header-logo header-logo

12 June 2026
Issue: 8165 / Categories: Legal News , Human rights , Public , Constitutional law
printer mail-detail

NLJ this week: Legacy Act ruling leaves rights and remedies apart

252167
© 2017 JMiks/Shutterstock
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised

Writing in NLJ this week, Andrew Otchie of 12 Old Square Chambers analyses the court’s ruling on the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

The judgment confirmed that investigations into alleged unlawful killings and torture must remain capable, at least in principle, of leading to criminal accountability. However, while the court found aspects of the statutory scheme incompatible with the European Convention on Human Rights, it stopped short of disapplying the legislation, issuing only a declaration of incompatibility.

Otchie argues that the decision reflects a constitutional balancing act between judicial oversight and parliamentary sovereignty. The result is a judgment that preserves demanding rights standards while limiting their immediate practical effect. As he notes, Dillon sits at the intersection of 'truth and accountability' and legislative control.

RELATED ARTICLES

MOVERS & SHAKERS

Freeths—Mark Price

Freeths—Mark Price

Freeths strengthens restructuring and insolvency team with partner appointment

DWF—Caroline Featherstone, Victoria Neil & Matt Lewsey

DWF—Caroline Featherstone, Victoria Neil & Matt Lewsey

DWF strengthens public inquiries team with trio of high-profile appointments

Excello Law—Claire-Elaine Arthurs, Rhian Horwill & Caroline Lamming-Chowen

Excello Law—Claire-Elaine Arthurs, Rhian Horwill & Caroline Lamming-Chowen

Three-lawyer team hire boosts Excello Law’s property litigation practice

NEWS
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
back-to-top-scroll