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The challenge

The Secretary of State for Northern Ireland sought to judicially review a decision of a Coroner, as to whether public-interest immunity barred the disclosure of documentation in an inquest.

The NIHRC was granted leave to intervene by way of written submissions before the UK Supreme Court. The NIHRC was not involved before the lower courts. 

Human rights engaged

The NIHRC’s submissions focused on the correct interpretation and application of Article 2 ECHR, as informed by international and national human rights obligations, principles, and case-law, within the particular circumstances of the legacy context and coronial law in Northern Ireland.

Access the ECHR here.

Outcome

The UK Supreme Court allowed the appeal of the NI Secretary of State and held that the balance of the public interest is against the disclosure of the gists by the Coroner. 

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