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Andrew Otchie considers a decision that sits at the centre of the legal afterlife of the Northern Ireland conflict
- Covers Supreme Court decision, Dillon [2026], concerning investigations and prosecutions relating to the Northern Ireland Troubles.
- Explores significance in relation to the Legacy Act, and wider issues of post-conflict accountability.
The Supreme Court’s decision in Dillon [2026] UKSC 15 is restrained in form but important in consequence. Its central message is clear. The UK remains bound by the investigative duties under Arts 2 and 3 of the European Convention on Human Rights (ECHR). Albeit domestic courts will not disapply primary legislation to enforce those duties without clear statutory authority. The domestic remedy was a declaration of incompatibility. That makes the case both orthodox and striking: the court recognises the rights in full yet limits their immediate domestic effect. Dillon is therefore not simply another Legacy Act case. It is a reminder that, in public law, the real contest often lies less in whether a right exists than in
