Mitchell (Zeus) and Osula (Daniel) v McElreavy (Moya) and Gateway Social Services
| Jurisdiction | Northern Ireland |
| Judge | Master Bell |
| Neutral Citation | [2018] NIMaster 4 |
| Court | High Court (Northern Ireland) |
| Date | 08 June 2018 |
1
Neutral Citation: [2018] NIMaster 4 Ref:
2018NIMASTER4
Judgment: approved by the Court for handing down Delivered:
08/06/18
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE OF NORTHERN IRELAND
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QUEEN’S BENCH DIVISION
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BETWEEN:
Zeus Mitchell and Daniel Osula
Plaintiff;
and
Moya McElreavy and Gateway Social Services
Defendant.
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Master Bell
INTRODUCTION
[1] The plaintiffs, Zeus Mitchell and Daniel Osula, are a married couple.
They commenced legal proceedings by serving a writ on the two defendants.
The first defendant is Moya McElreavy, a team leader in the Housing
Solutions Department of the Northern Ireland Housing Executive, and the
second defendant is Gateway Social Services. For the purpose of clarity I
mention that Gateway Social Services is not an independent legal entity, but
merely an operational element of the relevant Health and Social Care Trust.
The plaintiffs appear as personal litigants. Mr Stephen Elliott appears on
behalf of the first defendant and Mr Finbar Lavery appears on behalf of the
second defendant.
[2] The writ contains an indorsement of claim. Mr Elliott submitted that,
as the claim was for general damages, a generally endorsed writ rather than a
specially endorsed writ should have been served. He is correct as a matter of
practice but I have granted the plaintiffs some latitude here and will simply
treat the indorsement on the writ as a statement of claim.
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1 cases
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Jody Nesbitt and Diana Nesbitt and Robin Swann and Naomi Long and Mike Nesbitt and Jim Shannon
...and to decisions such as Ewing v Times Newspapers Ltd [2011] NIQB 63 and Mitchell and Osula v McElreavy and Gateway Social Services [2018] NIMaster 4 as examples of how the power has been exercised. Judicial Review Proceedings [12] In his initial position paper, Mr Fee asserted that the pla......