That’s the theory; but, if there are no lawyers in DEPUYLAND, who is to alert the patients to the existence of their right to make a claim?
A plaintiff must prove the defect and damage. The fact of the DePuy “recall” is useful to prove the defect, but it would be necessary to engage an expert in the issue. The damage would vary from case to case, but it is difficult to see how any plaintiff with a DePuy hip would avoid ex-plantation before the expiration of the expected use life of the hips, 10 to 15 years.
Calculate, with the solicitor, the various periods of limitations for the various heads of claim. They are; 2 years for a claim under the Liability for Defective Products Act; 6 years for breach of contract; 2 years for negligence resulting in personal injury. Two or more of these periods are coming to an end. This is a crisis for victims who have not issued proceedings.
What are the actual relevant dates from which time is running?
For negligence claims the date is the date the woman received a letter from the clinic informing her she had PIP breast implants. For breach of contract claims the date is the day of the operation fitting the implants.
Consequently, financial claims arising in contract do not all deserve to be heard in summary manner in the High court; some should go to plenary hearing with a full examination of the context in which the agreement was concluded.
Don’t expect expressions of regret from any participants, or admissions that the changes for which the Minister was responsible have led to this.
“It has become a growing practice for solicitors acting for parties in cases before the courts (and, I would venture to suggest, in particular, the Commercial Court) to copy correspondence to the court. Some lay litigants have adopted the same course.”
To buy a house is the most significant purchase most people will make. It is the ultimate consumer purchase.
Construction may be everything; if the object of criticism thinks the criticism may lower him/her in the estimation of right-thinking members of the community he/she may sue for defamation.