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Writ No. 2001/02720 00004300

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN'S BENCH DIVISION

Wednesday the 30th day of April 2003
Before THE HONOURABLE MR. JUSTICE COGHLIN

Between:

CHARLES WAYNE McCLURG

Plaintiff:

and

CHIEF CONSTABLE OF ROYAL ULSTER CONSTABULARY
and POLICE AUTHORITY FOR NORTHERN IRELAND

Defendants:

________________________

This action being in the list this day to be mentioned.

AND UPON HEARING Counsel for the Plaintiff and Counsel for the Defendants,

THE JUDGE ORDERED that:-

Upon Edwards & Company undertaking to provide the information agreed between Senior Counsel for the claimants to Messrs. Bogue & McNulty by 4.00 pm on Friday 8th August 2003 and;

UPON the undertaking of the Bogue & McNulty claimants that:-

(a) Any information which is provided to their lawyers pursuant to an agreement of today, will be copied only to Bernard McCloskey, Q.C., Charles McCreanor, John Bogue, solicitor and Nuala Warke, solicitor.

(b) The said information will not be reproduced save to those named individuals and specifically will not be reproduced or identified in advice given to Bogue & McNulty claimants.

1. Bogue & McNulty shall hereinafter be assigned McIlwrath claimants case solicitors.

2. The Bogue & McNulty claimants may join the action of Charles Wayne McClurg and other plaintiffs listed in the schedule to the Writ referred to as the "Post Traumatic Disorders and Psychiatric Disorders Group Action" and the names of Bogue & McNulty claimants may hereinafter be listed on the said schedule provided that each such claimant:-
   1. Is fully advised about the relevant costs risks set out in the Cost Sharing Agreement.
   2. Signs the Cost Sharing Agreement by 31st October 2003.
   3. Make all relevant financial contributions as from 1st July 2000 and continuing.

3. In default of fulfilling the conditions set out above, the claims of those whose names are set out in the Bogue & McNulty booklet at section 5, pages 1-34 shall be dismissed without further Order or will thereafter be debarred from issuing proceedings arising from the matters which are the subject of this group litigation.

4. Any Bogue & McNulty clamant joining the said Group Action shall be kept informed of the progress of the Group Action by way of a quarterly report being provided by the co-ordinating solicitor to Bogue & McNulty, to be followed by a lawyers meeting if desired, and Bogue & McNulty and/or their Counsel will be responsible for advising their client about the progress of the Group Action.

5. The costs of case solicitors for the McIlwrath claimants or otherwise, reading, absorbing, or advising about progress reports and the information agreed to be provided, is to be taxed as individual case work and not generic work.

6. The final selection of lead cases for trial to be determined by the Court, in the absence of agreement.

JULIAN CREIGHTON
Proper Officer

Time Occupied: Under 1 hour

amended this 20th day of June 2003 pursuant to the
Order of Mr. Justice Coghlin dated 20th day of June 2003