Currently, in Court 3 in the Round Hall of the Four Courts, a company called The Harley Medical Group (Ireland) Ltd (“The Company”) is appearing before the High Court seeking to be wound up. The company is registered in the British Virgin Islands, with an office in Ireland at 5 Herbert Place.
This is not the first time this matter has been before the Court. In March Ms. Justice Laffoy ordered that a number of parties- including our office- be put on notice of the application. In addition, further details of the company’s insurance arrangements were to be furnished.
PIP Victims
We were placed on notice because we represent a group of women who were customers of the Harley Medical Group and received faulty breast implants made by a French company called PIP. The implants were made with industrial grade silicone (apparently intended, by the silicone factory, to fill mattresses, amongst other things) rather than the medical grade silicone of which they were held out to be made.
After receiving a copy of the petition to wind up The Harley Medical Group (Ireland) Ltd. (and other papers) we requested details of its insurance arrangements. To date we have not received the full complement of relevant insurance documents.
In the absence of the relevant documents it is not possible for us to definitively say that The Harley Medical Group (Ireland) Ltd. was not insured for claims such as those of PIP victims.
Likewise, it is not possible for The Harley Medical Group (Ireland) Ltd. to claim that it has demonstrated that it was not so insured.
Harley Medical Group Insurance
Insurance cover by The Harley Medical Group (Ireland) Ltd. (and its UK associated company, The Harley Medical Centre Ltd.) for PIP claims (and the enforcement of such cover) is important for PIP victims. It would greatly ease the enforcement of PIP victims’ claims (and the recovery of compensation after the conclusion of litigation for the PIP victims injuries and losses).
It is important to know this:
a) enforcement of the PIP claims is done by each PIP victim;
b) enforcement of the Harley insurance cover is done by the relevant Harley company;
Even in the absence of all the relevant insurance documentation we believe that The Harley Medical Group (Ireland) Ltd. had applicable insurance cover for PIP type claims for the year 2005/2006. It is very likely that such cover was in place for other years, possibly extending right up to March 2010, at which time The Harley Medical Group (Ireland) Ltd. officially learned of the PIP scandal.
The winding up petition is being opposed by us on the ground that The Harley Medical Group (Ireland) Ltd. has its Centre of Main Interest in the UK (and should be wound up there).
The hearing of the petition commenced on 22nd April 2013 and will continue next Monday (29th April 2013) on which date the documents and supporting legal authorities opposing the granting of the petition will be opened to the court.