Three victims of IRA bombings in London and Manchester can sue Gerry Adams in a personal capacity for damages, a high court judge has ruled.
Mr Justice Soole ruled on Friday that the three victims cannot sue the IRA itself or the former Sinn Féin leader as a “representative” of the paramilitary group but that claims against him in a personal capacity would continue.
The judge also confirmed that the victims would have legal costs protection.
John Clark is a victim of the 1973 Old Bailey bombing in London, Jonathan Ganesh of the 1996 London Docklands bombing and Barry Laycock of the 1996 Arndale shopping centre bombing in Manchester. They lodged a civil claim last year for £1 nominal damages, alleging Adams “acted with others in furtherance of a common design to bomb the British mainland”, and was “directly responsible” in various roles within the IRA for decisions to plant the bombs.
Adams, who denies ever being a leader or member of the IRA, asked the Royal Courts of Justice to throw out the case against the IRA and against him as a representative of the group. His barrister, Richard Hermer KC, had argued that the IRA was “incapable in law of being sued” and that the “representative” aspects of claims should be struck out.
Soole agreed and struck out the legal action against the IRA, saying that as “an unincorporated association” and “not a legal entity” it could not be sued. He also ruled that the victims could not sue Adams as a “representative” of the IRA because the allegation that he was a leader of the organisation would have to be determined at a trial.
However, he gave the green light for further legal action against Adams: “The claim against him in a personal capacity continues.” The judge also rejected an attempt by Adams to remove the victims’ legal costs protection.
Matthew Jury, a solicitor for the bombing victims, welcomed the ruling. “Adams and his legal team’s apparent attempt to intimidate them into withdrawing their claims has rightly failed and their case will continue.”
Jury said the case was the “last chance” to bring Adams and the IRA to justice because the government’s so-called legacy law had restricted further Troubles-related prosecutions and civil proceedings.