Henry Brothers (Magherafelt) Limited, F B McKee & Company Limited and Desmond Scott, Phillip Ewing trading as Woodvale Construction Company Limited and Department of Education for Northern Ireland
| Jurisdiction | Northern Ireland |
| Judge | Coghlin LJ |
| Judgment Date | 19 December 2008 |
| Neutral Citation | [2008] NIQB 153 |
| Date | 19 December 2008 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2008 |
1
Neutral Citation No.: [2008] NIQB 153 Ref:
COG7355
Judgment: approved by the Court for handing down Delivered:
19/12/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
BETWEEN:
HENRY BROTHERS (MAGHERAFELT) LIMITED, F B McKEE &
COMPANY LIMITED
-and-
DESMOND SCOTT, PHILIP EWING
TRADING AS WOODVALE CONSTRUCTION COMPANY LIMITED
Plaintiffs;
-and-
DEPARTMENT OF EDUCATION FOR NORTHERN IRELAND
[NO. 3 REMEDIES]
Defendant.
_______
COGHLIN LJ
[1] The history and background facts relating to this litigation have been
set out in some detail in the judgments that I delivered in Henry Brothers v
Department of Education for Northern Ireland [2007] NIQB 116 and Henry
Brothers v Department of Education for Northern Ireland (No. 2) [2008] NIQB
105. The first of those judgments related to the plaintiff’s application for
interim relief and the second to the substantial issues between the parties.
Subsequent to delivery of the second judgment in favour of the plaintiffs on
3 October 2008 the parties requested a further hearing to determine the nature
and extent of the appropriate remedies.
[2] For the purpose of the remedies hearing the parties were represented,
as before, by Mr Bowsher QC and Mr Girvan, who appeared on behalf of the
plaintiffs and Mr Shaw QC, Mr McMillan and Mr Williams, who appeared on
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