Library
PERSONAL INJURIES – Road Traffic Accident
A law student was seriously injured when a car, driven by a banned driver, mounted the footpath on which he was walking. He was one of two pedestrians struck by the car driven by the defendant, Mr Connolly. The defendant had a 25-year ban from driving at the time of...
PROBATE – UK Will Revokes Earlier Irish Will; But Did Testator Intend That?
You can make several wills in your lifetime but normally only one will be acted upon and that is the final will you have drawn up and executed while still of sound mind. If you are making more than one will due to your having assets in more than one country, then you...
PERSONAL INJURIES – Airplane Accident
A Ryanair flight between Dublin and Zadar, Croatia had a sudden loss of cabin pressure forcing the pilots to rapidly descend the aircraft. Oxygen masks were released during the incident. As a result of this sudden incident, 33 of the 189 passengers were hospitalized...
Ambiguous contractual terms lead to litigation headaches
Most commercial cases that pass through the courts have at their root a poorly drafted or insufficient contract. A meticulously drafted agreement can spare your company a lot of time and money should a dispute arise, especially where the terms are clear and concise...
Three year old compensated for injury on holiday
Accidents often happen on holidays, but it used to be difficult to secure compensation. Some comfort was afforded to families travelling abroad under the Package Holidays (Trade and Travel) Act 1995 where in Section 20 it provides that “The organiser shall be liable...
Accidents while on holidays – what to do
Whether you are covered by an insurance policy or not for travel/holiday insurance, in order to make a claim under the policy or against a tour operator there are important steps that need to be taken or recorded. The date and time of the accident Who it was reported...
Forfeiture clauses in commercial leases: A trap for the unwary
Disputes between commercial landlords and tenants are increasingly common and are usually associated with failure to pay rent or other breaches of covenant. Most rent disputes about amount go to arbitration, but where there is no provision for arbitration or where the...
Making a Will for an Elder
For an elderly person, making a Will can be difficult to understand so it is imperative that whatever they are about to do is very clearly explained. For a solicitor providing this service, a high duty of care is expected. The instructions for the Will must...
PERSONAL INJURY – Bicycles
Cyclists have the same rights as any other road user but are the most vulnerable. In road traffic accidents, an injured cyclist must prove on the balance of probabilities that the other party caused the accident which resulted in his injuries. If an injury is...
Property: Creditor’s Lien May Not be Valid
In a recent High Court case, the judge refused to remit a debt recovery action to the Circuit Court as he believed an important point of law arose which could only be adjudicated on by the High Court. The plaintiff, who purchased the Ulster Bank’s interest in the...