Ireland currently has a limited form of class action. It is the “actio popularis”. It is not like the US form of class action; it is not of direct benefit to individual members of the public. They get the benefit when they are in the class that benefits from the judgment. They do not simply lodge their claim for compensation, say. The Irish courts have accepted “actio popularis” claims in only one such proceedings; Digital Rights Ireland Ltd. v The […]
The cost of remediation of buildings damaged by the incorporation of pyrites into them is considerable. This is unavoidable where the construction works have been completed and, typically, the pyrites are in the sub-base of the construction. The pyrites expand in certain circumstances, deforming the floor and walls and other structural elements of the building. The current estimate is for 1,100 private dwellings affected. It has been estimated that each will cost €50,000 to repair. That’s a total of €50 million. […]
HIQA has reported on the wholesale failure of staff in Beaumont hospital to wash their hands. (A pdf of their report is available here) The staff knows, in theory, about the germ theory of disease but like everybody else they experience its apparent refutation. We are surrounded by bacteria, we live in a sea of bacteria and few of us are seriously damaged by them. Why, then, is it unacceptable to fail to wash your hands? The answer lies in […]
The Personal Injuries Assessment Board was established and is operated on a flawed proposition; that it deals with matters of such simplicity that injured persons seeking an assessment have no need of legal advice or assistance in doing so. The proposition is flawed as a matter of commonsense. Before the introduction of the Injuries Board system (then known as the Personal Injuries Assessment Board or PIAB) almost every claimant for compensation for personal injury sought the assistance and advice of […]
Here at McGarr Solicitors we do not make “awards” of damages for personal injury claims. We do not have that power. We do not claim to have that power.
However, neither does the Injuries Board have that power, even though they tell the unsophisticated members of the press that they do have that power.
In the UK and Ireland, The Harley Medical Centre Ltd., trading as The Harley Medical Group, was a major seller and distributor of the defective PIP breast implants. The Harley Medical Group (Ireland) Ltd is currently before the Irish courts, looking to be put into liquidation. McGarr Solicitors is the only solicitors’ firm that has attended court for Irish PIP victims and argued for their clients’ interests in this application. The Crime The PIP criminal trial is currently at hearing in […]
Modern people, sportsmen/women excepted, are most at risk of serious injury when travelling on the road. The energy bundled in a motor car, or other vehicle, is considerable. If that energy is suddenly blocked, which is what happens in a typical car accident, it must go somewhere and, unfortunately, it sometimes goes into us. Then you are injured and the nature and extent of that injury is determined by chance. Make no mistake; as a society, we have planned these accidents. […]
This post concerns a matter returnable before the Irish High Court on 8th April 2013. A company named The Harley Medical Group (Ireland) Ltd. has applied to the court for an order compulsorily winding up the company. McGarr Solicitors, by order of the court, has been made a notice party to the application and has received copies of the application with its grounding affidavit and exhibits. We are notice parties because we act for a number of women fitted in […]
One in three accidents at work occurs in connection with “manual handling”. Employers owe a legal duty of care to their employees. The duty of care includes taking reasonable steps to ensure the health and safety of employees and to avoid accidents at work. The precise terms of the duty of care may be found in the law of negligence or it may be found in a statute, as a precise legal rule. In the case of the obligation to […]
With very little bother or trouble, the Oireachtas could and should remedy a real and persistent injustice for many injured persons. In Hu -v- Duleek Formwork Ltd & Anor [2013 IEHC 50, the High Court declined to make a declaration that the Plaintiff was entitled to the benefit of an insurance contract taken out by the insolvent Defendant company. The insurance company, Aviva, took issue with the Defendant’s failure to pay the excess of €1,000 which, as between the Defendant and […]