The High Court has adjourned four legacy inquest cases until the Supreme Court delivers its judgment in Re Brown, a case that will address when the state must establish a public inquiry into Troubles-related deaths.

The applications, brought by Raymond McCord, Bernadette McKearney, Anthony Fox and Linda Hewitt, seek orders compelling the Secretary of State for Northern Ireland to establish public inquiries into the deaths of their relatives. The cases have been case managed together since February 2026.

The Secretary of State wrote to the court on 2 October 2026 stating that he would defer a decision on how to proceed in the McCord and Hewitt cases until after the Supreme Court ruling in Re Brown. That appeal is scheduled for hearing on 27 October 2026. The Secretary of State argued that Re Brown would clarify when a legal obligation to establish a public inquiry arises and whether exceptional features of a case might trigger such an obligation despite the availability of an investigation by the Independent Commission for Reconciliation and Information Recovery (ICRIR).

The applicants in Fox and McKearney did not object to an adjournment. McCord and Hewitt, however, urged the court to grant leave and progress their cases, citing ongoing delay and the Secretary of State's failure to make a decision when afforded the opportunity. They also confirmed they would not refer their cases to ICRIR.

In his ruling, Mr Justice McLaughlin acknowledged the delay was regrettable but said the reasons were intertwined with appellate litigation in Re Brown. He said the Supreme Court's decision would likely be relevant to whether a court may compel a public inquiry and what factors indicate such an obligation. He noted that delay alone does not establish a breach of Article 2 of the European Convention on Human Rights; the delay must be culpable or unjustified. He said awaiting appellate litigation may be justifiable, citing Jordan v PSNI [2021] NI 149.

The judge said progressing two cases while pausing the others would risk duplication of resources and that the issues could change significantly after Re Brown, potentially avoiding litigation altogether. He therefore adjourned all four cases until the conclusion of Re Brown, with liberty to apply if circumstances change.

The cases are part of a wider legal landscape shaped by the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which halted many inquests. The Supreme Court's decision in Re Dillon [2026] UKSC 15, handed down in May 2026, held that ICRIR could provide an Article 2 compliant investigation, an option not previously available.