In the matter of an application by Irwin Montgomery for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Gillen J |
| Judgment Date | 2008 |
| Neutral Citation | [2008] NIQB 64 |
| Date | 27 May 2008 |
| Court | Queen's Bench Division (Northern Ireland) |
Neutral Citation no. [2008] NIQB 64 Ref:
GIL7168
Judgment: approved by the Court for handing down Delivered:
27/05/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
_________
IN THE MATTER OF AN APPLICATION BY IRWIN MONTGOMERY
FOR JUDICIAL REVIEW
________
GILLEN J
Application
[1] This is an application by Irwin Montgomery (“the Applicant”) for
judicial review of a decision by the Pensions Branch of the Police Service of
Northern Ireland and the Northern Ireland Office (“the Respondents”)
whereby the Applicant’s entitlement to a lump sum payment under the Police
Service of Northern Ireland and Police Service of Northern Ireland Reserve
(Full-Time Severance) Regulation 2003 (“the Severance Regulations”) was
held to be unaffected by the increase in his compulsory retirement age. Leave
was granted to bring these proceedings on 7 February 2008.
Background
[2] The Applicant was born on 25 October 1953. He served as a police
officer from 15 September 1974 until 24 October 2006 retiring just before his
53rd birthday under the Severance Regulations.
[3] As outlined by Mr Steven McCourt, the Head of Policing Policy Branch
with the Northern Ireland Office in an affidavit of 29 March 2008, the
Severance Regulations introduced a severance scheme to operate for a finite
period (until in or about 2010 or until the Secretary decides otherwise). Funds
have been allocated to be distributed under the scheme in accordance with the
provisions set out in the schedule to the Severance Regulations. The net effect
of this scheme will be to reduce the numbers of police officers aged 50 years
and older. The purpose is to permit greater recruitment at the bottom end (on
a 50/50 cross community basis) and also generally assist in the overall
reduction of police officer numbers.
To continue reading
Request your trial