Tort
Vendor says no
For the legal profession, there is good news in this. It means a solicitor should be paid, by a client, not for accepting instructions, but for giving advice.
Injuries by dogs
For once our Government, [which, like every other element of the State, is, rest assured, amongst the best in the world], is ahead of the UK government. Unlike the UK there is, here in Ireland, a two tier level of strict liability for damage caused by dog attack.
Financial Services – complaints
1. I have lost my savings in an investment with XXX Building Society. What can I do? It depends on the facts. Deposits in a Building Society or a Bank are protected by the Government guarantee. Even with the collapse of Anglo Irish Bank and Irish Nationwide Building Society, the depositors with those institutions were secured and the deposits are available to be withdrawn. (In reality, all the deposits were lost in those institutions; it is the taxpayer who is […]
Auditors
However, an auditor is obliged to take account of the possibility of fraud. Just because a valuation is on a file from an “independent” agent the auditor is not relieved of his/her obligation to consider whether the accounts show a true and fair view of the fiinances of the entity being audited. The fraud may be in the valuations.
Professional Negligence
Many professionals (doctors, solicitors, dentists, architects, surveyors etc.) provide services to “consumers”.
Section 2 (1) of the Consumer Protection Act 2007 defines a consumer:
OK, Boss. Boss?
Sometimes it is difficult for lawyers to recognize who is the boss.
You Know What I Mean…
Readers will have seen reference HERE to a plea in a medical negligence case as to the meaning of a “consent” signed by the patient (who was having an operation to make her sterile). In Fitzpatrick v National Maternity Hospital [2008] IEHC 62 the Defendant claimed that the mother (in labour) declined an episiotomy or a forceps-assisted birth (leading to the damage to the infant). The court rejected this plea, and rejected the evidence of the Defendant, intended to evidence […]
Accident: Frequency (The Law of Averages)
Road traffic accidents are common, but we rarely witness them happening. If we made a judgment of their frequency based on our experience, we would be wrong.
Accident: Settlement (Sign Here…)
The courts have frequently rejected arguments that claims have been settled, as purportedly evidenced by “releases” signed by Plaintiffs.
Accident: Pedestrian (Hello!)
The court, accepting a calculation that the car that hit her had been traveling at not more than 30 mph and was about 75 ft. from the crossing when the Plaintiff began to cross decided she had not been guilty of contributory negligence. She was 10 ft. onto the crossing when she was hit.