Monday 17 December 2018

Judge won't postpone cervical cancer case

Ruth Morrissey. Picture: Collins
Ruth Morrissey. Picture: Collins

Ray Managh

Cervical cancer victim Ruth Morrissey's application for next Tuesday's resumption of her damages claim against the HSE and two laboratories to be postponed will now be dealt with by Mr Justice Kevin Cross who has already begun hearing the case.

Mr Justice Anthony Barr said yesterday that once a High Court judge had embarked on a hearing, another High Court judge simply could not interfere with the running of the case by that other judge.

Judge Barr said Ms Morrissey had sought postponement of the resumed case because she wished to avoid unnecessary expense of one of her expert witnesses flying in for Tuesday's resumption of the case when it may well be adjourned by Judge Cross.

He said that while the court did not fault Ms Morrissey's counsel, Jeremy Maher SC, for making the application on her behalf, he favoured the arguments of Ms Emily Egan SC for US laboratory Quest Diagnostics Ireland and barrister Imogen McGrath, counsel for Medlab Pathology, Sandyford Business Park, Dublin.

He said both counsel had argued that it would be inappropriate for him as a High Court judge to interfere with the running of a case which was to resume as early as next Tuesday. He said he was not refusing the application but adjourning it until next Monday morning.

Irish Independent

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