Ballyclare Developments Limited's Application
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Judgment Date | 16 October 2023 |
| Neutral Citation | [2023] NIKB 101 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 101
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McB12282
ICOS No: 23/52806/01
Delivered: 16/10/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY
BALLYCLARE DEVELOPMENTS LIMITED
AND IN THE MATTER OF A DECISION BY NORTHERN IRELAND
WATER LIMITED
___________
Mr S Shaw KC with Mr Brown (instructed by MacCorkell Legal & Commercial Ltd,
Solicitors) for the Applicant
Mr McGleenan KC with Mr Fletcher (instructed by Tughans LLP, Solicitors) for the
Proposed Respondent
___________
McBRIDE J
Introduction
[1] The applicant, Ballyclare Developments Ltd applied for leave to judicially
review a decision by Northern Ireland Water Limited (“NIW”) not to execute an
agreement (“Article 161 Agreement No. 2”) pursuant to the provisions of Article 161
of the Water and Sewerage Services (Northern Ireland) Order 2006 (“the 2006
Order”) - (“the impugned decision”).
[2] The applicant was represented by Mr Shaw KC and Mr Brown of counsel.
The NIW, the proposed respondent, was represented by Mr McGleenan KC and
Mr Fletcher of counsel. I am grateful to all counsel for their considered and focused
skeleton arguments and concise oral submissions.
Background
[3] As appears from the grounding affidavit of Eamonn Burns, Construction
Director of Neptune Group Ltd, sworn on 22 June 2023, Ballyclare Development Ltd
is a subsidiary of Neptune Group Ltd and is engaged in property development,
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