500 Army deafness cases due for next law term adjourned

More than 500 Army deafness cases listed for hearing in the Dublin High Court next term have been adjourned in the hope they can be disposed of more efficiently.

The adjournment was sought yesterday by Mr Paul Butler SC, for the State, and agreed to by solicitors representing the majority of soldiers affected.

Mr Butler said 90 per cent of cases before the court in the last law term, which concluded yesterday, had been settled. It was believed that level of disposal would continue but the adjournment might result in that being achieved "more efficiently".

He said the Law Society had been contacted regarding the application and had written to solicitors affected. A number of solicitors who, he understood, acted for the majority of soldiers affected had agreed. The plan was that the adjournment would allow the Chief State Solicitor's office and the Department of Defence deal with the claims in a more efficient manner.

Mr Justice Johnson said the State's aim should be to increase the speed of disposal rather than just maintain it.

Mr Butler said that was the aim but he could not guarantee it would be achieved. Every effort would be made.

Mr Paul Walsh SC said he was representing many of the solicitors involved. Their concerns were about the speed with which cases were disposed of and the generosity of awards. They were willing to take a chance their concerns would be addressed.

Mr Rory MacCabe SC, for another firm of solicitors, said he could not see why the cases could not go on next term and talks aimed at disposing of them more efficiently could not continue at the same time.

Mr Bruce Antoniotti SC said he had one case of a soldier who had just had a heart attack and he wanted that left in the list.

Mr Justice Johnson said he had adjourned the cases on two occasions previously to facilitate them being speeded up. He believed the amount of cases dealt with in the term just ending showed increased efficiency and that both sides were more disposed towards accommodating each other. He proposed to adjourn the cases and if the rate of disposal improved well and good. The adjournment would be subject to the right of any plaintiff to seek to have an urgent case heard.

Mr Hugh McGahon pointed out the adjournment applied only to cases in the Dublin list.

Mr Justice Johnson said Mr Butler had already stated it was the Dublin list.

The judge adjourned generally all the cases in the Dublin list which were due to be heard over the next law term, beginning on May 2nd and concluding on June 8th. He listed the matter for mention on June 6th.