The Injuries Board gives no awards
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.
A Letter to Minister Shatter
In Ireland, and the UK, the judiciary, generally, follow a practice of awarding costs of the action to the victor.
The Injuries Board – some Questions and Answers
1. I have been injured; will the person who injured me, or his/her insurance company, hasten to fully compensate me? No, they will not. This is human nature and also implied in the social arrangements under which we live. 2. Will the Injuries Board ensure that my interests are fully looked after? No, it will not. It has a limited focus. It only addresses one question; the level of compensation the injured person ought to get. It does little to […]
So, that’s what we need lawyers for; to write the pleadings and affidavits of the litigants and to make sense of the world.
SMDF: Vote no
Even if the SMDF is not insolvent, it is possibly suggesting that it will not pay out on some at least of valid claims against solicitor members of the SMDF. Why do the members not top-up the “mutual fund” that is the SMDF, to meet those claims? On the figures provided by the SMDF, this would cost the members approximately €1000 per year. According to the Council of the Law Society, the prospects of them agreeing to this are “slim”, but they have not been tested.
SMDF: Some Sums
The proponents of the Law Society Council’s proposal to bail-out SMDF Limited have made much of their estimate of the cost of same per solicitor. They have settled on a figure of €200 per year, for 10 years. This figure is reached by making a series of suppositions- that claims liability will be no more than 16 million euro, that the number of solicitors in practice will stay the same over 10 years, that reinsurers will not repudiate some or […]
SMDF: Darkness in Summer
Consider; the Council shows no sign of devoting energy to meeting the challenge of the IMF/ECB bailout terms; instead it is navel gazing at a failed project of the past.
SMDF: What may the Law Society do?
To find out what the Law Society may do in relation to PI insurance for solicitors, just read Section 26 of the Solicitors (Amendment) Act 1984;
SMDF: Futility, Hypocrisy
The Council of the Law Society is about to crash and burn, whatever the outcome of the postal poll.
SMDF: Council Duties
t is a breach of corporate law and good governance to allow such a situation to arise, Even if the proposal is carried, it is open to challenge in the High Court because of the breach of fiduciary duty by the Council.