by Mary Hough May-14-2025 in Healthcare Law
In this, the fifth in our ‘Embracing Change’ series, Hayes solicitors LLP is delighted to join patients and clinicians’ representatives in endorsing the letter recently sent by Medical Protection to the Minsters for Justice and Health calling for the urgent implementation of Pre-Action Protocols.The letter sent by Medical Protection to the Ministers and endorsed by representatives of doctors, dentists and patients, calls for the Ministers to take the final steps to implement Pre Action Protocols which have already been provided for in legislation (Legal Services Regulation Act 2015).
As we near the first anniversary of the major conference hosted by Hayes solicitors LLP last year, which focused on the need for reform of clinical litigation in Ireland, including the introduction of Pre Action Protocols, we reflect on the progress which has been made in this past year and we look forward to seeing further progress and reform in the coming year.
The 2024 conference ‘Embracing Change: Working Better Together’ brought together distinguished and expert speakers from this and other jurisdictions to share with an audience of over 200 invited guests, their experiences and insights in relation to many of the reforms recommended by the Expert Group chaired by Mr Justice Charles Meenan. The distinguished speakers included Mr Justice Charles Meenan, Professor Rhona Mahony, Ciaran Breen, Director of the State Claims Agency, Sara Grewar, Claims Lead at Medical Protection, Julieanne Moore, Partner in Medical Law at Irwin Mitchell solicitors, Simon Hammond, Director of Claims Management, NHS Resolution and our own Mary Hough, Partner and Head of Healthcare at Hayes solicitors LLP. All of the speakers spoke of the pressing need for reform and how such reform will lead to a new landscape in clinical litigation where all parties will have the opportunity to work better together. The distinguished speakers spoke of how the reform, including the Pre-Action Protocol, will help to bring about a fairer system for patients and clinicians. [Hayes Solicitors LLP, Dublin, Ireland – Law Firm. Hayes solicitors host conference of leading experts to discuss proposals for the reform of clinical litigation in Ireland].
In the past year we have seen the publication of the Report of the Group chaired by one of the distinguished conference speakers, Professor Rhona Mahony, which endorsed the recommendations made by the conference keynote speaker, Mr Justice Charles Meenan, the publication of the report of the Expert Working Group advising the Minister for Justice in relation to the Discount Rate and the report of the Expert Working Group in relation to Periodic Payment Orders whose recommendations have the potential to radically change for the better the manner in which those who are catastrophically injured are compensated.
We have also seen the recent introduction to the High Court of Practice Directions, HC131 and HC132 which are designed to ensure greater sharing of information between parties to clinical claims, to facilitate their earlier resolution and to encourage the use of mediation [Hayes Solicitors LLP, Dublin, Ireland – Law Firm. Embracing Change – new High Court Practice Directions for clinical negligence claims].
In the coming year, we look forward to the implementation of the recommendations of the Working Groups in relation to the Discount rate and Periodic Payment Orders and to the implementation of Pre-Action Protocols [Hayes Solicitors LLP, Dublin, Ireland – Law Firm. Embracing Change – Pre Action Protocols and Case Management].
We are pleased to see that the momentum for reform of clinical litigation in Ireland is continuing to gather pace and look forward to embracing the further changes which we hope the coming year will bring.
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About the Author
Mary Hough
Mary is a partner and Head of the Healthcare team at Hayes solicitors. She specialises in professional indemnity defence litigation and in particular dealing with high value clinical negligence claims. Mary has extensive experience in civil litigation, acting for insurance companies, indemnifiers and plaintiffs.