11/05/2026

Successful intervention for veterans in the UK Supreme Court

Andrew Dinsmore, led by Lord Wolfson KC of One Essex Court, intervened in the UK Supreme Court in Re Dillon [2026] UKSC 15 on behalf of the Northern Ireland Veterans Movement.

Andrew addressed the UKSC orally on the EU Victims’ Rights Directive to argue that Troubles-related immunities from prosecution for combatants of the Troubles, as contained in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (the 2023 Act), are not in breach of the Victims’ Directive and are compatible with the European Convention of Human Rights, such that they do not breach article 2 of the Windsor Framework Agreement (WFA) and thus could not be disapplied.

The UKSC agreed that there was no breach of the Directive, contrary to the conclusions of the Northern Ireland High Court and Court of Appeal.

The UKSC also agreed with the Secretary of State for Northern Ireland (SoSNI) that a breach of the ECHR, or the Charter for Fundamental Rights (which is an EU law instrument that broadly reflects the ECHR), was not a breach of article 2 of the WFA to justify disapplication.

As a result, the UKSC held that the immunities could not be disapplied under the WFA and the order of the Court of Appeal is to be set aside.

As to the ECHR compatibility, the UKSC held that

• the fact that the SoSNI had not appealed those aspects meant that they were not willing to overturn the Court of Appeal’s conclusions; but
• in any event, there was not a clear exception for reconciliation to the positive duties under articles 2 and 3 of the ECHR such that the immunities breached those articles.

As a result, the Court of Appeal’s declarations of incompatibility stand and it is for the Government as to whether they now pursue their remedial order to strike through those aspects of the 2023 Act.

Andrew was instructed by Astraea Group for The Northern Ireland Veterans Movement.