News & Blog

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Personal Injuries

News

Claim denied because of ‘opportunism’.   A plaintiff was involved in a minor road traffic accident at the traffic lights junction on the Stillorgan Dual Carriageway near the Radisson Hotel. The plaintiff claimed that she suffered whiplash injuries when the defendant’s Land Rover car collided with the rear of her Audi car while she was stationary at…

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Employment

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Discrimination   The claimant was at Emerald Park, formerly known as Tayto Park the amusement centre, and sought priority to skip a queue because of her disability. She showed the operators her disability driver’s badge, her driver’s license for an adapted car and her Public Services Card but could not find medical correspondence to prove to their satisfaction that she…

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Personal Injuries

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Injury sustained by dog bite. The plaintiff in this case suffered horrific injuries from a pit bull terrier while visiting her friend’s house. The dog was under the control of the friend’s parents whom the plaintiff sued for negligence and breach of statutory duty under the Control of Dogs Act. The plaintiff was in her friend’s…

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Landlord & Tenant

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Rent Review – Avoid Taking on old leases!  A lot of shops are vacant now and will be advertised for letting over the summer. Many of these stores will have old leases in place and could be offered to a new tenant by way of Assignment of the lease to the new party. This should…

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Equine Law

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Buying or Selling a Horse If buying or selling a horse privately then caution is advised. ‘Caveat Emptor’ applies, that is, let the buyer be aware. The onus is on the buyer to be satisfied that the horse is fully fit for the purpose they have in mind. The sellers are not obliged to disclose any…

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Family Law

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Parents and Children The Supreme Court gave judgment on 22 January 2021 on a case regarding the medical treatment of an 11-year-old boy who suffered life-changing neurological injuries. In doing so, the court took into consideration the rights of the child and the constitutional rights of the child’s parents. The court heard submissions on wardship…

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Traveller Discrimination

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A warning for Hospitality A hotel lost a case in the Workplace Relations Commission for refusing a wedding reception of a Traveller.  The case came under the Equal Status Acts 2000-2018. Initial enquires for booking the hotel was done by email and the hotel was receptive to the enquiry, however when the hotel staff became…

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Farming

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Fallen Trees Bad weather causing trees to fall creates additional headaches for farmers. The owner of the trees is the person liable in law for the damage it causes if negligence of the landowner is proved. Therefore, famers and property owners need to monitor trees on their land. It is vitally important for farmers and…

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Employment Law

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Unfair Dismissal   The Workers Relations Commission considered a case where an employee, who had been dismissed, had been convicted on a guilty plea in the District Court on a sexual assault charge and whether that had a bearing on the employee’s protection under employment law.   The complainant took a gamble believing that he would get…

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Expert Witness

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Evidence rejected by the court as it was far too one-sided and failed to be objective.   Evidence from a highly qualified expert witness retained by an insurance company was rejected out of hand by the Court of Appeal recently because, in their opinion, the expert was much too partisan in his evidence and lacked…

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