Dublin solicitor got three ‘medico-legal’ reports from a doctor unlicensed here while claiming up to €60,000 damages for a road traffic accident court hears

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ADublin solicitor, claiming up to €60,000 damages arising from a road traffic accident, obtained three “medico-legal” reports from a doctor registered to practice in Northern Ireland but unlicensed to practice in the Republic, a court heard today.

Ciaran Mulholland, a 37-year-old solicitor with Fahy Bambury Solicitors, who had taken a personal injuries claim in the Circuit Civil Court against a Dublin fruit importer, told Judge James McCourt that a partner in his own legal firm suggested he get reports from Belfast-based consultant Mr Rahul Gupta.

Mulholland told defence barrister Shane English, counsel for Aviva Insurance and defendant N Smyth and Co Ltd Howth, Co Dublin, that he had had gone to Gupta on the recommendation of his partner, Mr Fahy, not to be medically examined but to receive medico-legal reports for his case.

“You went to Dr Gupta who practices in the Lagan Valley Hospital in Belfast and who is not licensed to practise in this jurisdiction,” Mr English told Mulholland.

Mr Mulholland said Mr Fahy, on behalf of his firm, had been dealing with a number of accidents at the time and had suggested he go to Mr Gupta.

When Mulholland said he had gone to Mr Gupta for a report and not for medical advice, Mr English said he had gone to a doctor who had previously failed to show up in court as a witness on a number of occasions.

Mr English said: “He doesn’t show up, writes a report and does not give you any treatment, isn’t that right?”

Mr Mulholland said: “That’s right.”

Mr English asked how without examining him it was possible for Mr Gupta to provide three medical reports.

Mr Mulholland said they were ‘legal-medico’ reports.

Mr Mulholland, of Seaview Heights, Cnoc Na Mara, Blackrock Village, Co Louth, denied he had refused to meet with defence consultant Aidan Gleeson.

He said he had already been examined by Mr Gleeson once and when asked to see him on a second occasion he had felt it was unnecessary to do so.

When Mr English, who appeared with Ms Hayley Tarmey of Ennis Solicitors, told the court that the defendant’s van driver, Seamus Fagan, had been threatened earlier today with a warrant regarding his arrest for leaving the scene of the accident in which Mr Mulholland was injured, Judge McCourt said it was not part of the proceedings before him and he did not have to deal with it.

Mulholland in earlier evidence had confirmed he reported to gardai that Fagan had left the scene of the collision between his car and Fagan’s fruit van, belonging to his employer N Smyth, at Constitution Hill, Dublin, in September 2017.

Judge McCourt said the accident on a yellow box area of roadway could have been avoided had both drivers been paying proper attention and held Mr Fagan two thirds to blame and Mr Mulholland one third.

He awarded Mulholland €6,000 damages and District Court costs for what he described as a minor collision and reduced the award to €4,000.