Eccles, Re Application for Judicial Review

Ian Skelt QC and Gordon Anthony (instructed by Edwards & Co, solicitors) for the Applicant Tony McGleenan QC and Aidan Sands (instructed by the Departmental Solicitor�s Office) for the Respondent

Philip McAteer (instructed by the Crown Solicitor�s Office) for the Notice Party

[1]������� By this application for judicial review, the applicant, Joanne Eccles, a constable in the Police Service of Northern Ireland (PSNI), seeks to challenge the lawfulness of secondary legislation which renders her ineligible for the payment of a survivor�s pension as the surviving partner of Sergeant Gary Dempster.� The relevant provisions are to be found in Part C of the Royal Ulster Constabulary Pensions Regulations 1988 (SR 1988/374) (�the 1988 Regulations�).

[3]������� Mr Skelt QC appeared with Mr Anthony for the applicant; Mr McGleenan QC appeared with Mr Sands for the respondent Department; and Mr McAteer appeared for the Chief Constable as notice party.� I am grateful to all counsel for their helpful written and oral submissions.

[7]������� The applicant herself is in a pension scheme (�the 2015 Scheme�, described further below) which provides a pension to nominated surviving partners; and the evidence filed in the case disclosed that she had not named Sgt Dempster as someone who should receive a lump sum death grant under the 2015 Scheme in the event of her death.