An Bord Altranais (the Nursing Board) is facing a legal bill estimated at more than £1.5 million arising from its decision three years ago to seek a court order to restrain Co Dublin domiciliary midwife, Ms Ann O Ceallaigh, from practising.
The Supreme Court yesterday awarded Ms O Ceallaigh the vast bulk of the costs of her successful legal proceedings against the board.
The legal costs incurred by Ms O Ceallaigh since she took the proceedings in August 1997 are estimated at up to £1 million while the board disclosed last December that it had spent, up to that time, some £530,430 on a hearing by its Fitness to Practice Committee (FTPC) into a complaint against Ms O Ceallaigh and associated legal proceedings.
The court also remitted to the High Court the issue of damages. However, Ms Justice Denham stressed that while the court was remitting the damages question, it had made no decision on whether damages were available or not.
It is understood no decision has been made as to whether Ms O Ceallaigh will pursue the damages issue in the High Court.
Earlier this week, the Supreme Court granted an appeal by Ms O Ceallaigh, of Temple Crescent, Blackrock, against the High Court's refusal to discontinue an inquiry by the FTPC into three other complaints against her. By a four to one majority, the court found the board had not followed fair procedures when initiating the inquiries.
The court also, by the same majority, dismissed the board's appeal against another High Court decision of May 1999 lifting an injunction granted to the board in August 1997 which had restrained Ms O Ceallaigh from practising midwifery. The issue of legal costs was deferred and came before the court yesterday.
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