Elan Neeson as Personal Representative of Patricia Gardner Deceased and Phyllis Agnew and Others Practising under the name of Tughan and Company Solicitors
| Jurisdiction | Northern Ireland |
| Court | Queen's Bench Division (Northern Ireland) |
| Writing for the Court | Deeny J |
| Judge | Deeny J |
| Judgment Date | 13 February 2009 |
| Neutral Citation | [2009] NIQB 10 |
| Year | 2009 |
| Date | 13 February 2009 |
1
Neutral Citation No.: [2009] NIQB 10 Ref:
DEE7404
Judgment: approved by the Court for handing down Delivered:
13-02-09
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
BETWEEN:
ELAN NEESON AS PERSONAL REPRESENTATIVE OF
PATRICIA GARDNER DECEASED
Plaintiff;
-and-
PHYLLIS AGNEW AND OTHERS
PRACTISING UNDER THE NAME OF TUGHAN & COMPANY
SOLICITORS
Defendants.
________
DEENY J
[1] The plaintiff in this action is the personal representative and daughter
of Patricia Gardner deceased. She sues her former solicitors. The first
defendant was not personally involved in the case. The deceased, who was
then about 73 years of age, was referred to the Belfast City Hospital in
February of 1998 complaining of a cough, weight loss and weakness. A
tender lump was found on her right neck and on 18 February 1998 a fine
needle aspiration of the lump disclosed a thyroid carcinoma. The deceased
was informed on the 24th of that month that it was intended to carry out a
total thyroidectomy to remove this carcinoma. That operation was
successfully carried out on 25 March. It is the plaintiff’s contention that that
operation was an unnecessary trauma to her late mother which ought not to
have been carried out.
[2] The reason for that was that in parallel with the treatment of the
thyroid lump investigations progressed with regard to the plaintiff’s cough.
An x-ray on 26 February was recorded as looking normal but she was referred
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4 cases
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Drake Flemmer & Orsmond Inc and Another v Gajjar
...EWCA Civ 1269: referred to Watts v Morrow [1991] 4 All ER 937 (CA): referred to. J 2018 (3) SA p356 Northern A Ireland Neeson v Agnew [2009] NIQB 10: referred Legislation cited Statutes The Prescribed Rate of Interest Act 55 of 1975, s 2A(5): see Juta's Statutes B of South Africa 2016/17 vo......
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Drake Flemmer & Orsmond Inc and Another v Gajjar
...at 377 – 9, not altogether supportive of the English cases. [10] United Kingdom: Nicholson (n6 above) paras 105 – 108; Neeson v Agnew [2009] NIQB 10 para 16; Jackson & Powell (n6 above) para 11 – 297. Australia: see para 18 of the plurality judgment in Johnson v Perez (n6 above), para 118 p......
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Chan Chun Chau, The Personal Representative Of The Estate Of Fa Ching Chee, Deceased v Hospital Authority
...claimed. Case authorities 68. Mr Chang cited a decision of the High Court of Northern Ireland in Elan Neeson v Phyllis Agnew and Others [2009] NIQB 10. In that case, the plaintiff sued her former solicitors for failing to pursue a medical negligence claim within 69. The claim there involved......
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Stewart & Ors v Patterson & Ors
... ... DONNELLY P/AS PATTERSON AND DONNELLY, SOLICITORS Defendants; -and- SUSAN WARMINGTON (FORMERLY ... funds from ASK Electrical Limited, the company controlled by AS. (iv) SW was entitled to 50% ... prospect of SW being able to obtain relief under Article 257 of the Insolvency (NI) Order 1989 ... (and the Accountants) as Deeny J did in Neeson v Agnew (2009) NIQB 10. (iii) Should interest ... ...
