Our preparations for the trial of this action have now reached a stage at which, together with counsel and our client, we can take a considered view on the issue of negligence in light of the facts and allegations in this case.
"With counsel, we have undertaken an extensive review of these facts which go back over 25 years. The various allegations made in the proceedings have been put to such witnesses as are alive and as are available to give evidence. A range of experts at home and abroad also have been consulted. On consideration of this extensive review and following legal advice, our client has decided to admit liability to your client in relation to her claim for compensatory damages for negligence.
"In arriving at this decision, our client has taken into account the evidence and guidance available to it. Our client has also been very concerned to ensure that your client should not suffer by having to participate in a trial in which negligence is an issue.
"This admission is solely for the purposes of these proceedings and in the context of the facts and circumstances relating to your client only.
Our client is prepared to compensate your client in full for any pain and suffering, loss and damage suffered by her as a result of the injuries caused by our client's negligence. Our client will also pay any costs to which your client may be entitled, to be taxed in default of agreement on a party and party basis. We have been instructed that our client is in a position to meet and satisfy all such compensatory damages, together with any costs that might be due to your client.
We have also been specifically instructed by our client to apologise unreservedly to your client for what she has suffered as a result of our client's negligence. Our client has taken taken steps to seek to ensure that there can never be a repeat of this tragedy.
"We appreciate of course that the NDAB (National Drugs Advisory Board) and State defendants have not conceded any liability. We believe however that the approach taken by our client will now allow the case to be resolved without your client having to take upon herself the additional burden of trying to prove liability against those defendants.
If your client discontinues her claims against the NDAB and the State defendants, our client will pay such party and party costs as may be sought by those defendants or either of them. Again we are instructed that our client is in a position to discharge any such liability for the costs of those defendants (to be taxed in default of agreement on a party and party basis).
"In the light of the fact that your client has now been assured that she will be paid compensation and party and party costs in respect of her personal loss and damage together with the party and party costs of the other defendants (if any), we respectfully suggest that there is no justifiable reason for proceeding against those other defendants and incurring unnecessary costs in seeking to prove negligence on their parts.
"There remains of course your client's claim for aggravated and exemplary/punitive damages. We believe that there is no justification for this claim and our client sees no alternative but to defend it fully should it proceed.
"If your client should discontinue the claim for aggravated and exemplary/punitive damages against our client, our client will not seek payments of any costs attributable to this issue.
We hope that this proposal will mean the speedy and simplified resolution of the issues in these proceedings.
"However it is important to set out the position that our client will be reluctantly obliged to adopt should your client reject these proposals.
If your client proceeds with her claim against the NDAB and the State defendants our client will seek all additional costs thereby incurred from the date hereof and this letter will be used in support of such application to the court.
"Similarly, if your client proceeds with her claim for aggravated and exemplary/punitive damages against our client and fails, then our client will rely on this letter in an application to the court against your client for all costs relating to the claim for such damages and for an order setting off any such costs in favour of our client against any costs to which your client might otherwise be entitled.
"Our client has tried to approach this matter by frankly admitting liability for compensatory damages while necessarily defending itself against a claim for aggravated and exemplary damages which it believes is unjustified. In doing so, our client also seeks to minimise the stress to your client of being unnecessarily involved in lengthy and complex proceedings.
"In any event, our client is willing to consider any appropriate steps such as agreeing medical and other expert reports, if possible, in order to expedite the trial and reduce the areas of dispute in the proceedings. While our client contests the basis on which your client seeks special damages and the amount of them, we are more than anxious to narrow areas of difference in this regard also.
"We invite you to contact us to make arrangements for such agreements as are possible in these areas.