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Results: 1-10 of 49

English Patents Court revisits the clearing the way principle in preliminary injunction applications

  • Matheson
  • -
  • Ireland, United Kingdom
  • -
  • March 15 2011

In the recent English case of Cephalon Inc. and others v Orchid Europe Ltd and others (2010), Mr Justice Floyd of the Patents Court revisited the “clearing the way” principle in cases where there is a threatened launch of a generic product onto the marketplace

Mental health, taking of blood samples without patient consent

  • Matheson
  • -
  • Ireland
  • -
  • February 1 2012

Mr Justice MacMenamin in his judgement dated 26 July 2011, held that the taking of blood samples by doctors treating a woman suffering from severe mental illness was lawful, despite her failure to give consent

Plaintiff’s case dismissed for failure to establish negligence

  • Matheson
  • -
  • Ireland
  • -
  • July 29 2014

This case involved an operation carried out in 2005, on a 19-year-old, to correct a curvature of the spine. During the surgery, the plaintiff was

New High Court Rules on Mediation and Conciliation

  • Matheson
  • -
  • Ireland
  • -
  • January 10 2011

New High Court Rules on Mediation and Conciliation (the "Rules"), under which a High Court judge may adjourn legal proceedings to allow the parties to engage in alternative dispute resolution (ADR), may yield an increase in the number of medical negligence claims being settled through mediation, conciliation or other forms of ADR

To disclose or not disclose expert commentary

  • Matheson
  • -
  • Ireland
  • -
  • July 29 2014

Previously, in the case of Payne v Shovlin, both the High Court and the Supreme Court attempted to clarify the position on precisely what obligation

Bar set high in order to succeed in strike out applications

  • Matheson
  • -
  • Ireland
  • -
  • July 29 2014

The Circuit Court recently imposed a "permanent stay" on negligence proceedings issued against a private hospital, in circumstances where the

Case dismissed because causation remains shrouded in mystery

  • Matheson
  • -
  • Ireland
  • -
  • July 16 2014

Justice O'Neill recently dismissed a plaintiff's claim for failing to establish negligence on the part of a prominent consultant orthopaedic surgeon

Liability at common law of a parent company to an employee of its subsidiary

  • A&L Goodbody
  • -
  • Ireland, United Kingdom
  • -
  • September 20 2011

In a recent UK High Court case a parent company was held to owe a duty of care to an employee of a subsidiary company, where the employee had been exposed to asbestos and subsequently suffered asbestosis, in circumstances where the subsidiary company was no longer in existence

Referring employees for medical assessment

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • January 9 2013

In a recent High Court case, Delaney v Central Bank of Ireland 2011, which involved a referral by the Central Bank of a senior employee for psychiatric

Court puts baby's life before parents' beliefs

  • Matheson
  • -
  • Ireland
  • -
  • February 1 2012

In September 2011, the Coombe Women & Infants Hospital successfully applied to the High Court for a pre-emptive order, allowing them to carry out an emergency blood transfusion on a premature baby girl