The Chief Justice has expressed his sympathy to the family and friends of the late Ruth Morrissey whose funeral took place yesterday.

Before giving judgment on a number of outstanding issues related to Mrs Morrissey's legal action, Mr Justice Frank Clarke said since hearing submissions last week the court had heard "the tragic news" of her death last weekend.

The Chief Justice expressed his sympathy on behalf of all members of The Supreme Court.

He said that when giving judgment last March on the main issues of the case he had noted the "very tragic circumstances which now have, most sadly, come to fruition".

However, he said the function of the court was to decide on important legal issues which had arisen in the Supreme Court appeal against a High Court decision in Mrs Morrissey's favour which had the potential to affect many more cases even beyond the scope of CervicalCheck.

The outstanding issues included costs and whether or not the amount of compensation awarded to Mrs Morrissey's husband, which one of the laboratories successfully reduced on appeal, should be applied to the Health Service Executive and a second laboratory.

Ruth Morrissey had successfully sued the Health Service Executive and two laboratories for incorrectly reading her cervical smears in both 2009 and 2012. She died on Sunday at the age of 39.

Today's decision will not materially change the €2.16m award made to the Morrisseys because the State had previously guaranteed the amount regardless of outcome of the Supreme Court appeal which it said was taken to obtain legal clarity.

Last week the court was told the Morrisseys had received the full amount.

In submissions last week, lawyers for Mrs Morrissey argued that final orders against the HSE and Quest Diagnostics should not reflect the finding which reduced the damages to Paul Morrissey by €575,000 because only Medlab had appealed over the €575,000.

However, lawyers for Quest and the HSE, said the damages reduction should apply to all three appellants.

They said it would not affect the Morrisseys who have been paid the full amount but was important because Quest would otherwise be left in substance with a financial penalty.

Today the Chief Justice said "in the very unusual circumstances" of this case he had come to the view that, despite it being a very marginal call, the more just course of action to adopt would be to reduce the award against both the HSE and Quest by the same amount as it is agreed that the award against Medlab must be reduced.

On the issue of costs, the court ruled that the entire costs of all the appeals should be treated as the costs of a single appeal.

The court ruled that two thirds of the costs should be paid by the HSE, Quest and Medlab with the remaining third borne by the HSE and Quest.

The division of costs in this way was to account for the partially successful appeal by Medlab on the issue of the amount of the award to Paul Morrissey.