Tagged: litigation
The Madoff Mess
Financial management is, reputedly, a highly regulated field. Whether that is so in Ireland is already in doubt. The Madoff Mess may show the truth of the situation. That aside, Ireland’s financial regulatory laws make provision for claims in civil law for breaches of certain duties imposed by statute. The facts of each case will determine if these are available to investors to recover their losses.
The Intoxication of Government
And what are we to make of the expert group? We already pay for the personnel of the Law Reform Commission. Why should we have to pay for another group of persons duplicating its work?
Class Actions?
This state of affairs is favourable to wrongdoers, especially corporate wrongdoers. To permit class actions is to admit that, often, individuals can have a reasonable prospect of justice against a modern corporation, or the state, only through the action of a collective.
An Unpleasant Discovery
hat some members of the Irish High Court currently make orders for the provision of, effectively, “general discovery�? is superior anecdotal evidence to the reflections flowing from Brooks Thomas Ltd. V Impac Ltd. [1999] 1 I.L.R.M. They prefer to do justice than to respect a dubious proposition simply because it is in a statutory instrument.
Personal Injury: Case History – Downes v G. O’Doherty & Sons Ltd.
While the Plaintiff was employed by the Defendant as a labourer, he lifted a bundle of timber onto his shoulder and suffered severe pain in his lower back. He was taken, in pain, to hospital where he remained for two weeks. He was diagnosed as having a slipped disc and eventually he had an operation which improved matters. He reached a condition in which he was compelled to discontinue working for the Defendant. He was unable to sit in a […]
Personal Injury: Case History – O’Donovan v John Hornibrook Ltd.
The Plaintiff, aged 42, was a felt roofer working for the Defendant. He was burned near the elbow when some hot bitumen spilled on his arm. He was taken to hospital in severe pain. He was treated but eventually had to re-attend and was admitted for five weeks. The arm took a long time to heal.
Personal Injury: Case History – Luttrell v Gouldings Fertilisers (Cork) Ltd.
The Plaintiff was a 57 year old labourer. He was engaged in his employment for the Defendant when he plunged his foot into sulphuric acid. The acid was in a pit. All of the bottom third of his leg went into the acid. He required skin grafts. The site of the graft was left with a scar. It got numb in cold weather and the leg got tired after a day’s work.
Personal Injury: Case History – Conway v Burlington Industries (Ireland) Ltd.
The Plaintiff was employed in the Defendant’s factory. There was a very large propane gas explosion and the Plaintiff was burned and his back was injured. His lip was perforated and he experienced a great deal of pain. He developed a phobia about fire.