Mark Deeney's Application
| Jurisdiction | Northern Ireland |
| Judge | Mr Simpson KC sitting as HCJ |
| Judgment Date | 20 December 2023 |
| Neutral Citation | [2023] NIKB 122 |
| Date | 20 December 2023 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 122
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: SIM12373
ICOS No: 22/089668/01
Delivered: 20/12/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY MARK DEENEY
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
___________
Michael Potter (instructed by Leontia Drain, Thompsons NI, Solicitors) for the Applicant
Philip McAteer (instructed by Dympna Murtagh, Belfast City Council Legal Services
Division) for the Respondent
___________
SIMPSON J
Introduction
[1] This is an application for leave to apply for judicial review. The issue at the
leave stage is whether the applicant has crossed the threshold of “an arguable case
having a realistic prospect of success” — see McCloskey LJ in Ni Chuinneagain’s
Application for Judicial Review [2022] NICA 56, para [42].
[2] The application arises out of the following circumstances. In May 2021 the
applicant in this case applied for appointment as Chief Fire Officer. At the time of
his application, he was an Area Commander for the western area in Northern
Ireland Fire and Rescue Service, the respondent in this case. There were three
applicants for the post. The applicant was unsuccessful, and was notified of the fact
on 25 June 2021. Nothing further was done until 10 June 2022 when the applicant
made a subject access request. As a result of what he was sent (by letters of 15 and
18 July 2022) arising from that request, the applicant was moved to challenge the
2021 appointment process. A pre-action protocol letter was sent on 23 September
2022. On 14 October 2022 the applicant issued his Order 53 Statement.
[3] In the meantime another candidate [whom I will call ‘AB’, since his actual
identity is not material to this judgment] was appointed to the post in September
2021. AB then left post on 11 June 2022, and a further competition is currently under
To continue reading
Request your trial