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ASSISTED DECISION-MAKING - The Legality of ‘Ceiling of Care’ by Medical Professionals
A case was brought by the HSE to the High Court to determine the legality of medical professionals in refraining giving life-prolonging interventions against the will of a patient who has refused treatment despite his reduced capacity. The patient was aged 78 who had a history of severe depressive illness with psychotic features. Over the previous two years, the patient had become frail, sustained multiple serious fractures and serious weight loss. During this time, the pat
PAL Admin
Jun 33 min read
What Amounts to a Breach of a Written Contract
Put simply, a breach of contract happens when one party fails or refuses to perform what it is required to do under the contract. To establish a breach, it must be shown that there was an unambiguous obligation in the contract to perform. The language used in the contract will be scrutinised by a judge in determining what was actually agreed between the parties. Vague clauses will not assist. Binding Obligation To find a breach by a party, the contract must clearly stat
PAL Admin
Jun 32 min read
DEFAMATION LAW IN IRELAND
An Overview If a person or organisation makes an untrue comment or statement about another person, that person can sue for defamation. In say a work situation where you believed that a colleague did some act or omission that was not permitted regarding their work which might harm the business in some way and you felt obliged to report this to the employer, this would be a privileged statement . In doing so the protection only applies if you honestly believed that the stateme
PAL Admin
Mar 53 min read
WORKPLACE INJURY Employers Not Necessarily at Fault Where an Everyday Accident Occurs in the Workplace
A stable employee working in a racehorse trainer’s premises injured his back while emptying a wheelbarrow of horse dung into a dung heap. He claimed that the injury occurred while he was emptying a wheelbarrow on an upward incline of soiled hay while at work at the employer’s stables. The plaintiff/appellant had been tasked with filling 10–15 wheelbarrows of soiled hay from the horseboxes and then emptying those wheelbarrows into a dung heap each day. He was asked to throw l
PAL Admin
Feb 52 min read
Frequently Asked Questions on Compulsory Purchase Orders
What is a Compulsory Purchase Order (CPO)? A CPO is a legal order which allows certain statutory bodies, such as local authorities, which need to acquire land or property for large projects (e.g. road widening or Luas schemes) to do so without the consent of the owner where a compelling case in the public interest can be demonstrated. Compulsory purchase powers enable a local authority to acquire land, property, and other interests compulsorily to carry out their public func
PAL Admin
Jan 215 min read
An Overview to Medical Negligence Legal Costs in Ireland
In Ireland, the legal costs for medical negligence cases are among the highest in the world due to the protracted and adversarial nature of the claims process. In some cases, known as catastrophic , a huge payment or series of payments can be made and as a general rule, such multimillion Euro payments mean that legal fees are correspondingly higher. How Legal Costs in Medical Negligence cases Work "No Win No Fee" Arrangements: Many solicitors offer "no win no fee" arrang
PAL Admin
Jan 213 min read
Students' Eviction Disallowed Despite Damage Done by Friend
Two students (the complainants) who lived on UCC’s campus received notices to vacate following complaints that they were responsible for damage to the door of an adjacent apartment. Their tenancy agreement said: ‘Anti-social behaviour will not be tolerated and any student resident acting in this manner will be fined and may face eviction.’ On October 27th last, an incident was reported to the security guard at 10:30 pm. The guard had received a complaint from two girls in an
PAL Admin
Dec 9, 20252 min read
Conveyancing. Handshake Agreement Fails
The plaintiffs sought to enforce the sale of estate land in Co. Tipperary, which they claimed was concluded by a handshake between the...
PAL Admin
Oct 2, 20253 min read
DEFAMATION. Lack of Evidence Defeats Claim
A mother and daughter sought to change a pair of shoes in the Christian Louboutin Boutique in Brown Thomas. The daughter claimed that the...
PAL Admin
May 15, 20252 min read
MEDICAL NEGLIGENCE. Prescription Errors by your GP or Pharmacist: Does any Right of Action Arise?
Most people are familiar with medical negligence which involves an action against doctors, surgeons and perhaps the HSE itself. Risk...
PAL Admin
May 9, 20252 min read
Landlord Breached Rent Pressure Zone (RPZ)
The tenant moved into a three-bedroom house in Swords, Co. Dublin in 2019 and paid a rent of €1,900 a month. She never queried the rent...
PAL Admin
Feb 20, 20251 min read
PERSONAL INJURY Psychological Injuries
In February 2019, the plaintiff was injured from a terrifying fall and lengthy skid from his motorbike on a slip road driving onto the M1...
PAL Admin
Feb 6, 20253 min read
PERSONAL INJURIES - Slip, Trip and Fall Claims
A common injury that people have results from slipping or tripping on a road, pavement or inside a premises. Your local county council is...
PAL Admin
Feb 6, 20253 min read
Fallen Trees - who is responsible?
We are in the season of high winds and those with trees on their land could have damage claims against them where the trees or branches...
PAL Admin
Feb 6, 20252 min read
The Boundary of Expert Witnesses
The function of expert witnesses came in for scrutiny in a recent High Court case and the court re-stated the boundaries experts must...
PAL Admin
Nov 21, 20243 min read
Assisted Decision-Making
A case came before the Circuit Court to determine whether a family home could be transferred into the joint names of spouses where the...
PAL Admin
Nov 21, 20243 min read
ROAD SAFETY
E-Scooters With the increasing number of e-scooters on our roads, it is important for the users of these to be aware of the law and...
PAL Admin
Oct 30, 20242 min read
Landlord & Tenant
Statutory Renewal Rights An interesting case came before His Honour Judge John O’Connor in Dublin’s Circuit Court on 23 July 2024...
PAL Admin
Oct 9, 20242 min read
Misappropriation of Money
Undue influence on Dementia Parent From 2014, the deceased woman had been unable to manage her own affairs and one of her sons took...
PAL Admin
Oct 9, 20242 min read
Judge Warns of Home-made Wills
A case came before High Court Ms. Justice Stack who handles probate matters involving a home-made Will. Here it was evident that a Will...
PAL Admin
Jul 29, 20242 min read
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