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Guidance needed by High Court and Cervical Check Tribunal on standard of care in screening services
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Supreme Court grants leave to appeal from the High Court concerning the standard of care to be adopted in a claim for personal injuries arising from alleged negligence in screening services for cervical cancer (notwithstanding that the defendants had agreed to compensate the plaintiff irrespective of the outcome of the appeal), on the grounds that there were a number of cases pending before the High Court that required guidance as to the appropriate level of care, and that a statutory tribunal ("the Cervical Check Tribunal") was to be established which - unusually - would have the power to determine issues of liability and required similar guidance.
Clarke CJ (nem diss): Applications for leave to appeal - questions requiring further clarification - oral hearing - jurisdiction of Supreme Court to hear appeals - "leapfrog" appeal - personal injuries - alleged medical negligence - standard of care - whether Health Service Executive (HSE) vicariously liable in respect of acts or omissions of the other defendants - whether HSE entitled to address question of standard of care when they made no submissions in that regard in the High Court - urgency of the case - establishment of the CervicalCheck Tribunal - tribunal given task of determining legal liability - observations and proposed directions - issues confined on appeal - case management of appeal - preparation of books.
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