News & Articles
Rylands v Fletcher
Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal shafts improperly filled with debris, they chose to continue work rather than properly block them up.
Oil Spills: Liability (Part 1) – Rylands v Fletcher & “Polluter Pays” Principle
Oil Spills, especially heating oil spills can be pretty nasty. It is bad when the escape of oil happens at your own property, but it can be a lot worse when it originates at a third party property and then comes across the boundary.
PIAB Authorisation: What does it mean?
If PIAB don’t make a Personal Injury award or one is not accepted then a PIAB Authorisation is issued allowing you to take your case to court
High Court Challenge Over Pension Access
A High Court challenge has been brought by a man over the refusal of the Minister for Social Protection to grant him access to his late partner’s pension.
7 Steps to take if you have a Road Traffic Accident
You may have sustained serious injury and may not feel capable of attending to the steps outlined in this Post. If you cannot do so, then ask a loved one or a friend to assist you. These immediate steps are very important and will affect your Civil Claim for compensation in the long term.
Order for Possession: Warning Against “Legal Advice”
The High Court has dismissed an appeal against a Circuit Court order for possession on the basis that the defendant’s case consisted of “wide-ranging” arguments that relied upon archaic legislation deemed to “make no sense as a matter of Irish law”. Background The...
Expert Witness excluded due to Conflict of Interest
The Supreme Court has ruled that an expert witness retained by a plaintiff in competition proceedings should be excluded from the case on the basis that he had previously provided advise to the defendant in separate proceedings.
Minor Approval: Change in Northern Ireland?
Following a five-year campaign by personal injury lawyers and recommendations from Lord Justice Gillen’s review of civil justice in Northern Ireland in 2017, the Department of Justice has opened a consultation on mandatory court approval of children’s compensation claims.
Return to Work: Going legal “difficult” sick staff
Many of the State’s largest employers have said they plan to demand staff return to the office for at least part of the working week, while an employment law expert has warned it will be “very difficult” for employees who get sick to bring legal actions. The Cabinet...
5 Truths about the Personal Injury Guidelines
In April 2021, new Personal Injury Guidelines were published by the Judicial Council.