Constitutional Litigation
Brexit Article 50 Judicial Review (2016–2017): Ciarán successfully acted for Mr McCord in Agnew & McCord v UK Government, contributing to the constitutional judgment in R (Miller) v Secretary of State for Exiting the EU [2017] UKSC 5, establishing that only Parliament could trigger Article 50.
Prorogation Case ‘Brexit No.2’ (2019): Successfully represented McCord in
litigation challenge over Parliament’s suspension, feeding into the Miller/Cherry
[2019] UKSC 41 judgment that deemed prorogation unlawful.
Northern Ireland Protocol Challenge (2021–2023): Represented Mr Peeples in
challenging the lawfulness of the Northern Ireland Protocol, arguing conflicts with the
Act of Union and constitutional statute. The case was heard in the UK Supreme
Court. The court ruled that the Protocol, while in conflict with the Act of Union, was
lawfully enacted under the European Union (Withdrawal Agreement) Act 2020.
“Border Poll” Case (Raymond McCord v The Secretary of State for Northern
Ireland [2020] NIQB 20): Ciarán was the instructing solicitor in this landmark
constitutional challenge concerning the criteria for triggering a referendum on Irish
reunification. The case produced significant rulings from both Sir Paul Girvan in the
High Court and the Northern Ireland Court of Appeal.
JR181(3) [2022] NIKB 34 He successfully litigated this high-profile Brexit-related
case. The case centred on the decision of then-Minister Edwin Poots MLA, who
instructed officials to halt checks on goods entering Northern Ireland from Great
Britain. The challenge raised critical questions about ministerial authority, the
implementation of the Northern Ireland Protocol, and the constitutional relationship
between devolved institutions and the UK government.
Following the successful judgment, Ciarán O’Hare was widely quoted in the media.
Speaking to the BBC, he described the ruling as a “resounding vindication of the rule
of law”, emphasising that “no minister, regardless of political stance, is above the
law”. He also told The Irish Times that the decision was “of profound constitutional
importance, not just for Northern Ireland, but for the functioning of the UK’s devolved
governments”.
These high-profile constitutional cases reflect Ciarán’s deep engagement with
complex constitutional and public law issues and his ongoing commitment to holding
public authorities to account through strategic litigation.
Public Law & Human Rights-Based Litigation
Conal Morgan – Child Compensation Judicial Review: Extant challenge against
the legal framework permitting minor settlements without Court approval in the case
of an injured child. The case highlights concerns that settlements made without legal
proceedings may inadequately compensate young claimants or not serve their long-
term best interests. This issue was originally flagged in the 2017 Gillen Review of
Civil Justice, which recommended legislative reform to require judicial oversight for
all minor settlements.
Hospital Waiting List Judicial Review Cases (2021–2023): Led Northern Ireland’s
first judicial review contesting systemic delays in hospital waiting times, representing
Eileen Wilson and May Kitchen. These proceedings challenged Northern Ireland’s
chronic hospital waiting lists and brought national attention to the human impact of
systemic healthcare delays.
The Court of Appeal, upheld the ruling of the High Court, finding that while the cases
raised profound issues, the courts could not override political and budgetary
discretion in health care delivery.
Despite the legal outcome, these were the first cases of their kind in Northern
Ireland, directly challenging failures in healthcare delivery under human rights law.
They were of significant public importance, as they exposed the lived consequences
of delays in treatment and prompted widespread public debate about the condition of
the National Health Service in Northern Ireland. The cases highlighted not only legal
arguments but also the stark realities facing thousands on long waiting lists.
Dr Michael Watt Fitness-to-Practise Proceedings: Successfully represented an
affected patient in judicial review litigation regarding one of NI’s most controversial
medical regulation cases. This judicial review was notable for its challenge to the
decisions of the Medical Practitioners’ Tribunal Service—an appeal mechanism of
the GMC—on grounds that engaged professional disciplinary oversight and
standards. The acknowledgment by the court that the case raised “serious and novel
issues” highlighted both its legal complexity and the potential for significant
implications in medical regulation and oversight.
European Heavy Metal Band Member: Adding to the breadth of his practice,
Ciarán represented a member of a well-known European heavy metal band in a
complex legal matter. His work in that case culminated in an unexpected honour—he
was invited as a special guest to one of their concerts in Düsseldorf in 2024,
reflecting the deep respect and appreciation shown by his international client.
Environmental, Planning & Heritage Advocacy
Boyne Bridge Dispute – Representation of Ulster Architectural Heritage Society:
Represented the Ulster Architectural Heritage Society (UAHS) in high-profile
planning litigation challenging the demolition and dismantling of the Boyne Bridge in
Belfast. Secured interim injunction proceedings and obtained media coverage across
Belfast Telegraph, Newsletter, and Irish News. Though the legal challenge was
ultimately dismissed, it led to changes in planning documentation and heightened
public awareness.
A5 Western Transport Corridor Judicial Review (2025)
Acts on behalf of landowners and the Alternative A5 Alliance in a major planning
challenge against the £1.2 billion A5 dual carriageway. The High Court (McAlinden J,
June 2025) quashed the Department of Infrastructure’s decision, holding it breached
section 52 of the NI Climate Change Act 2022, Environmental Impact Assessment
obligations and human rights.
Ciarán was publicly quoted by BBC News, stating:
“Northern Ireland is already one of the most nature depleted countries in the world…
To literally bulldoze nature and permanently scar the land would be unethical and a
cause for great regret”.
Amy Sheridan Climate Change Case (2024–2025): Achieved a landmark
declaratory order under the Climate Change (Northern Ireland) Act 2022,
representing Amy Sheridan in judicial review against DAERA and The Executive
Office for statutory failures.
Personal Injury & Catastrophic Injury Litigation
Achieved multiple settlements in excess of £1 million, including catastrophic injury
claims. Secured a residential property worth over £1 million for a severely disabled
child as part of a tailored compensatory package. Known for effective litigation in
medical negligence, brain injury, and lifetime care claims in NI courts.
Media & Public Engagement
Ciarán is regularly quoted by Belfast Telegraph, Irish News, Irish Legal News, BBC
NI, Irish Times, and ITV, highlighting key public-interest litigation and advocating for
transparency, rights, and systemic change.