Ashers family talk to lawyers over appeal options

The family behind Ashers Baking Co is continuing to consult with lawyers about what options remain open to them after the Belfast Court of Appeal upheld a previous court ruling against them.
By The Newsroom
Published 10th Nov 2016, 16:52 BST
Updated 16th Nov 2016, 16:20 BST
PACEMAKER BELFAST 24/10/2016 Daniel McArthur (director of Ashers Bakery) with wife Amy, outside Belfast High Court court this morning.The Christian owners of a Northern Ireland bakery have lost their appeal against a ruling that their refusal to make a "gay cake" was discriminatory. Appeal court judges said that, under law, the bakers were not allowed to provide a service only to people who agreed with their religious beliefs.Two years ago, the family-run firm refused to make a cake saying: "Support Gay Marriage". Photo Stephen David/Pacemaker PressPACEMAKER BELFAST 24/10/2016 Daniel McArthur (director of Ashers Bakery) with wife Amy, outside Belfast High Court court this morning.The Christian owners of a Northern Ireland bakery have lost their appeal against a ruling that their refusal to make a "gay cake" was discriminatory. Appeal court judges said that, under law, the bakers were not allowed to provide a service only to people who agreed with their religious beliefs.Two years ago, the family-run firm refused to make a cake saying: "Support Gay Marriage". Photo Stephen David/Pacemaker Press
PACEMAKER BELFAST 24/10/2016 Daniel McArthur (director of Ashers Bakery) with wife Amy, outside Belfast High Court court this morning.The Christian owners of a Northern Ireland bakery have lost their appeal against a ruling that their refusal to make a "gay cake" was discriminatory. Appeal court judges said that, under law, the bakers were not allowed to provide a service only to people who agreed with their religious beliefs.Two years ago, the family-run firm refused to make a cake saying: "Support Gay Marriage". Photo Stephen David/Pacemaker Press

Their lawyers have written to the Court of Appeal asking them to confirm that no direct route of appeal to the Supreme Court is available.

This is a necessary procedure to preserve the possibility of any future appeal to the European Court of Human Rights in Strasbourg. No decision has been made by the family in relation to that option.

Hide Ad
Hide Ad

The letter, from Belfast-based instructing solicitors Hewitt & Gilpin, outlines their understanding “that there is no further appeal to the Supreme Court open to them”.

Simon Calvert, spokesman for The Christian Institute, which has backed the McArthur family who own Ashers, said:

“Under the complex rules regarding appeals in civil cases, such as the Ashers case, the Court of Appeal decision seems to be final, according to the terms of the Judicature Act 1978.”

In their letter to the Court of Appeal, the solicitors state: “It seems to us … the Judicature Act … does not permit a further appeal by the appellants to the United Kingdom Supreme Court in this case.”

Hide Ad
Hide Ad

But it continues: “In view of the complexity of these issues, however, and the wider public importance which this case clearly has, and in order to make clear that the appellants [Ashers] have exhausted their domestic remedies … we respectfully invite the Court of Appeal to consider giving a short ruling on the question of whether appeal to the United Kingdom Supreme Court is available in this case.”

While it may be the Supreme Court route is not open to the company, Ashers would still have another possible appeal route outwith the UK legal system by going directly to the European Court of Human Rights in Strasbourg in the hope of having their case heard there.

In addition, the Attorney General, who intervened in the case at the Court of Appeal retains his own right to refer the Ashers case to the Supreme Court on the devolution issues.

The parties have made written submissions regarding the legal costs. The Equality Commission for Northern Ireland, which took the case against Ashers, want the McArthur family to pay the costs of the legal proceedings. It is possible there may be a brief hearing in the next few weeks to deal with such administrative matters.

Related topics:Supreme Court