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Writ No. 2001/02720 00001032

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

Thursday the 18th day of December 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:

________________________

UPON THIS CASE 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 the Order of The Honourable Mr. Justice Coghlin dated 30th April 2003 be amended as follows:-

1. Paragraph (a) will read - "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 Nuala Warke, solicitor and Martin McCallion, solicitor.

2. Paragraph 2(ii) will now read - "Signs the Cost Sharing Agreement by 27 February 2004".

3. Paragraph 2(iii) will now read - "Make all relevant financial contributions as from August 2003 and continuing. Suspend consideration of the extent of any share in the generic costs to be paid by the clients of Bogue & McNulty in respect of period 1 July 2000 to August 2003 such share to be determined either by agreement or with the assistance of the Taxing Master at the conclusion of the proceedings."

   JULIE LECKEY
   Proper Officer

   Time Occupied: Under 1 hour.

   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 (A1) Friday 8th August 2003(A1) and;

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

   1. 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 (A2) and Martin McCallion, solicitor (A2)

   2. 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 (A2) 27th February 2004 (A2)
      3. Make all relevant financial contributions as from (A2) August 2003 (A2) and continuing.

      (A2) Suspend consideration of the extent of any share in the generic costs to be paid by the clients of Bogue & McNulty in respect of period 1st July 2000 to August 2003 such share to be determined either by agreement or with the assistance of the Taxing Master at the conclusion of the proceedings(A2)

   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.

   (A1) amended this 20th day of June 2003 pursuant to the Order of Mr. Justice Coghlin dated 20th June 2003.
   (A2) amended this 28th day of January 2004 pursuant to the Order of Mr. Justice Coghlin dated 18th December 2003. (Amendment filed 5.2.04)

   JULIAN CREIGHTON
   Proper Officer

   Time Occupied: Under 1 hour