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Dan Brennan, QC, of Matrix Chambers, led the team that acted for 12 of the victims’ families of the Omagh bombing in 1998 that resulted in 29 deaths. The High Court, in a landmark civil case, ruled that four Real IRA members were liable for the attack and awarded £1.6 million in damages.
What were the main challenges in this case and possible implications?
The Omagh bombing was the worst atrocity of the Troubles. The bereaved families emerged from it with a remarkable strength of purpose. Their determination to pursue their civil claim to the end has led to a unique legal decision. Justice has been seen to be done in a remarkable way.
It was tough going. It ranged from acquiring evidence from the Police Service of Northern Ireland, the Irish police, the FBI and the British Security Services, to comparing bomb techniques from Omagh and other incidents, and even using European legislation to allow the Northern Ireland judge to take evidence in the Irish Republic. The legal landscape has been changed. Whether it be civil claims from 7/7 here or from the Mumbai attack terrorists, their organisations can now be sued, found liable and made to pay. This is a new dimension of justice — the common man using the law and the courts to win against the terrorist.
What was your worst day as a lawyer?
As a pupil barrister turning up at Bolton Magistrates’ Court in Lancashire when the case was in Buxton Magistrates’ Court in Derbyshire — and without a car!
What is your most memorable experience as a lawyer?
Success in the House of Lords in Lubbe v Cape in 2000 because it reflects the reach of the law. South African workers injured by asbestos exposure sued Cape, the parent company in England. The decision on forum allowed the claim to proceed here. The settlement led to a trust fund being set up to pay compensation for about 7,500 workers.
Who has been the most influential person in your life and why?
My wife for a lifetime of loving support in a career that is so demanding of commitment. In the law, the great advocates of my time on the Northern Circuit — Patrick Russell for the art of understatement; Christopher Rose for the powerful and short cross examination; George Carman for captivating a jury; and Mick Maguire for courage under fire.
Why did you become a lawyer?
I think I was born to be a barrister.
What would your advice be to anyone wanting a career in the law?
Do it, but have a life outside the law otherwise a process of legal fossilisation will be your fate.
If you had not become a lawyer, what would you have chosen?
Public service of some kind. In life “we” is more important than “me”.
Where do you see yourself in ten years?
Recalling Adlai Stevenson: “It is not the years in your life but the life in your years that count.”
l_tsang@hotmail.co.uk
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