Court adjourns claims so State can settle many remaining cases

The High Court has adjourned hundreds of Army deafness actions to late March to facilitate the State's early settlement scheme…

The High Court has adjourned hundreds of Army deafness actions to late March to facilitate the State's early settlement scheme in trying to resolve outstanding cases.

Some 3,000 cases have been settled under the scheme since it started its second phase early last year.

An application on behalf of the Minister for Defence for the court hearings to be adjourned to allow the scheme continue dealing with cases was opposed yesterday by lawyers representing soldiers who have claims still to be heard.

However, Mr Justice O'Higgins granted the Minister's application to adjourn the hearing of High Court cases until the last two weeks of the next law term in late March and early April.

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The judge said that plaintiffs in Army deafness cases, as in any other cases, were clearly entitled to have their cases heard within a reasonable time, and the idea of a "blanket" adjournment was not altogether satisfactory.

While he would adjourn cases until the last two weeks of next term, Mr Justice O'Higgins said, if there were any pressing reasons in any particular case, and justice required an early hearing, an application could be made to the court.

Thousands of Army deafness cases have been dealt with to date by the courts and the early settlement scheme but many are still outstanding.

Applying for the adjournment yesterday, Mr Gerard Clarke SC, for the Minister, said that since July last some 480 cases had been settled on foot of the scheme.

Mr John Sweetman SC, for some plaintiffs, said a large number of cases were waiting to get on in court. The court list had been "clogged" this term.

Some cases were small and some were very serious, Mr Sweetman said. People had been turned down for jobs after leaving the Army, he added.