n Guerra v Italy (1998) 26 EHRR 357, toxic emissions from a factory injured many nearby residents and killed some. The ECtHR found that the absence of information on the effects of living near the factory breached the Applicants’ right to respect for home under Article 8 of the Convention.
It is settled law in Ireland that a public authority is not liable for damage arising from “non-feasance”. This means that, if the public authority fails to exercise a statutory power, and loss is sustained which would have been avoided if the power had been exercised, the public authority is not accountable in law for that failure.
This is good. It is good for two reasons; firstly, the Council’s ruling (although not entirely selfless) will allow injured persons to access legal advice promptly after an error (and retrieve evidence before it is lost).
It is intended to more clearly explain legal issues to victims of personal injury.
A failure to write the letter within the time may lead to the victim failing to recover legal costs against the wrongdoer, depending on what the judge in the case thinks.
The law on occupiers’ liability applies when the injury is caused by a defect or some condition of the premises. If the injury occurs without involving the premises, occupiers’ liability does not arise.
A toxic chemical is a poison. The poison may enter the body through the skin and not simply by the obvious routes of ingestion or breathing. Effects may not be immediate; a chemical may have a chronic effect, rather than an immediate acute effect.
It is a source of additional worry (above the prospect of unemployment) to employees who have been injured at work, to find that their employer is insolvent.
With regard to the tort of negligence, road traffic accidents are exceptional. They are exceptional because they conceal the fact that, often, the factual cause of an event is not discovered.
The MIBI was not mentioned specifically in the 2003 Act, hence the doubt. The judgment makes sense; anything else would have been an anomaly. Indeed, in a very real sense the 2003 Act was intended to apply to the MIBI more than anyone or anything else; they are the insurance industry.