Terms like “ambulance chasing” and even “personal injury litigation” can give this area of law a bad name.
We believe that, handled with integrity and based on the facts, we provide an excellent service to clients who have been injured or suffered damage or abuse through no fault of their own.
This area of law originated in 1932 when a lady, Mrs Donoghue drank a bottle of ginger beer in Paisley, and later fell ill because there had been a dead snail in the bottle. The contract was between herself and the cafe owner, but she sued the manufacturer Mr Stevenson. In a related speech which summarised a new form of thinking about the law which was previously very limited, the judge,Lord Atkin, said: “I doubt whether the whole law of tort could not be comprised in the golden maxim to do unto your neighbour as you would that he should do unto you.” He found in favour of Mrs Donoghue in this seminal case of Donoghue v. Stevenson, and the neighbour principle was born.
If the circumstances are that:
1. A party owed a duty of care to another and
2. That party breached their duty of care (i.e. were negligent) causing loss, damage or injury to another, the law of negligence may offer a remedy.
This is the basis of the law applicable to cases such as:
Medical Negligence (Misdiagnosis, Symphysiotomy, Wrongful Death, Birth Defects)
Accidents at Work
Road Traffic Accidents
Physical assaults causing injury such as direct assaults or or lack of supervision/intervention in venues frequented by paying customers
Civil Claims for maltreatment, abuse, wrongful imprisonment
More recently this area of the Law has evolved – quite rightly- to include cases of child abuse.
The case of Louise O’Keeffe was the first in which which the European Court of Justice ruled against the State in upholding Ms O’Keeffe’s right to damage for sexual abuse she suffered at the hands of her former school principal, Mr Hickey who had been convicted of abusing Ms O’Keeffe and other pupils.
We can sit down with you and discuss your case sensitively and with utmost confidentiality and advise whether you would be entitled to bring a case. Call us for a consultation with no obligation to proceed.
Please note: No solicitor is allowed to charge fees as a percentage of the damages or compensation awarded to a client in a personal injury type of case.
When negotiations and warnings do not work, obtaining a court order through litigation is sometimes necessary. If there are other more cost effective solutions we advise our clients on this.
Situations in which private individuals might engage in litigation include:
Medical Negligence / Personal Injury (Misdiagnosis, Symphysiotomy, Wrongful Death, Birth Defects)
Abuse – Civil Claims for maltreatment, abuse, wrongful imprisonment
Judicial Review – correction of executive decisions, delay in administration affecting Human Rights (citizenship/naturalization)
Discrimination / Equality: Revenue, Third Party Service Providers, State Bodies
Injunctions – obtaining a court order usually to restrain certain behaviour eg. to prevent the irreversible damage from leaking of confidential information or data; to prevent the unlawful knocking of a building or structure
Breach of Contract – including Consumer Protection Claims, Hire Purchase Contract Claims, Property disputes
Probate Disputes – cases disputing the validity of a will, or the distribution of an estate.
We have successfully represented clients in cases from unfair dismissals before the Employment Appeals Tribunal to breach of contract cases for EUR15 Million in the Commercial Division of the High Court.
NOTE: THE TIMEFRAMES FOR BRINGING CERTAIN CLAIMS ARE TIGHT – IN PARTICULAR EMPLOYMENT AND PROBATE RELATED CASES. IF IN ANY DOUBT AS TO WHETHER YOU HAVE A CASE DO NOT DELAY IN CONTACTING US AS SOON AS POSSIBLE FOR A CONSULTATION
For the first time in the past year or so, we have first hand experience of how difficult bereavement can be. It is a difficult time.
The process of managing the affairs of a person who has died and left a will, or died intestate (without a will) is generally referred to as “Probate”. Before a deceased person’s cash can be released from the bank, or shares or property transferred to another, a grant of probate must be applied for. Some families make their own Probate applications, but most engage a solicitor.
Probate law requires great attention to detail and persistence – it depends largely on correspondence with other parties and organisations (including the Revenue Commissioners) being followed up and brought to conclusion. For many, the last thing they are able for during a period of bereavement is detailed paperwork, deadlines, tax returns and application forms while managing the family. We have experience in guiding clients through this process and taking care of the correspondence and Probate forms.
In certain cases, wills are challenged, the rights of parties to inherit can be called into question, next of kin may be difficult to trace or locate, or there may be assets abroad to be dealt with. These are all matters we can and do help with.
Preparing Valuations and Determining Valuation Dates
The legal entitlements of Spouse/Partner and children
Dealing with Shares, Property, Assets, Debts foreign Assets/Shares
Grant of Probate / Letters of Administration Applications
Disputing distribution under a will
Entitlements of separated and “second” families
Uniquely in Ireland, our Constitution offers protection of the citizens right to earn a livelihood. This makes for a strong body of Employment Law in Ireland, with good protection of employees’ rights. This can cause difficulties for employers. It pays for employers to have clear terms and conditions in place for its workers, and to document and practice fair procedures if disciplinary or redundancy issues are being addressed.
Employment Law is not always contentious: Why not put the right systems in place from the outset? We offer advice on the following:
Contracts of Employment
Company Handbooks and Policies
Confidentiality and Non-Disclosure Agreements
Redundancy and Selection
Where employees have a cause for grievance we offer advice on:
Stress, harassment and Bullying
Discrimination at work
Redundancy – advice on redundancy agreements (non-contentious) in addition to contesting the “Redundancy” where it is an unfair dismissal
NOTE: THE TIMEFRAME FOR BRINGING A CLAIM FOR AN EMPLOYMENT RELATED GRIEVANCE IS VERY LIMITED: CALL US IMMEDIATELY IF YOU ARE UNSURE ABOUT WHETHER YOU HAVE AN EMPLOYMENT RELATED CLAIM
Do you worry about how to organise your affairs in case you are ever mentally incapacitated?
We have advised many clients on putting in place an Enduring Power of Attorney: It means you have a plan in place so that if ever you are unable to look after your own affairs, your trusted family member (attorney) can take care of them for you, and there are special safeguards built in to the process to protect you.
We have advised on many matters including:
Enduring Powers of Attorney
Making a Will
Advice on Elder Abuse
Selling a business or retiring from Practice
Transferring assets to family members
Tax efficient wills and estate planning
Call us for an obligation free consultation.
Transfers to Family
Leases and Letting Agreements
Management Company Issues
Landlord and Tenant issues