THE French Ministry for Social Security was alleged to have shown discourtesy to the High Court yesterday. This follows the ministry's failure to be represented to process a claim for an estimated £600,000 against an Irish insurance company.
The incident arose out of an action brought by a French woman, Ms Francoise Deschamps, an art teacher who was seriously injured in a road accident in 1991 while touring Ireland.
Ms Deschamps (52), of Truyes, France, settled her action for undisclosed damages yesterday against Murphy Transport Ltd, of Maryfield, Ballinlough, Cork, and Mr Barry Murphy, a driver.
A claim against Ms Noreen Sexton, Rosewood House, Silversprings Lane, Tivoli, Cork, in whose car Ms Deschamps was a passenger at the time of the accident, was dismissed.
Ms Deschamps claimed that on February 15th, 1991, at Sliversprings Lane, a lorry struck Ms Sexton's car. She suffered head and chest injuries. It is claimed she is incapacitated for work.
The case was specially fixed for hearing yesterday. When called, Mr R.A.M. Robbins SC, for Ms Deschamps, told Mr Justice Johnson the French government, through its Ministry of Social Security, had valued its contribution to Ms Deschamps at £600,000.
Mr Robbins said the French government had agreed to provide witnesses to prove that aspect of the case but on Tuesday had advised that witnesses would not be travelling. No reason was given. Nevertheless, the French wanted the claim for their social welfare payments to be made to the court.
Mr Justice Johnson adjourned the hearing to allow the French government to be represented when the court resumed. Later, a representative of a Dublin firm of solicitors told the court they had no instructions whatsoever on the action. His firm had given some general advice to the French ministry in July 1992.
Following a further adjournment, Mr Robbins told Mr Justice Johnson the matter had been resolved and he handed the terms of settlement into court. The case against Ms Sexton, he said, could be dismissed. The issue of the recovery of the French social welfare payments against Murphy Transport and Mr Barry Murphy was adjourned generally.
Mr David Byrne SC, tour Murphy Transport and Mr Murphy, applied for an order to adjourn the French claim with liberty for the French to re enter on the undertaking of the French ministry to discharge all of his client's costs incurred subsequent to any such re entry, irrespective of the outcome.
Mr Byrne said he was seeking this order because his clients had been ready to deal with these aspects of the case yesterday and had witnesses present. Because of the failure of the French officials to turn up, it might be necessary to litigate on another occasion.
What had happened was not only a discourtesy to the court, said Mr Byrne, but it left his clients incurring further costs.
Mr Justice Johnson said he could not make such an order but recommended that, should the case come back to court, the judge should be made aware of what had happened and that Mr Byrne's application would be appropriate.