Kevin Curley and The Chief Constable of the Police Service of NI and Superintendent Middlemiss

JurisdictionNorthern Ireland
JudgeCoghlin LJ
Judgment Date18 February 2009
Neutral Citation[2009] NICA 8
CourtCourt of Appeal (Northern Ireland)
Date18 February 2009
Year2009
1
Neutral Citation No: [2009] NICA 8 Ref:
COG7386
Judgment: approved by the Court for handing down Delivered:
18/02/09
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_______
APPEAL BY WAY OF CASE STATED FROM A DECISION OF THE FAIR
EMPLOYMENT TRIBUNAL IN ACCORDANCE WITH ARTICLE 90 OF
THE FAIR EMPLOYMENT AND TREATMENT (NORTHERN IRELAND)
ORDER 1998
AND
ORDER 61 OF THE RULES OF THE SUPREME COURT (NORTHERN
IRELAND) 1980
________
BETWEEN:
KEVIN CURLEY
Claimant/Respondent;
-and-
THE CHIEF CONSTABLE OF THE POLICE SERVICE
OF NORTHERN IRELAND
and
SUPERINTENDENT MIDDLEMISS
Respondents/Appellants.
________
Before: Higgins LJ, Girvan LJ and Coghlin LJ
________
COGHLIN LJ
[1] This is an appeal by way of case stated from the Fair Employment
Tribunal (“the Tribunal”) delivered on 14 April 2008. The
respondents/appellants were represented by Ms Noel McGrenera QC and
Mr Jonathan Dunlop while the applicant/respondent is a litigant in person.

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  • In the matter of an application under section 36 of The Inquiries Act 2005 and In the matter of Ian Paisley Junior
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 3 April 2009
    ...under Article 36 there may be a similar scale (see In the Matter of an Application by A and Others (Nelson witnesses) for Judicial Review (2009) NICA 8 paragraph 37). Thus the court will bring its own judgment to bear on the matters that have been canvassed by the applicant and the responde......
  • Tenner vs PricewaterhouseCoopers LLP
    • United Kingdom
    • Industrial Tribunal (NI)
    • 23 June 2011
    ...more recently by HM Court of Appeal in Northern Ireland in Curley v Chief Constable of the Police Service of Northern Ireland and Anor [2009] NICA 8 and Nelson v Newry & Mourne District Council [2009] NICA 24. In the former, Coughlin LJ at paragraph 16 of his judgment emphasised the need fo......
  • Tenner vs PricewaterhouseCoopers LLP
    • United Kingdom
    • Industrial Tribunal (NI)
    • 23 June 2011
    ...more recently by HM Court of Appeal in Northern Ireland in Curley v Chief Constable of the Police Service of Northern Ireland and Anor [2009] NICA 8 and Nelson v Newry & Mourne District Council [2009] NICA 24. In the former, Coughlin LJ at paragraph 16 of his judgment emphasised the need fo......
  • Conn vs Department for Social
    • United Kingdom
    • Industrial Tribunal (NI)
    • 19 November 2012
    ...claimant’s evidence of discrimination … .” 3.5 In the case of Curley v Chief Constable the Police Service of Northern Ireland and Another [2009] NICA 8, the Court of Appeal approved the judgement of Elias LJ in Laing, which was also referred to with approval by Campbell LJ in the Arthur cas......
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