Christopher Knight will be appearing in the Supreme Court on 14, 15 & 16 October 2025 in Secretary of State for Northern Ireland v Dillon & others UKSC/2025/0013, for the Secretary of State. The appeal arises in connection with a wide-ranging challenge to the provisions of the Northern Ireland Trouble (Legacy and Reconciliation) Act 2023 for incompatibility with various elements of EU law and Article 2 of the European Convention on Human Rights.
The appeal is the first opportunity the Supreme Court has had to consider the scope and interpretation of Article 2(1) of the Windsor Framework, formerly known as the Northern Ireland Protocol to the UK-EU Withdrawal Agreement. The issues are constitutionally significant given the role Article 2(1) gives to the rights, safeguards and equality of opportunity part of the Belfast Good Friday Agreement, and the consequent ability of the domestic courts to disapply primary legislation where it is found to diminish rights provided for in Northern Ireland by EU law prior to Brexit. A cross-appeal also raises issues about the application of the EU Charter of Fundamental Rights under Article 2(1).
The appeal also challenges conclusions of the Northern Ireland Court of Appeal that certain specific measures in the Legacy Act are incompatible with Article 2 ECHR, in particular the controls set out in the Act over disclosure to parties of national security information and the absence of legal aid for next of kin to participate in investigations carried out by the Independent Commission for Reconciliation & Information Recovery.
Christopher Knight is representing the Secretary of State for Northern Ireland, instructed by the Crown Solicitors Office, led by Tony McGleenan KC CBE and Sir James Eadie KC.
