Introduction to Law in Northern Ireland

Northern Ireland is the smallest of the four main jurisdictions within Great Britain and Ireland. With a population of just 1.7 million it has its own court structure up to Court of Appeal level with further appeals or references in certain areas to the House of Lords or the European Courts.

The High Court deals with most civil claims over £15,000 in value, judicial review and most applications for emergency civil relief. It operates under Supreme Court Rules which do not incorporate the Civil Procedure Reforms in England and Wales. These rules differ significantly from the pre-CPR rules.

The County Court deals with most civil claims under £15,000, with fixed scales for legal costs.

Employment and discrimination law cases involving employment are heard in the Industrial Tribunals or the Fair Employment Tribunal. Discrimination cases bearing on the provision of goods and services are heard in the County Court.

The law of Northern Ireland is common law based and so has marked similarities with the law of England and Wales or Ireland. There are, however, large areas where the law is distinct and others where there are broad similarities but differences on points of detail.

These differences often emerge from the chequered legislative history of Northern Ireland-:

  1. The Government of Ireland down to 1800,
  2. Legislation from Westminster (with certain specific Irish legislation) from 1800 to 1921,
  3. The Government of Northern Ireland, legislating from 1921 to 1972, save for 'reserved matters' where sole legislative competence remained with Westminster,
  4. Legislation from Westminster by Order in Council since 1972 - "direct rule",
  5. Short periods of legislation by the Northern Ireland Assembly pursuant to the Northern Ireland Act 1998.
  6. The restoration of the Northern Ireland Assembly under the Northern Ireland Act 2006.

In contrast, European Union legislation and, increasingly, the impact of the Human Rights Act excersise a harmonising effect across jurisdictions.

Also significant is the culture and spirit in which legal transactions and cases are conducted. The legal profession in Northern Ireland is small and solicitors tend to know each other, which is often of assistance. Personal and informal contacts are important.

Notwithstanding the undoubted negative impact of the civil discord in Northern Ireland, Belfast retains a strong business ethic, reflecting its commercial and industrial origins. With the reduction of politically motivated violence, following the Belfast Agreement, there has been increased inward investment from other parts of the United Kingdom, Ireland and Europe as well as outflows of indigenous capital.

One advantage of working in a small jurisdiction is that we are used to and welcome working with lawyers and clients in other jurisdictions. We have good informal links with a range of firms in other parts of the United Kingdom and Ireland, which we use to our clients advantage.