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This is an application by the plaintiffs for directions in the context of a personal injuries claim brought by them against the defendant for alleged negligence and/or breach of duty over a period of some ten years. The children are aged 16, 14 and 11 and are in the defendant's care.
The defendant, whilst admitting that the children suffered harm, including sexual abuse, physical abuse, emotional abuse and the results of neglect, denies negligence and/or breach of duty.
In order to progress the matter, it is necessary for the plaintiffs to be assessed and it is agreed between the parties that it is very desirable that this should be undertaken by a jointly appointed independent expert. These are seriously damaged children and the issue arises as to whether an assessment could of itself cause the children further harm. One of the children has already been assessed by an expert appointed by the guardian, with consequences which the defendant says were harmful.
Accordingly, a directions hearing has been fixed for 8 th May, 2012, at which the Court will consider what directions should be made in relation to the expert assessment of the plaintiffs.
By consent order dated 28 th February, 2012, the Minister will by now have filed evidence dealing with the following issues:-
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