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HHD Solicitors have been instructed in a number of money warrant claims, several of which are now reaching settlement.
Proceedings were issued by HHD on behalf of approximately 60 clients in or around 2017 in respect of historic claims of unlawful imprisonment.
These cases arose after individuals were unable to pay court fines imposed in the Magistrates’ Court. Warrants of commitment were then issued, leading to their arrest. Our clients were taken from the police station directly to prison, without being given the opportunity to appear before a Judge. Some were imprisoned on multiple occasions, each time for up to seven days.
In the case of Paul Magennis v Northern Ireland Courts and Tribunal Service [2022] NIQB 6, the Court ruled that the automatic issuing of warrants without judicial oversight breached Articles 5 and 6 of the European Convention on Human Rights (ECHR). Although the claims were filed outside the usual one-year limitation period under the Human Rights Act, the Court exercised its discretion to extend time.
Our Eimear O’Donoghue continues to pursue further claims against the Northern Ireland Courts and Tribunal Service to secure compensation for affected clients.