CASE REFS: 108/06 FET
CLAIMANT: Fatma Ergi
RESPONDENTS: 1. Dr A Hussein
2. Dr Micheal Curran
3. Dr Jacinta O'Kane
4. Dr Abbadey
5. Trevor Millar
6. Western Health & Social Services Trust
7. Dr A G O'Hara MB MRC Psych
The decision of the Tribunal is that all of the claimant's claims will be struck out unless she:-
(1) provides her own witnessástatement in these proceedings to the respondents' representative byá5 December 2007; and
(2) also provide to the respondents' representative a schedule of all financial loss claimed by the claimant, setting out in particular the nature and amount of any such loss claimed and how that sum is madeáup, by 5 December 2007.
Constitution of Tribunal:
Chairman (sitting alone): Mr P Buggy
The claimant was represented by Mr M Robinson, Barrister-at-Law, instructed by MSCáDaly,áSolicitors.
The respondent was represented by Mr F O'Reilly, Barrister-at-Law, instructed by DirectorateáofáLegal Services.
(1) It is agreed between the parties that 'any other' witnessástatement submitted on behalf of the claimant (any claimant's witnessástatement other than the claimant's own personal witnessástatement) must be submitted by 5 December 2007 and it is explicitly also agreed between the parties that if any such other witnessástatement is not submitted by that date, no further extension of time should be granted by the Tribunal.
(2) It is also agreed between the parties that the claimant shall pay the respondents the sum of ú617.50 by way of legal costs and expenses noálater than 31 December 2007. With the consent of both parties, it is ordered accordingly. That order satisfies all actual and potential demands on the part of the respondent for costs in respect of any actions or omissions up to and including 21 November 2007.
(3) Against that background, the respondents accepted that the 'Unless'áOrder (instead of an immediate Striking-out Order) was appropriate at this time.
(4) The claimant agreed that the Tribunal should make the 'Unless'áStriking-out Order.
Date and place of hearing: 21 November 2007, Belfast
Date decision recorded in register and issued to parties: