By Mark Tottenham BL in Ireland High Court, Irvine J No Comments Tags: Assessment of damages, Compensation tribunal
J M v. Minister for Health [2012] IEHC 83
(High Court, Irvine J, 23 February 2012)
High Court, on appeal from the Hepatitis C and HIV Compensation Tribunal, increases compensation for loss of earnings.
Compensation tribunal – appeal – Hepatitis C and HIV Compensation Tribunal – haemophiliac – infection by Hepatitis C virus and HIV – contaminated blood products – marriage following HIV diagnosis – inability to have children by reason More
By Mark Tottenham BL in Ireland High Court, Irvine J No Comments Tags: Compensation tribunal, Costs
J M v. Minister for Health (No 2) [2012] IEHC 84
(High Court, Irvine J, 6 March 2012)
High Court grants costs to appellant in appeal from decision of compensation tribunal.
Hepatitis C and HIV Compensation Tribunal – appeal – costs – appeal heard as de novo assessment of claim for general and special damages – increase by approximately €70,000 in award of special damage – no increase in award of More
By Mark Tottenham BL in Irvine J 1 Comment Tags: Personal injuries, Policing law
Roche v. Minister for Finance [2011] IEHC 482
(High Court, Irvine J, 14 December 2011)
High Court dismisses Garda Compensation claim in respect of bacterial infection subsequent to assault in the course of duty. (Full text.)
Garda compensation – Garda Compensation Acts 1941-1945 – injuries sustained in the course of duties as police officer – bacterial infection subsequent to assault – causation and liability for infection – septic arthritis – More
By Mark Tottenham BL in Irvine J No Comments Tags: Assessment of damages, Medical negligence
Hegarty v. Mercy University Hospital Cork [2011] IEHC 435
(High Court, Irvine J, 25 November 2011)
High Court dismisses claim for damages for stress and anxiety arising from diagnosis of MRSA. (Full text.)
Medical negligence – hospital care – failure to appraise plaintiff of surgical findings – failure to advise plaintiff of significance of MRSA diagnosis – whether plaintiff fully advised of complications – causation – whether More
By Mark Tottenham BL in Irvine J No Comments Tags: Negligence, Personal injuries, Road traffic law
O’Hara v. Eirebus Ltd [2011] IEHC 450
(High Court, Irvine J, 2 December 2011)
High Court dismisses claim for personal injuries where plaintiff struck by car on motorway, having been left behind by coach. (Full text.)
Personal injuries – pedestrian struck by car, having descended from coach – passengers descended from coach for toilet break by side of motorway – coach departed without plaintiff – plaintiff inadvertently wandered onto fast lane of More
By Mark Tottenham BL in Irvine J No Comments Tags: Habeas corpus (Article 40), Prison law
Campion v.Governor of Cork Prison [2011] IEHC 398
(High Court, Irvine J, 24 October 2011)
High Court holds that no warrant required to transfer prisoner from one prison to another. (Full text.)
Lawfulness of detention – Article 40 – habeus corpus – transfer of prisoner as punishment – whether warrant required to transfer prisoner – s. 17, Criminal Justice Administration Act 1914.
By Mark Tottenham BL in Irvine J No Comments Tags: Employment Law, Negligence, Personal injuries
Forde v. Central Parking System Ireland Ltd [2011] IEHC 407
(High Court, Irvine J, 25 October 2011)
High Court dismisses claim for personal injuries allegedly sustained while fitting clamp to car. (Full text.)
Personal injuries – claim against employer – clamping motor vehicles – back injury sustained when fitting clamp to car – whether part of clamp defective – “November bar” – whether bar was bent at the time of use – whether More
By Mark Tottenham BL in Charleton J, Irvine J No Comments Tags: Asylum and immigration, Financial regulation, Limitation of actions
O’Hara v. ACC Bank PLC [2011] IEHC 367 (7 October 2011)
High Court (Charleton J) a) dismisses action by one plaintiff, on the grounds that the matter had already been substantially dealt with by the Financial Services Ombudsman; and b) refuses application to dismiss claim by another plaintiff, on the grounds that it was not statute-barred. (Full text.)
Application to dismiss proceedings – purchase of “Solid World Bond” with borrowed money – money lent by defendant bank – bond marketed by defendant bank – loss of money when bond “underperformed” – whether issue of liability already determined by Financial Services Ombudsman (FSO) – whether More
By Mark Tottenham BL in Irvine J No Comments Tags: Child abduction
G R v. D McC [2011] IEHC 304 (19 July 2011)
High Court (Irvine J) declines application to return child to South Carolina under Hague Convention. (Full text.)
Child abduction – Hague Convention – whether return of child would expose her to physical or psychological harm – whether child had reached age and maturity such that court should take account of her objection to being returned – whether child’s views alone were sufficient to refuse to return her – likelihood of respondent being imprisoned on return.
T.M,M. v. M.D. [2000] 1 I.R. 149
S. v. S. (Child Abduction) (Child’s Views) [1993] 1 Fam. 242
E (Children) (FC) [2011] U.K.S.C. 27
By Mark Tottenham BL in Irvine J No Comments Tags: Medical negligence, Personal injuries
Corrigan v. Health Services Executive [2011] IEHC 305 (22 July 2011)
High Court (Irvine J) dismisses claim for damages for personal injury arising from fall in psychiatric hospital. (Full text.)
Personal injuries – fall in psychiatric hospital – injury to shoulder – failure to provide “one-to-one” nursing care – negligence – causation – whether nursing care of standard that no practitioner of equal status or skill would have provided – whether “one-to-one” nursing care would have prevented fall.
Dunne v. The National Maternity Hospital [1989] I.R. 91