McConalogue (Peter) Application for leave to apply for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Colton J |
| Judgment Date | 08 June 2022 |
| Neutral Citation | [2022] NIQB 41 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 08 June 2022 |
1
Neutral Citation No: [2022] NIQB 41
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: COL11849
ICOS No: 22/008928/01
Delivered: 08/06/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
QUEEN’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY PETER McCONALOGUE
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
___________
Mr Terence McCleave (instructed by the Departmental Solicitor’s Office) for the
Proposed Respondent
Mr McConalogue appeared as a Litigant in Person
___________
COLTON J
Introduction
[1] I am obliged to the applicant and to Mr McCleave for their helpful written
and oral submissions.
[2] By these proceedings the applicant seeks leave to challenge a decision of the
Social Security Commissioner dated 23 September 2021 whereby the Commissioner
refused the applicant leave to appeal on a point of law from a decision of the Social
Security Appeal Tribunal dated 30 December 2020 which found that the applicant
did not have limited capability for work.
[3] The factual background is un-controversially set out in the impugned
decision itself in the following way:
“Background
4. The applicant had claimed and had been awarded
Universal Credit (UC) by the Department for
Communities (“the Department”) from and including
31 July 2019 on the basis of incapacity for work. On
14 October 2019 the applicant completed and
To continue reading
Request your trial