Barrister Profile

Main Areas of Practice

Administrative Law or Judicial Review
Extradition
Personal Injury
Public Inquiries

Biography

Marie-Claire was called to the Bar of Northern Ireland in 2002. She has been a member of the GLSNI panel since 2012 (Panel “A” since 2017). She has represented private clients and Government bodies including the NIO, PSNI, MOD, PPS, NI Prison Service and many of the local Departments. She is also a member of the Coroners’ Panel of Counsel.

Marie-Claire is one of the leading advocates in extradition law in Northern Ireland regularly appearing on behalf of the Requesting State before the Divisional Court of Appeal and has acted in cases that have gone to the Supreme Court. She has a command of the EU Law and human rights elements involved in such applications.

Qualifications

2002-Present; Member of the Bar of Northern Ireland

2004-Present; Member of the Bar of Ireland

2012-Present; Member of the Government Legal Services Civil Panel

2016-Present; Member of the Coroners Panel of Counsel

2011;Qualified Mediator, QuEST Family & Matrimonial Mediation Course for Barristers

2007-2008; Chair of the Northern Ireland Young Bar Association

2011;International Academy of Trial Lawyers – Delegate, Ireland Programme

Member of the Personal Injuries Bar Association of Northern Ireland

Member of the Public Law Bar Association of Northern Ireland

Experience

List of significant cases of which Marie-Claire has had conduct over the last year:

Covid-19 Public Inquiry: Acting for the NI Covid-19 Bereaved Families for Justice, who are core participants. Involved review of voluminous documentation, advising on disclosure, consultation with witnesses, drafting directions, attendance at hearing and delivery of oral submissions.

Springhill Inquest:Acting for MOD in legacy inquest.

Kathleen Brankin Inquest: Acted for the Coroner in this inquest involving the protection of vulnerable women and girls from domestic violence.

Liam Magill Inquest: Acted for the Coroner in this inquest involving the impact of family proceedings orders and directions on the mental health of those involved.

Jonathan Bowe JR: Acted for the PSNI and PBNI in JR. Successfully argued that PSNI and PBNI were not the principal decision makers and were not therefore the correct Respondents to proceedings.

Mark Toal JR: Acted for the PBNI in JR. Successfully argued that there was no procedural unfairness in the PBNI’s actions or decision making.

JR247 JR: Acted for Secretary of State for the Home Department in respect of an asylum claim.Successfully established that the claimant was not a minor.

Kenneth Douglas JR: Acted for NIPS in an emergency JR seeking compassionate bail.

Lithuania v Diliunas: Acted for Lithuania in this extradition case before the County Court.Successfully argued that that the assurances offered by Lithuania were sufficient.

Netherlands v MK: Acted for Requesting State in these extradition proceedings before both the County Court and Divisional Court on Appeal. Successfully revoked MK’s bail and ensured his continued detention in custody despite 7 subsequent bail applications. Court ordered extradition. Upheld on appeal

Latvia v Maris Lustiks: Acted for Requesting State in these extradition proceedings in the County Court. Successfully secured Mr Lustik’s extradition after contested hearing.

WHSCT v B&A&K: Acted on behalf of the Trust in this High Court Children’s Order case against 3x Senior Counsel. Successfully had the Trust’s intervention approved by the Court. Supervision Order granted.

CC: Acted for the child instructed by the Guardian ad Litem in this High Court Children’s Order case representing a child who posed a risk to himself and to his family. Issues involving assessing complex needs of child and finding suitable long term care facility.

O’R v M: Acted for the non-biological mother in same-sex parenting relationship in this High Court Children’s Order case. Allegations of emotional abuse of the child at hands of both parents. Care Order had impact of removing non-biological parents’ legal rights, whereas biological parents’ rights remained intact. Successfully had Care Order proceedings withdrawn and client granted residence.

Tiarna McCartan v PSNI: Acted for PSNI defending use of force by the PSNI. Plaintiff’s claim was successfully dismissed on the grounds that the PSNI had deployed a reasonable use of force

Previous instructions have included:

Latvia v Ventis Kilgasts [2022] NIQB 60: Acted for Latvia in an appeal by RP against his extradition on ECHR Art 3 grounds. Extradition order was successfully upheld.

Muntean v Tribunalul Arad Romania [2022] NIQB 7: Acted for Romania in an appeal by the RP against his extradition. Case is now the lead Northern Ireland case on Romanian prison conditions.

Lithuania v Michailovas [2021] NIQB 60: Acted for Lithuania in this appeal by the RP against his extradition on ECHR Art 3 grounds. Case is now the lead authority on ECHR Article 3 assurances in respect of prison conditions in Lithuania.

Inquest into the Death of Mr L [2021] NICoroner 9: Acted for Coroner in death raising issues concerning arrangement for deceased’s contact with children managed by Family Proceedings Court.

Jankowski v Poland [2020] NI 355: Acted for Poland in an appeal by RP against his extradition on ECHR Art 8 grounds. Extradition order was successfully upheld.

A Health and Social Care Trust v Mother GH and another [2020] NICA 3: Acted without Senior Counsel before the Court of Appeal for father in appeal against fact finding decision of judge.

Murchu v PSNI [2019] NIQB 75: Acted for PSNI in a JR challenge to the lawfulness of PSNI’s stop and search powers under the Justice and Security (Northern Ireland) Act 2007, particularly in relation to children.

McKee’s Application for Leave [2018] NIQB 60: Acted for NIPS in a JR leave application for compassionate temporary release.Successfully had leave refused.

Kociolek v Poland [2017] NIQB 87: Acted for Poland in an appeal by RP against his extradition on ECHR Art 8 grounds. Extradition order was successfully upheld.

O’Connor v Greece [2017] NIQB 88: Acted for Greece in an appear by RP against his extradition on ECHR Art 3 grounds.

Re JK’s Application for Judicial Review [2017] NIQB 12: Acted for Home Office in JR challenge to prevent the Applicant’s removal.