A compensation case taken by Troubles victims against the Provisional Irish Republican Army (PIRA) has been thrown out, but legal action against former Sinn Féin president Gerry Adams will proceed, a High Court judge in London has ruled.
Three men injured in bombs in England over a 23-year period, including the Old Bailey attack in London in 1973, lodged a civil case against Mr Adams in May 2022, alleging he was a “leading member of the PIRA at all material times, including membership of its Army Council” and “acted together with others in furtherance of a common design to bomb the British mainland”.
John Clark, a victim of the Old Bailey bomb; Jonathan Ganesh, a 1996 London Docklands bombing victim; and Barry Laycock, a victim of the 1996 Arndale shopping centre bombing in Manchester, sought compensation for a “nominal” £1 for “vindicatory purposes”.
The men alleged Mr Adams was “directly responsible in his various roles within the second defendant organisation and particularly in the army council for the decisions made to place bombs on the British mainland in 1973 and 1996″.
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The former Sinn Féin leader has always denied any such membership or role.
In what may be one of the last Troubles-related cases to come before the courts due to the UK government’s controversial Legacy Act which will end criminal and civil proceedings linked to the 30-year conflict, Mr Justice Soole ruled on Friday that the legal action against the PIRA must be “struck out” because “it is not a legal entity and therefore cannot be sued in its own name”.
A further claim lodged by the victims to sue Mr Adams “in a representative capacity” of the PIRA was also thrown out by the High Court in London.
However, Mr Justice Soole found that the case against him “in a personal capacity” will continue.
He also ruled that the three victims will have their legal costs protected after Mr Adams tried to make them liable for his costs, estimated to be more than £120,000.
The three men – who are using crowdfunding to bring their case – said they interpreted this as an attempt to make them withdraw their claims due to the potential financial burden.
In a statement, the victims’ solicitor described the outcome an “unequivocal victory for all victims and survivors of IRA terrorism”.
Matthew Jury, managing partner at McCue Jury & Partners, said the case represented the “last chance” for justice following the passing of the UK government’s Legacy Bill last year.
Reacting to the ruling, Mr Adams’ solicitor said it is “significant though not surprising” that the judgment “struck out the claim against the IRA and against Mr Adams in a representative capacity”.
“The legal application we took has succeeded on all elements save the issue of costs which will be heard next week in court,” Seamus Collins said.
“Mr Adams will discuss all of these matters with his legal representatives.”
In Friday’s ruling, the judge said he appreciated the difficulties which the “secretive nature” of the PIRA posed for the victims in pursuing their claim.
“As the claimants accept, the question of whether Mr Adams was at the material times a member of the PIRA and/or of its Army Council and/or one of its ‘leaders’ is a question of fact that can only be determined at full trial,” he said.
At previous hearing in November, the head of Mr Adams’ legal team, Richard Hermer KC, said the case was “unusual” and told the court the PIRA was an “unincorporated association” which was “incapable in law of being sued”.
Mr Hermer said nothing he said on behalf of Mr Adams was intended to “deny or minimise” the victims’ experiences or suffering.
He did not argue entire claims against Mr Adams should be struck out – only “representative” aspects of claims.
Anne Stud KC, legal representative for the victims, said at the previous court hearing that the case raises “important issues on access to justice” where claimants allege the “most heinous wrongdoing by an individual who they allege was a member of an organisation responsible for significant injury through terrorist means”.
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