By Mark Tottenham BL in Denham CJ No Comments Tags: Employment Law, Negligence, Personal injuries
Coffey v. Kavanagh [2012] IESC 19
(Supreme Court, Denham CJ (nem diss), 7 March 2012)
Supreme Court finds on appeal from High Court that employee was 25% responsible for own injury in workplace, and reduces award from €54,900 to €44,175. (Full text.)
Personal injuries – accident in workplace – trip and fall causing fracture of wrist – whether plaintiff responsible for own injury – cluttered work area – failure to provide safe place of work – repeated complaints by staff that area not More
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Assessment of damages, Easements, Negligence
Walsh v. South Tipperary County Council [2011] IEHC 503
(High Court, Clarke J, 9 December 2011)
High Court awards €150,000 to purchasers of land who relied on letter from local authority stating that road was public right-of-way. (Full text.)
Public rights of way – negligent mis-statement / misrepresentation – letter issued by local authority in respect of right of way – mistake in letter – letter sent to vendor of land – reliance by purchasers on letter – error in transposing More
By Mark Tottenham BL in Peart J No Comments Tags: Negligence, Taxation
Tobin v. Foley [2011] IEHC 432
(High Court, Peart J, 22 November 2011)
High Court grants order that respondent was liable to a revenue penalty of €102,460 for negligently submitting an incorrect CGT return. (Full text.)
Taxation – Sections 1053 and 1077B(3), Taxes Consolidation Act, 1997 – whether respondent liable to penalty for negligently submitting an incorrect Capital Gains Tax return – sale of licensed premises – prior determination of revenue’s 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 Laffoy J No Comments Tags: Fisheries, Legitimate expectation, Negligence
Bates v. Minister for Agriculture [2011] IEHC 429
(High Court, Laffoy J, 15 November 2011)
High Court awards plaintiff fishermen €49,600 in damages for negligent misstatement, after department official incorrectly informed them that they were entitled to fish for scallops in French waters. (Full text.)
Claim against Minister in misrepresentation, negligence and breach of duty – fishermen – fishing for scallops – licence for sea-fishing boat – s. 222B of the Fisheries (Consolidation) Act 1959 – information from sea fishery officer that More
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 Dunne J No Comments Tags: Fraud, Guarantees, Mortgages, Negligence
Anglo Irish Bank Corporation Ltd v. Collins [2011] IEHC 385
(High Court, Dunne J, 13 July 2011)
High Court grants judgment to plaintiff bank in the sum of €6,882,970.06 in respect of loan and guarantee agreement. (Full text.)
Loan facilities – guarantees – ex turpi causa non oritur actio – whether plaintiff bank entitled to rely on guarantees – s 2(2)(c), Criminal Justice (Theft and Fraud Offences) Act 2001 – alterations made to guarantees by solicitor for bank – alteration to description of parties – word “guarantor” substituted for “borrower” – whether alteration affected business effect of More
By Mark Tottenham BL in McGovern J No Comments Tags: Assessment of damages, Negligence, Personal injuries
Murphy -v- County Galway Motor Club Ltd [2011] IEHC 135 (McGovern J, 6 April 2011)
High Court awards €199,166 to spectator who lost leg following accident at motor rally, assessing general damages at €200,000, special damages at €397,498, and reduced by one-third for contributory negligence. (Full text.)
Personal injuries – spectator at motor rally – amputation of leg – lacerations to hand and arm – negligence in organisation, conduct and supervision of rally – reasonable care for safety of spectators – whether area of accident hazardous – whether warnings should have been given – contributory negligence – regard to Book of Quantum – general damages – loss of earnings to date and into the future.
By Mark Tottenham BL in Feeney J No Comments Tags: Negligence, Public House
Flanagan -v- Houlihan [2011] IEHC 105 (Feeney J, 4 March 2011)
High Court dismisses third party action against publican alleging negligence in serving alcohol to driver prior to road traffic accident. (Full text.)
Personal injuries – road traffic accident – third party action – claim against publican for serving alcohol to driver and failing to prevent him driving a motor vehicle – Part 2 of Intoxicating Liquor Act 2003 – “drunken person” – evolution of the law of tort – negligence – foreseeable injury – approach of other common law jurisdictions to liability of alcohol providers – responsibility of reasonable adult for own actions in consuming alcoholic drink.
Hussey v. Twomey & Ors. [2009] IESC 1
Joy v. Newell (t/a Copper Room) [2000] NI 91 (CA (NI))
Jordan House v. Menow [1974] S.C.R. 239
O’Keeffe v. Hickey and Ors. [2009] 2 I.R. 302
Sinnott v. Minister for Education [2001] 2 I.R. 545
T.D. v. Minister for Education [2001] 4 I.R. 259
McGee v. Chalfont (806 p. 2d 980 [1991] (KAN)
Leppeke Seguara 632 p. 2d 1057 [1981] (COLO)
Barrett v. Ministry of Defence [1995] 1 WLR 1217
Jebson v. Ministry for Defence [2000] 1 WLR 2055
Griffiths v. Brown [1998] The Times, October 23 (QBD)
Cole v. South Tweed Heads Rugby League Football Club Ltd. and Anor. [2004] HCA 29
C.A.L. No. 14 Pty Ltd. t/a Tandara Motor Inn and Ors. v. Motor Accidents Insurance Board [2009] HCA 47
Adeels Palace Pty. Ltd. v. Moubarak [2009] HCA 42
Hall v. Kennedy and Rudledge t/a The White House (Unreported, High Court, 20th December, 1993)
Bridie Murphy v. Phyllis O’Brien (1987) 6 1LT (ns) 75
Walsh v. Ryan (Unreported, Lavan J., 12th February, 1993)
Murphy v. Ballyclough Co-Operative Creamery Ltd. and Ors. (Unreported, High Court, 27th February, 1988)
Breslin v. Corcoran [2003] 2 I.R. 203
By Mark Tottenham BL in Murphy J No Comments Tags: Assessment of damages, Negligence, Nuisance
Gilmore & Anor -v- Galway County Council & Ors [2010] IEHC 483 (Murphy J, 9 November 2010)
High Court awards €102,780 to one plaintiff and €75,055 to another plaintiff in respect of damage to buildings from excavation works by local authority. (Click here for full text.)
Negligence – nuisance – easement of support – excavation of trench – damage to premises – trespass to premises – admission of liability – assessment of damages – claim for loss of rent – cost of reinstatement – consequential losses – whether foreseeable – reasonableness of reinstatement – state of premises prior to damage.
O’Mahony v. Ford [1962] I.R. 146
Harbutts “Plasticine” v. Wayne Tank & Pump Co. Ltd. (1970) 1 Q.B. 447
Munnelly v. Calcon Ltd. [1978] I.R. 387
Leahy v. Rawson [2004] 3 I.R. 1
Ruxley Electronics and Construction Ltd. v. Forsyth [1996] 1 A.C. 344