Andrew Matthew McGivern and South Eastern Health and Social Care Trust
| Jurisdiction | Northern Ireland |
| Judge | Master Harvey |
| Judgment Date | 14 December 2023 |
| Neutral Citation | [2023] NIMaster 13 |
| Date | 14 December 2023 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIMaster 13
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: 2023NIMaster 13
ICOS No: 20/043570
Delivered: 14/12/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
KING’S BENCH DIVISION
ANDREW MATTHEW MCGIVERN
Plaintiff
and
SOUTH EASTERN HEALTH AND SOCIAL CARE TRUST
Defendant
_________________________________
Mr Ciaran McCollum BL for the plaintiff.
Mr Michael Lavery BL for the defendant.
_________________________________
Master Harvey
Introduction
[1] This clinical negligence action raises issues in relation to court reviews,
directions and most importantly serves as a reminder to practitioners of the risks
parties run if they fail to understand the nature and purpose of an unless order, and
the potential consequences of non-compliance.
[2] The plaintiff seeks an order pursuant to the inherent jurisdiction of the court
and/or Order 3 rule 5 of the Rules of Court of Judicature (Northern Ireland) 1980
(“the Rules”) setting aside the judgment for the defendant due to failure by the
plaintiff to comply with an unless order.
[3] The cause of action occurred on or around the 26 June 2017 and involved
alleged:
“delay in treatment of the plaintiff’s appendicitis, as a result of which his
appendix perforated and became gangrenous and the plaintiff had to undergo
open surgery as opposed to keyhole surgery,”
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