Morrissey & anor v Health Service Executive (Approved) [2020] IESC 43 (23 July 2020)

Morrissey & anor v Health Service Executive (Approved) [2020] IESC 43 (23 July 2020)

Despite the procedural argument that HSE and Quest did not appeal quantum, the Supreme Court held that, in the unusual circumstances of these combined appeals, justice required reducing the damages against HSE and Quest by the same amount as Medlab. The appeals were treated as a single substantive appeal for both the reduction of damages and the apportionment of costs.

Citation
[2020] IESC 43
Parties
Plaintiff/respondent: Ruth Morrissey; Plaintiff/respondent: Paul Morrissey; Defendant/appellant: Health Service Executive; Defendant/appellant: Quest Diagnostics Incorporated; Defendant/appellant: Medlab Pathology Limited
Jurisdiction
Ireland
Judgment Date
23 July 2020
Procedural Posture
Civil Appeal / Supreme Court Judgment on Form of Order and Costs Following Principal Judgment
Outcome
Appeals allowed in part; damages against all three appellants reduced by €575,000; appeals otherwise dismissed.
Legal Topics
Quantum of Damages, Costs of Appeal, Concurrent Wrongdoers, Finality of Litigation, Procedural Justice
Medical Negligence Tort Law Civil Procedure Quantum of Damages Costs of Appeal Concurrent Wrongdoers Finality of Litigation Procedural Justice

Case Brief

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Parties

Ruth Morrissey

Plaintiff/respondent

Paul Morrissey

Plaintiff/respondent

Health Service Executive

Defendant/appellant

Quest Diagnostics Incorporated

Defendant/appellant

Medlab Pathology Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Form of Order and Costs Following Principal Judgment

Legal Issues

  1. 1 Whether damages awarded against HSE and Quest should be reduced in line with Medlab's successful appeal on quantum
  2. 2 Appropriate apportionment of costs among appellants in related appeals

Ratio Decidendi

Despite the procedural argument that HSE and Quest did not appeal quantum, the Supreme Court held that, in the unusual circumstances of these combined appeals, justice required reducing the damages against HSE and Quest by the same amount as Medlab. The appeals were treated as a single substantive appeal for both the reduction of damages and the apportionment of costs.

Court Disposition

Appeals allowed in part; damages against all three appellants reduced by €575,000; appeals otherwise dismissed.

Orders

  • Damages in favour of Mr. Morrissey against HSE, Quest, and Medlab each reduced by €575,000.
  • Costs of the appeals to be treated as a single procedure: two thirds of costs awarded jointly and severally against all three appellants; remaining one third jointly and severally against HSE and Quest.