Claire Edgar presents Law Society talk on Courts response to Domestic Abuse

01 March 2024

 

On 15th February 2024, our Family Law Partner Claire Edgar presented a talk to the Law Society of Northern Ireland on the Civil and Criminal Court’s response to Domestic Abuse.

In her presentation, Claire provided an overview of the developments in NI law relating to the civil protections available for domestic abuse victims under the Family Homes and Domestic Violence (NI) Order 1998.  Claire also provided a case analysis of some recent judgements impacting on the law, to include the recent Court of Appeal case of Sinclair and Sinclair [2023] NIFam 18 and also four important Judicial Review judgments in this area namely:-

  • JR118 No [2020] NIQB 54 which related to the issue of extending Non Molestation Orders.
  • In the matter of an Application for Judicial Review by 'JR131' [2021] NIQB 74 which addressed the issue of adjourning Non Molestation Orders pending criminal trial.
  • In the matter of an Application by Ashleigh McDade for Judicial Review 2022 NIKB 14 which dealt with ex parte appeals of Non Molestation Orders
  • In the matter of an Application by JR231 for Judicial Review [2023] NIKB 18 which provided clarity around the legal test for Non Molestation Order applications

Claire commented:

“I was delighted to be asked by the Law Society to present a talk on Court’s response to domestic abuse and in particular to highlight the recent case law that has contributed to the protections afforded to victims of domestic abuse today.  These judgements along with the introduction of special measures in the Domestic Court show that despite the global pandemic and several periods of national lockdown over the last 4 years, efforts have been made by lawyers, the judiciary and legislature alike to challenge and progress the civil law surrounding domestic abuse in Northern Ireland.   As a family practitioner, I have welcomed the case law developments and the clarity they have brought at a time when protection seems to have been most needed.”

 

For advice and assistance on any matter relating to domestic abuse, contact Claire on cedgar@fhanna.co.uk or call 028 9024 3901