ensure that delays are minimised.
Commentary
Despite the clear intent to boost efficiency and reduce administrative burdens, there
may be concerns raised regarding objectivity and access to justice. For instance, allowing an employment Judge to sit alone on the tribunal may streamline proceedings, but it also concentrates decision-making in a single individual rather than drawing on the diverse perspectives of a traditional three-member panel. This risks diminishing the critical checks provided by lay members, whose practical insights can balance legal reasoning and mitigate potential bias. On a related note, while the procedural efficiencies designed
to streamline paperwork and expedite scheduling are expected to alleviate significant delays amid a growing caseload, they may inadvertently disadvantage self-represented parties or those with fewer resources than their counterparts.
Consequently, it is crucial for both policymakers and stakeholders to monitor these changes closely to ensure that the pursuit of efficiency does not come at the expense of fairness and access to justice within the tribunal process.
Compulsory Mediation –Another Step Forward Beer, Football and cracking Hard Nuts
Brian Speers Solicitor, Mediator, CMG
Cunningham Dickey Solicitors
I enjoy all sport, my tendency is perhaps towards rugby and football but if the golf is on or if there is some cricket to watch I will be glad to observe. My son is a Manchester City supporter, and my son-in-law supports Manchester United. I have tended not to support any team because becoming too passionately involved detracts from the ability to enjoy the spectacle as a neutral.
However, given my interest in mediation, dispute resolution and sport, you will understand why I could not fail to have been interested in a recent judgment involving Manchester City, Superdry, the Asahi Super “Dry” beer and compulsory mediation.
All of these elements came together in a pre-trial review application considered by Mr Justice Miles in the business and intellectual property list of the Chancery Division of the High Court in England and Wales in a trademark infringement case (DKH Retail Ltd and Ors v City Football Group Ltd [2024] EWHC 3231 (Ch))
The issue was not without interest. Superdry, the clothing manufacturer, had an objection
to the presentation of promotional branding on Manchester City’s players’ kit which read ‘Super “Dry”’ Asahi 0.0%’. Superdry considered that this would be confusing and that people would believe that Superdry, the clothing label - as opposed to Super Dry Asahi beer - was a sponsor of Man City.
It seems that Superdry had secured the ‘Superdry’ trademark.
The matter was set to be litigated, and a pretrial review occurred on 21st November 2024. At this pre-trial review, Superdry applied for an order that the court compel the parties to mediate.
There were certainly other substantive issues to do with disclosure of contracts and confidentiality but for the purposes of this article I am considering the mediation issue.
Having received an application for compulsory mediation, Mr Justice Miles reflected on the case of Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. In this case, the Court of Appeal determined that the court had power to order unwilling parties to engage in alternative dispute resolution (ADR).
In addition, Mr Justice Miles noted that the Court of Appeal had taken into account the report of the Civil Justice Council ADR Working Group which had reported in 2018.
The claimants, Superdry, submitted that some procedural changes which had occurred since the Churchill case should bring about a change in the court’s approach to mediation and they also referenced the “overriding objective” to ensuring that the court’s resources were properly allocated. Superdry contended that in this case the court should exercise its power to order a mediation.
Manchester City argued that the court should only order mediation where there was a realistic prospect that should succeed. Counsel for Manchester City submitted that
mediation was not realistically likely to lead to settlement.
In addition, Manchester City asserted that it was too late for the court to order mediation given the stage of proceedings – the parties were substantially ready for trial. Finally, it was submitted that Manchester City was entitled to a court determination and mediation would not achieve the certainty of such a determination.
Mr Justice Miles indicated that while seeing some force in Manchester City’s submission that it was late in the day to be seeking a Compulsory Mediation Order, it may also be said ‘that there is some advantage in the parties’ positions having been crystallised through pleadings and the service of witness statements’. He reflected that sometimes objection to mediation is at a different stage in the proceedings and the objection is because mediation is premature and proposed at a stage when the parties’ positions were unknown.
He also acknowledged that the legal representatives of Superdry and Manchester City were experienced solicitors and if there was to have been a settlement, one might have expected it to have been reached by the pre-trial stage; however, in an important statement in support of mediation, the Judge said ‘that argument does not do full justice to experience which shows that bringing the parties together through mediation can overcome an entrenched reluctance of parties to negotiate even where sincere’.
He went on to say that the purpose of mediation was to ‘remove roadblocks to settlement’. He felt unable to accept the submission of Manchester City that a mediation had a low prospect of success and adjudication by a court was necessarily required.
Interestingly, he went on to say the range of options available to the parties to resolve the dispute through mediation goes beyond the binary answer a Court could provide. The Judge
observed that there may be solutions other than yes or no.
He considered that a mediation in this case would be short and sharp, the documents would be brief and a mediation would not significantly disrupt the preparation for trial.
In perhaps the most noteworthy quotation from his judgment, Mr Justice Miles stated that ‘experience shows that mediation is capable of cracking even the hardest nuts’.
He observed that the mediation process succeeds in cases where the parties appear at first to have intractable differences. He thought that a mediation would be able to focus on solutions rather than raking over historical grievances.
To those who are proponents of and advocates for mediation, this is a most welcome judgment and a powerful justification for mediation, even where parties are seemingly intractably at odds and with diametrically opposing views.
The endorsement of the ruling of the Court of Appeal in Churchill that the courts could order parties to mediate was put into effect in this case. The court ordered Manchester City and Superdry to mediate during December 2024 and to report the outcome as soon as possible after the mediation was complete.
In what was a pleasing post-script to the judgment, Mr Justice Miles added the following: ‘On 13th January 2025 the parties notified the court that they had settled their dispute’.
This case shows what mediators know, namely, that the parties, even if reluctant and even if they believe that no solution is possible, can find that a solution is possible when a mediator brings their skills into play. A neutral, trained, impartial mediator can consider with each party the strengths and any weakness of their positions, explore options that might not be available to a court, and focus on interests and not rights. In this case, like so many other intractable disputes, expensive, time-consuming litigation which would have been very much in the public eye given the prominence of these parties was resolved to the parties’ satisfaction.
It will be interesting to see what other courts do when asked to make a Compulsory Mediation Order.
Is the Jury out on your Vision at Work?
Glen Telford, Optometrist Director at R. A. Glass Opticians
Legal professionals are no strangers to long hours spent in front of digital screens, from drafting documents and researching precedents to navigating case management systems. While technology has undoubtedly streamlined many aspects of the legal profession, it also comes at an often-overlooked cost - digital eye strain.
At R. A. Glass Opticians we are seeing a significant rise in the number of people reporting symptoms associated with prolonged screen use. This condition, commonly known as digital eye strain, affects over 60% of people who use computers on a regular basis, according to recent research.
What are the symptoms of digital eye strain?
Digital eye strain manifests through a variety of symptoms, which can have a noticeable impact on your visual comfort and productivity at work. These include:
• Blurred or fluctuating vision;
• Difficulty focusing, particularly when switching between screen and paper;
• Frequent headaches or a heavy sensation around the eyes; General eye fatigue or tiredness;
• Dry, irritated eyes, often due to reduced blinking while staring at screens;
• Neck and shoulder pain linked to poor posture during screen use;
• Sensitivity to bright lights or glare.
For many, these symptoms develop gradually and are often mistaken for general fatigue.
However, if left unaddressed, they can have a considerable impact on workplace performance, concentration, and even overall wellbeing.
How does digital eye strain occur?
The human eye is not naturally designed to fixate on digital screens for extended periods. Unlike printed text, digital content is typically
backlit and often surrounded by glare or reflections. The brightness, flickering, and contrast levels can also lead to increased visual effort and when coupled with poorly adjusted workstations or suboptimal lighting, the strain intensifies.
Moreover, the legal profession often involves multitasking between devices, physical documents, and distantly placed screens - all of which demand different focal lengths. This continuous visual adjustment can fatigue the eye muscles and exacerbate discomfort.
What treatments are available for digital eye strain?
At R. A. Glass Opticians, we specialise in comprehensive, personalised eye examinations, allowing us to advise on the most appropriate, tailored solution to reduce your symptoms and improve your visual comfort.
Some management options may include:
• Custom lenses: Occupational lenses designed for intermediate and near work can dramatically improve focus and reduce eye fatigue.
• Blue light filtering: Coatings can help to reduce exposure to blue light emitted from digital screens, which is thought to disrupt sleep and contribute to visual discomfort.
• Dry eye management: Tailored advice and treatments to combat dryness and irritation, particularly in air-conditioned or heated office environments.
• Workstation advice: Guidance on ergonomics and lighting to improve posture and reduce strain on the eyes, neck, and shoulders.
We understand that every profession comes with its own set of visual demands and within the legal field, precision and clarity are nonnegotiable. That’s why we take the time to understand workflow, screen use habits, and specific needs before making recommendations.
Could better vision help you win your case?
If you’ve found yourself rubbing tired eyes after a long day or struggling to focus, it might be time to have your eyes professionally examined. Digital eye strain is not just a nuisance - it’s a condition that can hinder your performance and productivity at work.
At R. A. Glass Opticians, our priority is to help you maintain clear, comfortable vision, no matter how demanding your day may be. With locations in Belfast and Carrickfergus, our practices are easily accessible, and we are fully committed to ensuring your vision remains as sharp as your legal arguments.
To schedule an appointment, scan the QR code here:
What kinds of cases do you usually work on at your legal aid practice?
I primarily work within Criminal Defence, which is a hugely varied practice area. My firm handles a vast spectrum of cases, ranging from minor summary offences to more serious indictable matters. We regularly have carriage of cases from the initial police interview through to disposal and, in some circumstances, to appeal.
Can you describe a typical day as a trainee solicitor there?
The good thing about practising criminal law is that each day is different. Typically, I will attend court each morning as needed for a respective case. This could be a Magistrates’ Court, Crown Court, or the High Court in cases of High Court bail. This involves meeting the client and discussing their case, liaising with instructed barristers, and taking an attendance note of what is dealt with in court. My firm deals with cases all over the jurisdiction, and I regularly attend different court venues each day. After court, my day usually consists of office-based work on cases such as drafting correspondence, reading and considering case papers, legal research, or attending client consultations. I also frequently attend voluntary interviews at police stations with my Master or solicitors from the firm.
What skills have you found most important for working in legal aid?
I would say that communication is the most important skill to have when working in legal aid. The nature of legal aid means we often represent vulnerable individuals who may struggle with an involvement with the criminal justice system. It is crucial that one is able to listen empathetically to clients and be able to clearly explain complex legal issues. Organisational skills are also incredibly important, as you are regularly dealing with many ongoing cases at the same time, each requiring a significant amount of work and attention to detail.
What has been the biggest challenge you have faced so far in this practice area?
The biggest challenge in this practice area has undoubtably been navigating the emotional toll that accompanies representing clients facing difficult circumstances and, sometimes, severe ramifications. It can be a challenge to detach oneself from the personal and human stories behind the legal issues. Furthermore, the intensive workload which accompanies criminal law can be demanding. It has been a learning curve to manage my time effectively and prioritise tasks, and, particularly with legal aid work,
one needs to become well-acquainted with the LAMS system when dealing with cases.
How does working in legal aid differ from other areas of law, in your experience?
Legal aid work is fundamentally about ensuring access to justice for everyone, regardless of their financial means or social backgrounds. This often means working with a diverse range of clients from all walks of life, many of whom are experiencing significant personal distress. The focus is less on commercial transactions or complex corporate issues, and more so on protecting fundamental rights and liberties.
What advice would you give to someone hoping to get a training contract in a legal aid firm?
I would advise anyone wishing to practise in a legal aid firm to get as much experience as possible, be it short periods of work experience, placements, or even paralegal work before commencing training. Whilst not essential to obtaining a training contract, this will provide invaluable insight into practice and give you a great head start.
What’s been your most rewarding experience during your training contract so far?
Specifically with practicing in criminal law, the most rewarding aspect in general is undoubtably seeing justice work in action. It is incredibly rewarding to have been working on a case and building up a relationship with a client to then see a favourable result on disposal of a case and the positive impact this has on the client’s life. It is incredibly gratifying to know that your efforts have directly contributed to a just outcome, whether that is securing bail, achieving a favourable sentence, or having a case dismissed. These instances underscore the importance of legal aid and reinforce my commitment to this challenging yet fulfilling area of law.
Matt WilsonTrainee Solicitor at MSM Law
Niamh Darcy
My name is Niamh Darcy and I am a firsttime mother and soon-to-be newly qualified solicitor from Tattyreagh, County Tyrone. I undertook my traineeship at McConnell Kelly Solicitors in Belfast and during the first year as a trainee solicitor, I unexpectedly fell pregnant with my son.
Morgan PennieTrainee Solicitor at Pinsent Masons Belfast and Northern Ireland
Young Solicitor Association (NIYSA) Trainee Representative
Overwhelmed with happiness, gratitude and love for my unborn baby, it wasn’t long before I was also overcome with fear and anxiety that this may hinder my ability to complete my studies and final exams at the IPLS. Despite my fears, very early on I was reassured by the Law Society, IPLS and my firm that this was not the case. I was met with total kindness, understanding and encouragement that I would be fully supported in completing my traineeship.
With this support I continued my studies, successfully completing my exams in December 2023. My son Daithi was then born in January 2024, which was a life-changing moment and the biggest blessing. I was honoured to have my son attend my IPLS graduation in June 2024 at just five months old. While my peers qualified in September 2024, I had fully embraced motherhood and only returned from maternity leave in October 2024.
Since being voted onto the NIYSA committee by my cohort in the IPLS in 2024, I have had numerous opportunities to expand my professional network and develop my skills. The Association has provided me with a platform to connect with other young professionals, fostering relationships that will be invaluable in my career. The collaborative environment within the NIYSA has allowed me to engage with peers, share insights, and learn from others’ experiences, which has significantly broadened my professional network.
One of the aspects I enjoy most about being involved with the NIYSA is the opportunity to organise and participate in various events aimed at increasing networking among young solicitors, barristers, and accountants in Northern Ireland. For instance, our Pilates class with Leila O’Neill held at Law Society House in March was a fantastic way to combine wellness with professional networking. These events are not only enjoyable but also serve as a crucial means of building connections within the legal and financial communities especially as a trainee solicitor at Pinsent Masons Belfast who is qualifying this year!
Currently, we are gearing up for the EYBA (European Young Bar Association) Autumn Conference in October, which promises to be an excellent event for fostering change, innovation, and inclusivity. The preparation for this
Upon my return, I was again consumed with worry that a gap in my traineeship would in some way disadvantage me when it came to my ability to work at the same level as my peers. Having moved to County Fermanagh, I also faced severe guilt, worry and fear about leaving my child for long days to make my commute. Undoubtedly, the challenges of motherhood combined with the commute and work were in no way easy, but I am forever grateful to have had the unwavering support of my parents, siblings and partner, and my firm who had also been very accommodating.
As I approach the final days of my traineeship, I am grateful to have persevered in pursuing a rewarding, challenging career in a brilliant industry and to come out at the end with the biggest blessing of my life in having my son by my side. In the end, some of life’s greatest challenges are all part of our journey towards gaining our biggest strengths and reaching our dreams, so never give up.
conference is extensive, but the potential benefits for attendees make it a worthwhile endeavour and an unmissable event.
As a small organisation, the NIYSA is dedicated to involving as many young professionals as possible. I am thrilled to be part of such a dynamic group, although I do wish I had known about it earlier to take advantage of more of the events and I would encourage all aspiring solicitors within the IPLS to get involved before you start your career as a newly qualified solicitor and contribute to our mission of fostering a supportive and innovative community. The sense of community and the opportunities for professional growth that being a part of the NIYSA offers are unparalleled.
The NIYSA provides a supportive network where young professionals can share knowledge, collaborate on projects, and gain insights from experienced members. This environment fosters personal and professional growth, helping you to stay ahead in a competitive field. Additionally, the events and initiatives organised by NIYSA are designed to promote community, innovation and inclusivity. By participating in these activities, you not only expand your professional network but also contribute to the positive evolution of the legal and financial sectors in Northern Ireland.
Together, we can drive positive change and create a more inclusive professional landscape within Northern Ireland.
A Year in the Life of an Intern
Brenna O’Neill
My Background
I am Brenna O’Neill, a (not so recent anymore) Law graduate from Belfast. I studied Law at Ulster University from 2018-2021 and studied part-time for my LLM in Human Rights and Transitional Justice from 2021-2023. I have always been interested in human rights and equality, and so I sought out opportunities to further research and apply my learning in this area. Whilst at university, I volunteered with the Human Rights Consortium and worked with Community Restorative Justice Ireland, gaining firsthand insight into the real-life impact of the legislation, policy, and case law I had been studying over the course of my education.
Internship
As I neared the end of my Masters’ studies, the Law Society of Northern Ireland began advertising their graduate internship programme. While many may picture interns on coffee runs and endlessly filing, this position was very different. The chance to be involved in research and policy development at such a high level within the justice system was an opportunity like no other.
I applied with, if I am being honest, not a lot of hope. I was working on checkouts in a supermarket at the time to support my studies and was eager to move on in my career. Imagine my surprise and excitement when I was invited for an interview, a chat with the Lady Chief Justice, and a job offer.
I work in the Policy and Engagement Department, which is part of the representative voice of the solicitor profession, and is responsible for engaging with politicians, government, and stakeholders on issues relevant to the profession. My role as an intern is to provide support to the Secretaries of the Practitioner Committees through minute-taking, providing research briefings, and carrying out any research projects the Committees require as they carry out their work.
Return of the Northern Ireland Assembly
Following the return of the Assembly, my role evolved to also include political monitoring, for which my fellow intern and I cover weekly Committee evidence sessions, plenary sessions, and legislative updates. These briefing papers are provided to the Executive Team in the Society, as well as the Practitioner Committees. We also use this monitoring to highlight areas where further research is needed and identify where the Society needs to make representations to politicians on behalf of the profession. Most often this involves consultation responses, but it also means appearing at Committee sessions, organising All Party Group meetings, and attending party conferences to meet MLAs.
Research and Projects
I have had the opportunity throughout this internship to contribute to some incredibly interesting projects, including the consultation response to the draft Programme for Government, in which I outlined the Assembly’s failure to act on climate change. In that same vein, I helped to draft the Sustainability Strategy which sets out the Society’s commitment to sustainability in Law Society House and to being a leader within the solicitor profession in sustainable business practices. I have also contributed to the Society’s Wellbeing Toolkit, a resource for solicitors to take care of their mental and physical health in a profession which has some of the highest proportions of stress and ill-health. While providing secretarial support to the Human Rights and Equality Committee, I have been involved in the drafting and implementation of the Diversity, Equality, and Inclusion Action Plan and the associated workstreams.
What I Have Learned
I have learned so much since being involved in these projects and have built an array of skills that will carry me forward in my career, from research and data analysis to drafting and presenting. I have a deeper understanding of not only the justice system, but particularly the role of legal representatives and the interdependency of access to justice with health, housing, financial health, and life opportunities. I have developed a deeper knowledge of legislative processes, policy development, and the importance of scrutiny and oversight by independent bodies like the Society, who are there not only to regulate the profession, but to represent its interests as well.
As well as my practical skills, I have learned a lot about myself and my capabilities. My confidence in my own knowledge and skills has grown exponentially, and I have learned how not to shy away from opportunities as they are presented to me.
Next Steps
As my internship period comes to an end, it is a bittersweet moment of closing one chapter and starting the next. In terms of my next steps, I have applied for PhD programmes to further my research on human rights in Northern Ireland. I hope to continue to build a career in human rights policy and use my research and skills to make a real difference to how social and economic policy development in Northern Ireland is viewed and discussed. This internship period has given me the skills and confidence I need to start that journey, and I would wholeheartedly recommend the role to any law graduate who is curious.
Cultivating a Healthy Retirement
Jenny Ebbage and Christine Reid
We are both retired lawyers and our paths crossed when we signed up to a Royal Horticultural Society (RHS) gardening qualification in 2023-2024, although as leisure gardeners we already instinctively knew how gardening was beneficial to our mental and physical health and instrumental in helping us plan, navigate and most importantly enjoy our retirement.
Most large public and privately owned gardens open to the public now have a Garden Health Plan which is an integrated, holistic and structured approach to maintaining the health of a garden. Key components are soil and plant physical health to help prevent disease and pests, ongoing maintenance of overall plant health, and advance planning in plant selection to suit the particular site conditions. Using that analogy, we share the steps that have guided us, drawing parallels between a healthy garden and cultivating and maintaining a healthy retirement.
Prioritise physical health
We lawyers have a sedentary lifestyle, working long hours seated at a desk, often until late at night and even at weekends. Sedentary lifestyles unfortunately are increasingly associated with physical and mental illness. Retirement releases us from those long hours at a desk, and this is where physical hobbies such as gardening can help us prepare and continue to enjoy a healthy retirement. Thirty minutes of gardening can burn as many calories as forty-five minutes in a gym and it’s cheaper and out in the fresh air. Many studies have shown that gardening helps lower blood pressure, and protects against stroke, cardiovascular disease, obesity, cancer and other diseases. Whilst gardening is our choice, any physical hobby such as golf or walking, improves physical health and reduces risks of illness.
Keep mentally active
Being a legal professional provides constant mental stimulation, from meeting deadlines to researching complex cases. Retirement brings a welcome relief to professional stress but maintaining mental activity is crucial for health and well-being. Engaging in stimulating activities helps keep the brain sharp, slows down cognitive decline and, it is claimed, can delay onset of dementia and Alzheimer’s. Research studies also show that gardening can lead to a significant reduction in depression and anxiety and that having a hobby can boost mental health.
Retirement offers the opportunity to pursue interests and hobbies that working life did not allow time for. We both signed up to do an RHS exam in the Principles of Plant Growth and Development which was challenging but ultimately very rewarding. Lectures
were provided in advance online. We had to learn how to navigate around the college’s IT system and submit homework online and had regular online quizzes to identify plants and their key features which was interesting and rewarding. Sitting exams in an exam hall for the first time in over 30-40 years with people in the class who weren’t even born when you did your law degree was quite a challenge! However, the sense of achievement in completing homework, reading and attending online seminars and practical classes was real. Meeting up on campus to enjoy the grounds and the camaraderie with other students from all walks of life and ages was so inspiring. Being able to visit a garden and identify some of the plants added another dimension of pleasure to the visit and reinforced the application of the knowledge gained.
Volunteering or mentoring can also provide mental stimulation and a sense of purpose. Newly acquired skills can help make a volunteer even more attractive; for example, many charities in the horticultural sector such as Navigation House (a horticultural hub in Lisburn for adults with learning disabilities), Horatio’s Garden (attached to the spinal injury unit in Musgrave Park Hospital) and The National Trust warmly welcome volunteers with gardening knowledge or experience.
Maintain strong social connections
Social isolation in retirement can lead to physical illness, depression and anxiety. Social activities, including clubs and classes, help to combat loneliness, prevent social isolation and build a supportive network. In Northern Ireland, where the legal community is small, retirement can mean losing one’s daily connections. However, on the positive side, retirement offers the opportunity to reconnect with old friends and make new ones. Engaging with others not only improves mental and physical well-being but offers an opportunity to socialise with those who have similar interests and who are eager to share their own knowledge and skills. This is particularly reflected in the horticultural sector by the significant growth in community gardens which provide such a range of benefits, from projects such as Wildflower Alley (a vibrant community project in an alleyway in Belfast), Colin community allotments in Dunmurry, and the local community groups taking part in Ulster in Bloom contests.
Some employers are even getting in on the act by providing workplace allotments, such as Stormont Estates, as they acknowledge the benefits of social interaction. Whatever the activity, be it a regular walk with a friend, a class or a round of golf, social connections are essential for health and well-being in retirement.
Stress management
Retirement is a significant lifestyle change and can be stressful. RHS research reveals that gardening and other hobbies play a positive role in improving well-being, perceived stress levels and physical activity. It was found that even adding plants to a previously bare front garden reduced stress and is also known that colour and scent in a garden setting have a positive impact. Walking through a beautiful garden brings an awareness of the present, quietens the mind and regulates the breath. Engaging in gardening and other hobbies provides attention restoration, allowing for an escape from the demands of modern life, recovery from mental fatigue, and an improvement in overall cognitive function and well-being.
Advance planning
Ease into retirement by planning the transition carefully. Consider reducing hours to see how you might enjoy retirement. Explore new hobbies by taking a leisure class or even an online class - there are now a wide range on-line modules which offer flexibility as circumstances can change.
As lawyers, we always have to plan ahead and manage ever-changing lists, diaries and dates. Those planning skills and flexibility are transferable after retirement. During our study period, for example, planning was a key skill to help keep up with the studies and to prepare for class. Planning for the year ahead in the garden with what to sow or buy and when, what type of soil, feeding and watering, pruning and care is needed, involves constant learning.
Enjoy
Retirement is ultimately an opportunity to pursue passions and enjoy life. As gardeners we know that there is a tangible happiness in sowing a seed or taking a cutting and watching new life appear in a short time span.
To plant a garden is to have hope for the future. There is so much pleasure in popping out to the garden to cut some herbs or pick some fruit or salad to eat right away. Growing tomatoes in a greenhouse for the first time is one of the most satisfying ways to “grow your own” and enjoy the harvest. Gardeners have a generous nature, often swapping seeds or gifting plants, fruits, flowers and vegetables to others and are very willing to share their knowledge. The connection with others and with nature is very rewarding and worth cultivating in your retirement, but whether it’s gardening, painting or travel, stay engaged and enjoy a sense of purpose. By prioritising physical health, maintaining mental activity, managing stress and planning ahead, you can create a roadmap for a healthy, happy and fulfilling retirement. Start planning early, pay attention to your health, and most importantly enjoy the journey!
How are you - really? Feeling the Pressure? Managing Stress in
Niamh Warnock, Engagement and Relationship Manager, LawCare
Everyone feels stressed sometimes, and we all handle pressure differently. Some stress can be helpful, keeping us motivated. But if stress lasts too long or becomes too much, it can be overwhelming and affect both physical and mental health. Prolonged or intense stress can lead to more serious health issues including anxiety, depression, and burnout.
Stress is one of the most common reasons people contact LawCare for support. Many people working and studying in the legal sector are hardworking perfectionists, which can make them particularly vulnerable to stress. The pressure, long hours, and high expectations can take a toll.
Stress often creeps up unnoticed, but here are some common warning signs:
• Sleep problems: Worries about work can lead to restless nights, making it harder to focus and perform well the next day. Physical symptoms: Stress can cause headaches, muscle tension, skin issues, digestive problems, or frequent colds.
• Unhealthy coping habits: Some people turn to alcohol, drugs, or excessive caffeine to manage stress.
• Changes in eating habits: Comfort eating or skipping meals altogether can be a sign of stress.
• Mood swings: Irritability, frustration, or sudden emotional shifts can occur, sometimes leading to conflicts with others.
Northern Ireland’s Legal Community
• Panic attacks: These may come on suddenly. Symptoms include nausea, breathlessness, shaking, sweating, or feeling detached from reality.
People put off asking for help with stress because they worry it makes them look weak. But ignoring stress won’t make it disappear. The sooner you deal with it, the better.
Managing stress: practical steps
If you’re feeling stressed and overwhelmed, try these simple steps:
• Spot your stress triggers: Keep a diary to notice patterns and causes.
• Prioritise your workload: Learn to say no and break work down into manageable steps.
• Take breaks: Use your holiday entitlement, take proper lunch breaks, and step away from your desk.
• Talk about it: Speak to a colleague, mentor, mental health first aider, your GP or another medical professional.
• Look after yourself: Eat well, exercise, and avoid relying on alcohol to cope.
• Get support early: Don’t wait until stress gets too much. You don’t have to deal with stress on your own.
LawCare is here to help
When you contact LawCare — whether via our helpline, email, or live online chat — you’re speaking with someone who has first-hand experience of working in the legal sector. Someone who understands the pressures. Someone who knows what it’s like.
‘Every day, we hear from people across the legal sector about their experiences and challenges. Whether your issue is personal or professional, we’re here to listen and support you. 2024 was our busiest year ever, with over 1,000 conversations taking place.’
— Andy Darnton, LawCare’s Support & Volunteer Coordinator
We know that a conversation can change everything. People often tell us that finally speaking to someone who understands brings a great sense of relief. One person shared: ‘I am more confident seeking support to meet my work needs and I am grateful that I was able to receive support from LawCare — it has really helped change my life for the better, and I can continue working in the career that I love.’
For over 25 years, LawCare has been supporting the legal community - from solicitors and barristers to Judges, support staff, and paralegals.
Did you know we offer online chat support?
At LawCare, we know that talking on the phone isn’t for everyone, especially when it comes to personal or sensitive topics. That’s why we offer live online chat as an easy alternative. If you find it easier to type instead of talk, feel nervous about calling, or just want a more private way to get in touch, our online chat is here for you. You’ll still be connected with a real person with first-hand experience of law — no bots, just genuine support from someone who understands the challenges of the legal sector and is ready to listen.
Free, impartial and confidential helpline: 0800 279 6888
Online chat: www.lawcare.org.uk and email support: support@lawcare.org.uk
One-to-one peer support : We can also match you with a trained peer supporter who can support you over weeks or months.
No judgement. Just someone who listens. Visit www.lawcare.org.uk to learn more.
Pensions and Inheritance Tax: What’s changing, and what clients should do now
John Baxter, Law Society (NI) Financial Advice
From April 2027, unused defined contribution pensions (most commonly referred to as personal pensions) will become subject to inheritance tax – a major shift for clients with significant pension pots. John Baxter from Law Society (NI) Financial Advice explains what’s changing, what the risks are (including potential double taxation), and how early planning can help protect wealth and reduce the tax burden on beneficiaries.
In her Autumn 2024 Budget, Chancellor Rachel Reeves introduced a significant shift to the UK’s inheritance tax (IHT) rules. From April 2027, unused defined contribution (DC) pensions will be brought into scope for IHT for the first time. This type of pension is most commonly known as a personal pension and includes pension types such as SIPPs, SSAS and money purchase AVCs.
This change may sound technical, but it could have profound implications for how clients plan their estates, especially those with substantial pension pots. With careful planning, however, there are steps individuals can take to protect wealth and minimise unnecessary tax exposure.
Understanding the current rules
Under existing legislation, DC pensions are generally excluded from an individual’s estate
“For many clients, pensions may no longer be the pot you preserve, but the one you spend first.”
for IHT purposes. This has made them an attractive tool for wealth transfer:
• If the pension holder dies before age 75, unused pension funds can be passed on completely tax-free i.e. no IHT or income tax is payable.
• If death occurs at or after age 75, beneficiaries pay income tax on withdrawals at their marginal rate, but no IHT is due.
This favourable treatment has encouraged many to preserve pension savings by using other assets for living expenses so that pensions can be passed on as tax-efficient inheritance.
What’s changing and why it matters
From April 2027, the value of any unused DC pension will count towards the value of the estate for IHT purposes. If the total estate, including the pension, exceeds the £325,000 nil-rate band (or £650,000 for a couple), 40% tax will apply on the amount above the threshold.
The spousal exemption still applies. Pensions passed to a spouse or civil partner remain free of IHT.
The Government estimates this will affect around 8% of estates annually, increasing the IHT bill for roughly 40,000 families. The average additional tax is expected to be £34,000. However, for wealthier families with significant pension funds, that tax consequence will be far higher.
Law Society (NI) Financial Advice
Implications for estate planning
The change brings with it a number of key considerations:
1. Double Taxation Risk. If someone dies aged 75 or over, their pension could now be taxed twice – first through IHT, then again when beneficiaries withdraw funds (as income tax). The combined tax burden could reach as high as 67% in some cases.
2. Probate Delays. Including pensions in the estate may delay probate, especially where beneficiaries are relying on pension funds for liquidity.
3. Rethinking Retirement Spending. Many individuals may now choose to draw down their pensions during their lifetime to reduce the size of their estate, reversing the previous logic of leaving pensions untouched.
4. Renewed Interest in Annuities. Converting a pension pot into a guaranteed income through annuities could help reduce the value of unused funds at death and potentially lower IHT liability.
Planning ahead, what clients should be doing now
With nearly two years until the change comes into effect, there’s time to plan. Clients should be encouraged to:
• Review their estate plans, particularly how pensions fit into their broader strategy;
• Seek professional advice including options like gifting, restructuring assets, or rebalancing drawdown strategies; and
• Stay informed as further detail from HMRC emerges - keeping abreast of technical updates will be key.
By addressing these changes early, individuals can better safeguard their estate and ensure their beneficiaries receive what was intended, with minimal tax leakage.
“This shift turns traditional estate planning on its head – early advice is key to protecting your wealth.”
Here to Help
A sensible first step is to review your own financial arrangements, or those of your clients, under the current legislation and consider how things might change from 2027. From there, it’s worth developing a contingency plan to mitigate any potential inheritance tax impact once the new rules come into effect.
At Law Society (NI) Financial Advice, we’ve supported solicitors, their families, and their clients for over 30 years. Whether you’re reviewing your own position or advising others, our team can provide expert, independent guidance to help you navigate the options.
To speak to one of our advisers, call 028 9023 0696 or email info@lsnifa.com
Law Society (NI) Financial Advice Limited is authorised and regulated by the Financial Conduct Authority. FCA registered number 141726. Law Society (NI) Financial Advice Limited is registered in Northern Ireland with company number NI23143. Registered office is located at 42-44 Rosemary Street, Belfast, Northern Ireland, BT1 1QE. The Financial Conduct Authority does not regulate advice on taxation or estate planning. This content is for general information only and does not constitute advice. The information is aimed at retail clients only. This information is based on our current understanding of taxation legislation and regulations. Any levels and bases of, and reliefs from, taxation, are subject to change.The content was accurate at the time of writing, changes in circumstances, regulation and legislation after the time of publication may impact on the accuracy of the article.
“The combination of IHT and income tax could see beneficiaries lose up to 67% of inherited pension wealth.”
Youth Court Practice in Northern Ireland
by Séamus McIlroy B.L. and John Mackell B.L.:
Youth Court Practice in Northern Ireland, published by the Law Society of Northern Ireland earlier this year, has added to existing practical texts and guides to criminal law procedure in this jurisdiction. It complements Criminal Practice and Procedure in the Magistrates’ Courts of Northern Ireland by John O’Neill and Criminal Procedure in Northern Ireland by Barry Valentine B.L. The authors, both of whom have experience of the two branches of the profession, modestly describe this work as filling a small gap dealing specifically with the Youth Court. That is an understatement for a text that covers comprehensively a wide range of criminal procedure in both the Magistrates’ and Crown Courts, and not merely that relating to the youth justice system.
The Youth Court in Northern Ireland is a bespoke system created to ensure that juveniles are dealt with appropriately given their age and circumstances. The present system of juvenile justice evolved through various statutes over a century and a half, culminating in the comprehensive consolidation of the Criminal Justice (Children) (NI) Order 1998. The current distinction now is that a “young person” is a juvenile aged 13-17, a “child” means a person between 10-13 and there is a conclusive presumption that no child under the age of 10 can be guilty of an offence. In this publication the term “juvenile” is used to describe both children and young persons.
The aims of the system are principally to protect the public by preventing offending by juveniles and, further, for all persons involved in meeting that aim to have the best interests of the juvenile as a primary consideration. It should be acknowledged that the term “children” within the criminal justice system does not solely apply to suspects or defendants. As the authors make clear, quite often juveniles will be witnesses, complainants and victims, and their interests must also be considered.
In addition to indicating how the two major international conventions, namely, the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, impact on the jurisprudence of youth justice, the book sets out how each of the organisations with a statutory role in the
Youth Court
Practice in Northern Ireland
administration of youth justice fulfils its role in accordance with the relevant enactment and the codes providing guidance for its actions. There are a significant number of these organisations. The PSNI and the Public Prosecution Service are the most prominent with each having detailed codes setting out their responsibilities to young persons, inter alia, and guidelines for their actions and decisions more generally. In addition, we have the Appropriate Adult Scheme, the Department of Justice’s Registered Intermediary Scheme, the Youth Justice Agency and the Office of the Police Ombudsman. The book clarifies in detail the important role each plays in the youth justice system. The relevant nongovernment agencies include the Northern Ireland Commission for Children and Young People and the Children’s Law Centre described by the authors as a rich, often untapped, resource. Finally, we have the two branches of the legal profession. The authors stress the absolute necessity for juveniles caught in the justice system to have access to professional legal advice in relation to their own particular circumstances. Solicitors can be instructed at any stage in the process. All designated police stations have 24-hour access to solicitors in order to assist juveniles in custody. Free legal advice is available to all persons treated as suspects in a police station and legal aid is usually available for most juveniles in court and the Youth Engagement Clinics. Barristers are normally only consulted in more difficult and
A Review
The book details the various stages of the criminal process, helpfully identifying the features that have general application and highlighting how specific processes are unique to juveniles. The chapter ‘Before The Court’ is of great assistance to the practitioner in clarifying PACE rights and duties as well as touching on search powers under the Terrorism Act 2000 and the Justice and Security (NI) Act 2007. This section also highlights how the youth justice system contains unique diversionary disposals for the purpose of facilitating the avoidance of young persons entering into the court system with potential life-changing consequences. Later chapters explain the actual processes within the Youth Court and the Crown Court highlighting features peculiar to juveniles including bail and disposals. A separate section elaborates on how the court now accommodates juveniles with learning disabilities and lacking capacity.
The book concludes with very helpful appendices, Practice Direction No 2/2019 - Case Management in the Crown Court including Protocols for Vulnerable Witnesses and Defendants and Sexual Offences Act 2003 - Schedule 3.
Youth Court Practice in Northern Ireland has far wider application than to juvenile justice alone. It is an indispensable aid to anyone practicing criminal law in Northern Ireland. The eloquent Foreword by Mr Justice Kinney describes the book as well organised in structure and logical in its approach. It allows the reader to identify areas of interest quickly and efficiently. Content is easily accessible and clear language renders difficult concepts comprehensible. Aimed primarily at the practitioner it is a book that can be of great interest to anyone with a modicum of interest in our justice system and, in particular, the youth justice system. There is a large section of the population that falls into the latter category as can be seen from the massive response to the recent Netflix drama, Adolescence.
Finally, I would like to highlight the dedication by the authors to the greatly missed Society librarian, Heather Semple, whom they credit with cajoling them into action at the outset of this endeavour. I am certain she would have been very proud of the result.
Tony Caher
Séamus McIlroy BL and John Mackell BL
Law Society of Northern Ireland
From the CourtsAbstracts 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
In the matter of an application by the Committee on the Administration of Justice for judicial review Applicant, CAJ seeks to hold public authorities accountable in respect of their domestic and international legal obligations. - seeks to challenge the failure of the Executive Committee to comply with the statutory duty imposed by Northern Ireland Act 1998 s.28E in relation to the adoption of a strategy setting out how it proposes to tackle poverty, social exclusion and patterns of deprivation based on objective need. - challenges alleged failure of the Minister of Communities to produce such a strategy and alleged failure of the First Minister and deputy First Minister to ensure compliance with statutory obligation. - reasonable time criterion. - whether failure to adopt a strategy was unlawful. - consideration of Re Conradh na Gaeilge’s Application [2017] NIQB 27. - whether Minister sought to thwart the section 28E obligation. - HELD THAT
the Executive Committee is in breach of section 28E but dismiss the case against the other respondents.
Kings Bench Division Humphreys, J 5 March 2025
In the matter of an application by the Committee on the Administration of Justice for judicial review
Previous judgment of 5 March 2025 held that the Executive Committee was in breach of its statutory duty under section 28E of the Northern Ireland Act 1998 by reason of its failure to adopt an anti-poverty strategy. - applicant seeks an order of mandamus compelling the Executive Committee to adopt an anti-poverty strategy by the end of August 2025.respondent rejects the order as the judgment should speak for itself or an appropriate declaration should be made.since judgment of 5 March the Minister presented a strategy to the Executive with the next step for the paper to be formally tabled followed by a 12-week consultation. - consideration of Re Napier’s application [2021]
NIQB 120 and the grant of mandatory relief. - HELD THAT that it is not appropriate to make an order of mandamus but a declaration in respect of breach of statutory duty is required.
Kings Bench Division Humphreys, J 2 May 2025
BAILMENT
In the matter of an application by Ciaran Maguire for bail Applicant charged with offences arising out of the attempted murder of a PSNI officer on 18 June 2015. - attempted murder, possessing explosives with intent to endanger life. - planting of an explosive device under police officer’s car. - applicant and co-accused escaped in vehicles to Republic of Ireland and were arrested by An Garda Síochána and later released without charge. - applicant was re-arrested in March 2017 and extradition proceedings commenced.trial began in March 2018 and applicant was found guilty in
February 2019.- bail history and trial process. - application for bail on basis of delay. - applicant refused bail due to flight risk and further offending.applicant’s trial was delayed on several occasions. - applicant remanded in custody since April 2021. - applicant has already been convicted of membership of IRA. - HELD THAT there is a real risk that the applicant could commit further offences as this had been the case previously. - bail refused.
Kings Bench Division Rooney, J 20 February 2025
DATA PROTECTION
AB v Meta Platforms Ireland Limited
Plaintiff claims he featured in a video on a Facebook page entitled “Parents Against Predators NI”. - video was available for viewing from January 2022 until December 2022. - video is no longer available to view by Master Harvey. - plaintiff asserts it consists of a video of him being
confronted by third parties.his name, vehicle registration and relationship circumstances were mentioned. - movements in Belfast were also discussed. - inference was that plaintiff was an alleged paedophile. - material led to a police investigation but no criminal charges were brought. - claim of misuse of private information and data protection. - failure to remove the video. - service outside of jurisdiction. - Order 11 Rule 1. - torts alleged committed in Northern Ireland. - whether arguable case. - whether image constitutes personal data. - whether plaintiff had a reasonable expectation of privacy. - HELD THAT Order is made to amend the writ and leave is granted to serve the writ on the defendant outside the jurisdiction.
Kings Bench Division Master Harvey 22 January 2025
CDP V Snap Group Ltd and KBE
Plaintiff seeks damages and injunctive relief against each of the defendants in respect of material allegedly posted by the second defendant.first defendant is responsible for the platform, Snapchat, upon which it is alleged the material was published.invasion of privacy, breach of data protection, harassment, abuse, blackmail. - publication of naked and disembodied digital images of the plaintiff. - whether there is an overlap between civil proceedings and criminal investigation.whether second defendant will be prosecuted. whether delay in criminal proceedings. - HELD THAT application for a stay is refused. - defendants to serve their defences in the civil proceedings within 21 days of ruling.
Kings Bench Division Colton, J 11 April 2025
DEFAMATION
Ivor Platt v The Trustees of Castlerock Golf Club and David Steen and Gerard Murphy Plaintiff was a trustee of Castlerock Golf Club before his resignation in December 2022.first defendants are trustees and second and third defendants are club members. - latter signed a resolution indicating a vote of no confidence in plaintiff.
- club sent resolution to all members of club via email, letter and club noticeboard.
- defendants accept it was a defamatory statement but they had only sent it to one individual and did try to withdraw it.plaintiff believed it was libel and a malicious falsehood.
- whilst the defendants had tried to withdraw it, it was several weeks later and in the intervening period it had been published causing damage to reputation, distress and embarrassment. -whether second and third defendants are as culpable as the first named defendant. - consideration of qualified privilege. - strike out. - whether case is frivolous, vexatious and an abuse of process. - HELD THAT the plaintiff suffered more than trivial damage to his reputation and there are sufficient grounds to allow case to proceed.
Kings Bench Division Master Harvey 4 March 2025
FREEDOM OF INFORMATION
In the matter of an application by Clifford Peeples for leave to apply for judicial review Applicant is a writer and political commentator. - seeks leave to apply for judicial review of a policy adopted by the Northern Ireland Executive and The Executive Office (TEO). - policy ensures the non-disclosure of information relating to meetings of the Executive and TEO. - public
is not informed of either the schedule or the content of such meetings. - whether decisions made pursuant to policy are unlawful. - applicant seeks an order of certiorari quashing the policy and decisions. - whether “policy of secrecy”. - Ministerial Code and Nolan principles.Freedom of Information requests. - meeting between Ministers and Chinese diplomat in May 2024. - whether meeting is exempt from disclosure. - whether challenge is unarguable. - HELD THAT application is dismissed as applicant has not established an arguable case with realistic prospects of success.
Kings Bench Division Humphreys, J 7 February 2025
LANDLORD & TENANT
The Trustee of the Roman Catholic Parish of Larne the Diocese of Down & Connor v Eduardo Yanga Appeal from a decision of Mr Justice Huddleston. - order for possession of property.property is owned by plaintiffs which was occupied by Reverend Patrick Buckley until his death in May 2024. - Reverend Buckley had been granted licence to live in the property until certain events including his death transpired. - caretaker agreement. - Mr Yanga lived in the property with Reverend Buckley whom he had married in 2010. - deceased estate should have delivered up possession of the property within three months of the death of Reverend Buckley. - Mr Yanga was not a tenant of the property but lived in the property at the invitation of Reverend Buckley who was the licensee. - HELD THAT the Judge was entirely right to make the order as Reverend Buckley lived in the house as a caretaker and that legal and beneficial ownership of the house remained with the Trustees. -
upon his death the house should have been vacated by Mr Yanga. - order of possession will be 9 June 2025.
Court of Appeal Keegan, LCJ 8 May 2025
PERSONAL INJURIES
David Finegan v Margaret McDonald
Plaintiff was the driver of a motor vehicle when he was struck by another motor vehicle being driven by the defendant in 2019 - plaintiff was restrained by seatbelt, airbag detonated and car filled with smoke. - able to force the driver’s door and leave the vehicle. - defendant admitted negligence. - plaintiff seeks damages for personal injuries, psychiatric injury and loss of earnings. - soft tissue physical injuries with no long term effect. - psychiatric injuries. - at time of accident plaintiff ran his own consultancy business. - following accident he had difficulty sleeping and had low mood, as well as difficulty concentrating. - PTSD . - accident had triggered memories from his previous career in the PSNI and UDR. - whether plaintiff took time off work as a result.whether financial compensation was driving the claim rather than genuine psychiatric injury.whether injury had been grossly exaggerated in a PIPS payment application. - overwhelmed by financial insecurity. - inability to work. - conflicting psychiatric reports. - prior to accident plaintiff had been considering a new business model and provided court with projected losses due to his inability to pursue the business. - loss of earnings - HELD THAT an award of £72,500 for general damages and £67,500 special damages for loss of earnings.
Kings Bench Division Colton, J 28 February 2025
PLANNING
Gordon Duff v Causeway Coast and Glens Borough Council and Alex McDonald
Application by Mr Gordon Duff (appellant) to appeal orders by Mr Justice Scoffield. - Judge found that the appellant did not have sufficient interest in the subject matter of the proceedings for leave to be granted. - appellant had genuine environmental concerns regarding the development in the countryside. - appellant did not live nearby or was not affected by the development personally. - HELD THAT the Judge’s discretion was wrong as he failed to take into consideration that the Council had invited the appellant to apply to have the decision quashed, failed to consider the impact on good administration and proper application of the planning policies, did not weigh the appellant’s interest and participation in the planning process and was inconsistent with his analysis of systematic issues highlighted by previous judicial reviews. - Appeal allowed. - planning permission is quashed and costs of £5000 plus VAT granted to the appellant. Court of Appeal
Keegan, LCJ 6 February 2025
SENTENCING
R v Sean Anderson and Gary Anderson
Application for leave to appeal sentences imposed following convictions for murder.applicants had pleaded not guilty to a single count of murder in 2019 and in May 2022 applicants pleaded guilty to the lesser offence of manslaughter. - both were sentenced to life imprisonment for murder with Gary Anderson’s minimum term fixed to 15 years and Sean Anderson to 17 years. -
applicants who are brothers had invited friends to their home when two men entered their home and both brothers were subjected to an attack. - the men were chased up the street by a group including the applicants. - evidence that one of the applicants had a knife. - attack was in revenge for what had occurred in the house resulting in the stabbing and death of one of the men. - subjected to a sustained attack. -consideration of R v McCandless and others [2004] NICA 1 and R v Whitla in selecting a starting point for sentencing. - HELD THAT appeal against sentence is dismissed. - trial Judge was not wrong in principle or manifestly excessive. Court of Appeal
Keegan, LCJ 4 April 2025
R v Amanda Fulton and Christopher Fulton Defendants had been convicted after trial of grievous bodily harm with intent, wilful neglect, cruelty to a child and causing or allowing a child to suffer physical harm. - defendants were parents of P who had suffered a traumatic brain injury whilst in their care caused by pulling, twisting or violent shaking of P. - as a result of the brain injury, P had been left with severe dystonic cerebral palsy affecting all four limbs.-, visual impairment, intellectual disability, epilepsy, unable to eat or swallow and a life limiting condition. - Amanda Fulton was present when P was subjected to inappropriate physical conduct by Christopher Fulton but made no attempts to remove the baby from harm. - no remorse had been demonstrated by either defendant. - victim statement of foster mother. – pre- sentence reports. - dangerousness.HELD THAT Amanda Fulton is sentenced to four years’ imprisonment (two years custody, two years licence) for causing or allowing a child to suffer physical harm and four
years’ imprisonment (two years custody, two years licence) for cruelty to a child. - Christopher Fulton is sentenced to an extended custodial sentence of 22 years’ imprisonment with an extended licence period of five years as well as seven years imprisonment, 3.5 years custody, 3.5 years licence for cruelty to a child by way of wilful neglect and a further seven years imprisonment, 3.5 years custody, 3.5 years licence to run concurrently.- restraining order also imposed on both defendants.
Crown Court Irvine, HHJ KC 4 April 2025
R v Julie Ann McIlwaine
Sentencing remarks. - defendant unanimously convicted by a jury of the murder of her partner, James Crossley on 1 March 2022. - sentenced to life imprisonment for murder. - minimum period of time to serve in prison. - consideration of victim statements of family circle. - defendant and deceased were in a relationship over a period of two years.relationship characterised by significant domestic violence and abuse on the defendant by the deceased. - couple had a young child together and defendant has three other children.relationship characterised by violent arguments followed by a break up and then getting back together again. - at the time of the murder the deceased was staying with the defendant in secrecy. - defendant feared she would lose her children if social services became aware of the relationship. - on the night of the murder the couple had been drinking and the deceased had taken sleep medication.defendant had suicidal thoughts, had stabbed the deceased and then phoned the police. - evidence from psychiatrists considered. - acute stress reaction and exhibiting features of PTSD. - R v McCandless. -
relationship with deceased was toxic and there was prolonged coercive control and abusive behaviours. - no evidence of premeditation. - aggravating and mitigating factors. - multiple stabbings of a vulnerable victim.evidence of remorse. - HELD THAT defendant remains subject to a sentence of life imprisonment but can be considered for release in 12 years.
Crown Court
Kinney, J 20 May 2025
TORTS
Brigid Moss and Chief Constable of the Police Service of Northern Ireland, Ministry of Defence and the Attorney General for England and Wales and between Brigid Moss and the Foreign, Commonwealth and Development Office and the Home Office
Whether tort of deceit can be applied to the Troubles.Plaintiff is the widow of Edward Kane. - in 1971 Mr Kane was a patron in McGurk’s Bar when an explosion occurred which killed fifteen people including Mr Kane. - tort of deceit. - whether there was a unit entitled the “Information Research Department” IRD operating in Northern Ireland which placed anti-IRA material in the press.whether defendants knew the information in the public domain was false. - whether plaintiff’s claims have been brought in time. - whether or not the plaintiff had performed any act in reliance upon the defendant’s representations. - Derry v Peek (1889) 14 APP Cas 337. - HELD THAT the attempt to shoehorn the facts of the case into the framework of the tort of deceit must fail. - there is no proper basis for this action to proceed.case dismissed.
Kings Bench Division Master Bell 24 March 2025
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