Litigation PSNI is defending or progressing

Date asked:
Committee:Performance committee
Question type:Written

To provide details of any upcoming litigation in the next three months that PSNI are either progressing or defending through the courts that may have public interest implications.

The Police Service of Northern Ireland has a very significant volume of litigation currently being dealt with in the courts and tribunals. The vast majority of this litigation could attract public interest for different reasons. However, most court and tribunal processes have slowed down significantly due to the COVID 19 pandemic and progress is expected to be limited in the next three months.

Legacy Inquests in the Lord Chief Justice’s Five year plan were due to commence in April 2020, but all quarter 1 and 2 cases have now been postponed with a further update from the Presiding Coroner Mr Justice Huddleston expected in September.

Legacy related litigation continues to be dealt with at reduced capacity although some class action cases are being considered for mediation in anticipation of resolution.

Employment litigation has been reduced as the Tribunal office is effectively closed until later in the year.  Whilst some evidence gathering processes are ongoing, no hearings are likely to be scheduled until at least October or November.

The Supreme Court hearing in the Agnew and others holiday pay case has been delayed due to the Covid 19 pandemic and is unlikely to be heard until later in the year.

The Legacy Investigation Judicial Reviews of McQuillan and McGuigan and McKenna are still at the Supreme Court stage and have also been delayed due to the pandemic.

A number of operational judicial reviews are currently at the court.  It is expected that within the next three months the judicial review against the legality of the Health Protection Regulations (leave has already been refused on the papers) will be heard.  The Police Federation have confirmed that they intend to apply for a judicial review with regard to the deployment of Spit and Bite Guards,

The litigation taken by two journalists concerning their arrest by Durham Constabulary is at an advanced stage and mediation has been offered by the Chief Constable in late March in order to resolve all outstanding matters. The pandemic prevented this from happening but it is anticipated that the formal mediation can commence as soon as dates can be agreed between the parties.”