Case Studies:

High Court rules human rights breach for Prisoner
September 19, 2024

Human Rights Breach

A sentenced prisoner in Maghaberry Prison, Mr Robert Clarke, has had his Article 14 and Article 8 rights breached, the High Court has ruled. Mr Clarke instructed his solicitor, Mr Ruaidhrí Currie, to initiate judicial review proceedings against the South Eastern and Social Care Trust, the public body with responsibility for the provision of healthcare to the prison population in this jurisdiction. Mr Clarke challenged the failure of the Respondent to provide him with appropriate healthcare treatment for his addiction issues, specifically in relation to assessment for opiate substitution therapy. 


Mr Justice McAlinden found that Article 8 of the European Convention of Human Rights (‘ECHR’), right to private life, was clearly engaged in the Applicant’s case in respect of his physical and psychological integrity. Further, it was established that the Trust were also in breach of Article 14 ECHR his right not to be discriminated against as a prisoner.


The High Court stated that the Applicant was entitled to a declaration due to the differential treatment provided to the prisoner, seeking to be assessed for the OST suitability against the commencement of treatment for a patient in the community.


It was established that the Respondent Trust had therefore unlawfully discriminated against the Applicant in breach of Article 14 of the Convention, when read together with Article 8 of the Convention.


Mr Donal Sayers KC and Mr Michael Halleron BL were instructed in the matter.


A full record of the judgement is available here.

SHARE

By KIERAN MCNICHOLL • November 4, 2026
We are pleased to have secured more than £40,000 in compensation for our young client, who was bitten by a dog whilst playing football outside his home. The dog was being walked without a lead and attacked without warning, leaving our client with a permanent scar on his hand. Jack Dowling dealt with this matter. We obtained medical evidence to assess the injury and its long-term effects before negotiating compensation. The claim was covered by the dog owner’s pet insurance, which met the compensation payment and legal costs. If you or your child has been injured by a dog, seeking legal advice early can help establish who is responsible, whether insurance cover is available and what evidence is needed to pursue a claim. Contact our team to discuss how we can help.
By KIERAN MCNICHOLL • November 2, 2026
We secured £40,000 in compensation for our client, a healthcare worker, following a road traffic accident in 2024. Our client was driving home from work when an HGV collided with the rear of her vehicle. She suffered whiplash injuries, which resolved within a number of months, alongside a significant wrist injury sustained while gripping the steering wheel during the collision. We obtained reports from a range of medical experts to assess her injuries and support her claim. Court proceedings were issued, and a settlement of £40,000 was agreed shortly afterwards. Our client was delighted to settle her claim pre-court. Jack Dowling was instructed.
By KIERAN MCNICHOLL • September 25, 2026
We are pleased to have secured £60,000 in compensation for a client who suffered a significant injury after slipping on a manhole cover. The Defendant, the owner of the manhole cover, denied liability, and the case was listed for trial. We obtained a report from an expert engineer, who concluded that the cover’s material and surface texture did not provide sufficient slip resistance for a public walkway. The claim settled the day before trial.
By KIERAN MCNICHOLL • June 11, 2026
£210,000 Settlement Secured Following Road Traffic Collision
By KIERAN MCNICHOLL • May 20, 2026
Interim Payment Awarded
By KIERAN MCNICHOLL • April 9, 2026
£80,000 Awarded on Appeal
By KIERAN MCNICHOLL • February 24, 2026
Medical Negligence Claim Settles for £875,000
By KIERAN MCNICHOLL • February 11, 2026
£27,500 damages for mother and daughter
By KIERAN MCNICHOLL • February 3, 2026
Driver convicted of driving under the influence causes injury
By KIERAN MCNICHOLL • January 26, 2026
£15,000 for brother and sister injured in road traffic collision