Mary Sullivan on behalf of James Sullivan (Deceased) v The Chief Constable of the Police Service of Northern Ireland and The Ministry of Defence
| Jurisdiction | Northern Ireland |
| Judge | Master McCorry |
| Judgment Date | 02 February 2018 |
| Neutral Citation | [2018] NIMaster 5 |
| Court | High Court (Northern Ireland) |
| Date | 02 February 2018 |
1
Neutral Citation: [2018] NIMaster 5
Ref:
2018NIMASTER5
Judgment: approved by the Court for handing down
Delivered:
02/03/2018
(subject to editorial corrections)*
No. 15/076135
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEENS BENCH DIVISION
Between:
MARY SULLIVAN on behalf of JAMES SULLIVAN Deceased
Plaintiff;
AND
THE CHIEF CONSTABLE OF THE POLICE SERVICE
OF NORTHERN IRELAND
and
THE MINISTRY OF DEFENCE
Defendants
Master McCorry
The plaintiff on her own behalf and on behalf of the estate of her late husband
James Sullivan, applies for an order pursuant to Section 31 of the
Administration of Justice Act 1970 and Order 24, rule 8(1) of the Rules of the
Court of Judicature in Northern Ireland 1980, for pre-proceedings disclosure
of records which she believes would have been created and remain in the
possession of the defendants, around the time of the sectarian murder of the
deceased by members of a loyalist terrorist gang (the “UVF”) on 8th February
1975, at the family’s home at Lesley Street, Ligoneil, Belfast. The plaintiff
herself was also shot but survived.
[2] The application is grounded on the affidavit filed 11th August 2015
sworn by Gavin Booth, a legal executive in the firm of KRW Law, the
plaintiff’s then solicitors, and an affidavit filed 15th February 2017 by the
plaintiff herself. A detailed pre-proceedings discovery letter was sent on 10th
March 2015. A detailed replying affidavit was sworn on 4th November 2016 by
Assistant Chief Constable Mark Hamilton on behalf of the first named
To continue reading
Request your trial
1 cases
-
McAleese (Mary) on behalf of McAleese (David (deceased)) v The Ministry of Defence and The Chief Constable of the Police Service of Northern Ireland
...[40] The second recent and relevant decision of the Northern Ireland courts is Sullivan v Chief Constable and the Ministry of Defence [2018] NIMaster 5 where Master McCorry dismissed an application for pre-proceedings discovery after concluding that the necessity of pre-proceedings discover......