A Judicial Review taken by the families of victims killed or seriously injured during the Troubles has been determined by the High Court.

In delivering his Judgment, Mr Justice Colton noted that ‘there is no evidence that the granting of immunity under the 2023 Act will in any way contribute to reconciliation in Northern Ireland, indeed the evidence is to the contrary’.

Mr Justice Colton, the Senior Judicial Review Judge has made the following declarations in respect of the Act:

• The Immunity from prosecution provisions are incompatible with Articles 2 and 3 of the European Convention on Human Rights (“ECHR”) and Article 2 of the Windsor Framework (“WF”) and should therefore be disapplied;
• The retroactive applicability of Section 43(1) is incompatible with Article 6 ECHR and Article 2 of the WF and should therefore be disapplied (meaning that Troubles-related civil actions brought on or after 17 May 2022 may not be continued on or after 18 November 2023 and that no new Troubles-related civil claims may be brought after 18 November 2023);
• Section 8 of the 2023 Act (exclusion of evidence in civil proceedings) is incompatible with Articles 2 and 3 ECHR and Article 2 of the WF and should be disapplied;
• Sections 41 of the 2023 Act (prohibition of criminal enforcement action) is incompatible with Article 2 ECHR and Article 2 of the WF and should be disapplied;
• Sections 46 and 47 (interim custody orders) are incompatible with Article 6 and A1P1 of the ECHR.

HHD Solicitors acted on behalf of Wave Trauma Centre, an intervenor in the proceedings.

Mr Justice Colton, noted Wave’s contribution in his Judgment by stating Wave ‘has provided valuable insight into the perspective of victims and survivors to the proposals.’

Our Eimear O’Donoghue responds to the Decision:  ‘Mr Justice Colton’s thoughtful and well considered Judgment is welcomed. Wave and families of victims have been making representations regarding the legacy proposals since the publication of the Government’s Command Paper. We hope that through civil actions families can finally get the justice they have been looking for, for over 30 years’.

The full, 200-page Judgment is available at https://www.judiciaryni.uk/judicial-decisions/2024-nikb-11