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PostPosted: Fri Dec 01, 2017 2:08 am 
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The engineers, the judge said, disagreed that these findings made the tiles inappropriate for use in the porch area.
Mr Justice Barr said he was satisfied that in all the circumstances the tiles were inappropriate for use in an exterior porch and that the use of the tiles rendered the house unfit for human habitation.


Am I being thick or does that not say the engineers said the tiles were fine, if a bit slippy sometimes, but the judge disagreed and thought they made the house unsafe for human habitation? :lol: :lol:


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PostPosted: Fri Dec 01, 2017 8:44 am 
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That is magnificent.


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PostPosted: Fri Dec 01, 2017 9:30 am 
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Come on AJ give us a laugh - defend 110 grand for a drunk man slipping on porch tiles


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PostPosted: Fri Dec 01, 2017 9:41 am 
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https://www.independent.ie/irish-news/j ... 69387.html

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The President of the High Court has directed that a website involved in a practice known as "claims harvesting" be shut down.
Mr Justice Peter Kelly made orders over a website called http://www.personalinjurysolicitorsdublin.info.
The Judge said he was satisfied to make orders after finding that any person who read the contents of the website would believe that they were dealing with a service that could only be offered by solicitors.

The orders were made against businessman, David Smyth and a firm he is a director of called Agenda Computers, both with an address at Eldon, St Johns Hill. Waterford, who the Law Society of Ireland said had operated the website.
The Society sought the orders against Mr Smyth, who is not a qualified solicitor, and the company on the grounds the website contained statements that are in breach of the advertising provisions of Solicitors Acts, in particular soliciting and encouraging the making of Personal Injury claims.

It claimed that Mr Smyth appeared to providing legal advice and was pretending that he was a solicitor and that there was a firm called Personal Injury Solicitor's Dublin, when he was not a solicitor and there was no such firm.
'Claims Harvesting' is a practice where information on potential litigants in personal injuries claims is passed on to third-party legal firms by someone connected to the website operator.

These sites encourage and appear to solicit people making personal injuries claims.
Represented by Paul Anthony McDermott SC instructed by McDowell Purcell solicitors the society said investigators on its behalf while looking into the practice of claims harvesting called a number on the website.

The investigators got calls back asking for personal details. Sometime later the investigators received a call, this time from solicitors who got referrals from the website.

It was through this investigation that lead the Law Society to Mr Smyth and his company.

Mr Smyth and Agenda had opposed some of orders being made against him including one directing that the website to be removed, and had consented to others. Mr Smyth gave evidence that he had sold the website to a solicitor a few days before the hearing.
Mr Justice Kelly was satisfied to grant the orders sought sought by the Law Society.

He noted the website contained many statements including "You should choose well trained and fully experienced associate solicitors of Personal Injury Solicitors Dublin because simply we get you what you deserve," or "No Win No Fee talk to us without obligation" and "Let our associate Personal Injuries Solicitors help you keep 100% of your compensation."
The Judge said while the website did include a disclaimer "in small print" which "appeared to be written by somebody who first language was not English" any person who read the website would believe they "were getting in contact with a solicitor."

"No other inference could be drawn," Mr Justice Kelly said adding that the website would also lead people to believe that not only was it offering the services of expert personal injury lawyers but also lawyers who specialised in certain types of injuries such as whiplash.
The Judge said the sale of the website by Mr Smyth for €6,000 was also "curious" as initially he did not wish to identify the buyer, who it was learned was to a solicitor who practices in both Ireland and Northern Ireland.

The sale concerning the website was also to be governed not by Irish but by UK law, the Judge also noted.


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PostPosted: Fri Dec 01, 2017 9:45 am 
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He admits to 5 pints, how many does that mean in reality?

Personally, if I acknowledged having 5 drinks that would mean at least 8 or 9.


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PostPosted: Fri Dec 01, 2017 9:47 am 
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Tschussie wrote:
He admits to 5 pints, how many does that mean in reality?

Personally, if I acknowledged having 5 drinks that would mean at least 8 or 9.


But the house wasn’t fit for human habitation :lol:


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PostPosted: Fri Dec 01, 2017 9:49 am 
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How many hundreds of thousands of houses with mosaic tiles throughout the world will now need to be condemned as unfit for human habitation thanks to this visionary high court judge


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PostPosted: Fri Dec 01, 2017 9:54 am 
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Have to read the judgment to be able to comment on it.

There may well be allegations of negligent installation, etc.


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PostPosted: Fri Dec 01, 2017 10:01 am 
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anonymous_joe wrote:
Have to read the judgment to be able to comment on it.

There may well be allegations of negligent installation, etc.


Sure give him 200 grand


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PostPosted: Fri Dec 01, 2017 10:03 am 
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normilet wrote:
https://www.independent.ie/irish-news/judge-orders-claims-harvesting-website-be-shut-down-36369387.html

Semi Related:

Quote:
The President of the High Court has directed that a website involved in a practice known as "claims harvesting" be shut down.
Mr Justice Peter Kelly made orders over a website called http://www.personalinjurysolicitorsdublin.info.
The Judge said he was satisfied to make orders after finding that any person who read the contents of the website would believe that they were dealing with a service that could only be offered by solicitors.

The orders were made against businessman, David Smyth and a firm he is a director of called Agenda Computers, both with an address at Eldon, St Johns Hill. Waterford, who the Law Society of Ireland said had operated the website.
The Society sought the orders against Mr Smyth, who is not a qualified solicitor, and the company on the grounds the website contained statements that are in breach of the advertising provisions of Solicitors Acts, in particular soliciting and encouraging the making of Personal Injury claims.

It claimed that Mr Smyth appeared to providing legal advice and was pretending that he was a solicitor and that there was a firm called Personal Injury Solicitor's Dublin, when he was not a solicitor and there was no such firm.
'Claims Harvesting' is a practice where information on potential litigants in personal injuries claims is passed on to third-party legal firms by someone connected to the website operator.

These sites encourage and appear to solicit people making personal injuries claims.
Represented by Paul Anthony McDermott SC instructed by McDowell Purcell solicitors the society said investigators on its behalf while looking into the practice of claims harvesting called a number on the website.

The investigators got calls back asking for personal details. Sometime later the investigators received a call, this time from solicitors who got referrals from the website.

It was through this investigation that lead the Law Society to Mr Smyth and his company.

Mr Smyth and Agenda had opposed some of orders being made against him including one directing that the website to be removed, and had consented to others. Mr Smyth gave evidence that he had sold the website to a solicitor a few days before the hearing.
Mr Justice Kelly was satisfied to grant the orders sought sought by the Law Society.

He noted the website contained many statements including "You should choose well trained and fully experienced associate solicitors of Personal Injury Solicitors Dublin because simply we get you what you deserve," or "No Win No Fee talk to us without obligation" and "Let our associate Personal Injuries Solicitors help you keep 100% of your compensation."
The Judge said while the website did include a disclaimer "in small print" which "appeared to be written by somebody who first language was not English" any person who read the website would believe they "were getting in contact with a solicitor."

"No other inference could be drawn," Mr Justice Kelly said adding that the website would also lead people to believe that not only was it offering the services of expert personal injury lawyers but also lawyers who specialised in certain types of injuries such as whiplash.
The Judge said the sale of the website by Mr Smyth for €6,000 was also "curious" as initially he did not wish to identify the buyer, who it was learned was to a solicitor who practices in both Ireland and Northern Ireland.

The sale concerning the website was also to be governed not by Irish but by UK law, the Judge also noted.


Can the solicitors who availed of the site be done too? I do like that at least one of them was essentially 'fined' €6000 though.


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PostPosted: Fri Dec 01, 2017 10:04 am 
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It's a breach of their code of conduct to so advertise. Would presumably lead to some sanction against them.


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PostPosted: Fri Dec 01, 2017 10:08 am 
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anonymous_joe wrote:
It's a breach of their code of conduct to so advertise. Would presumably lead to some sanction against them.


Can that case be brought against them though? Surely it would need to be proven that they had a hand in the advertising as opposed to availing of it.

For example, if I call you up and say I have a client who has a claim and I'll hand over the details for a sum of money, is that in itself against the code of conduct?


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PostPosted: Fri Dec 01, 2017 10:13 am 
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From the mr. slippy story - what are we to make of this horseshit?
Quote:
Having regard to the fact this is a man who has worked in manual labouring jobs all his life, I decline to make any adverse finding against him having regard to the level of alcohol consumed by him that day


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PostPosted: Fri Dec 01, 2017 10:26 am 
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Gavin Duffy wrote:
From the mr. slippy story - what are we to make of this horseshit?
Quote:
Having regard to the fact this is a man who has worked in manual labouring jobs all his life, I decline to make any adverse finding against him having regard to the level of alcohol consumed by him that day


Couldn't get my head around that at all. Was he saying that because he was a manual labourer he could take his drink or because he was one he was likely less clumsy/more balanced than others.

Bizarre either way.


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PostPosted: Fri Dec 01, 2017 10:30 am 
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It sounds like the type of comment you wouldn't be very happy for someone to make about you. Extremely patronising at best. 105k will soften the blow.


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PostPosted: Fri Dec 01, 2017 10:33 am 
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Had to learn a bit about tiles when I went into this property gig and in a porch I sometimes used swimming pool grade.
Grade 10 I believe is considered non slip, always went for 11 myself.


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PostPosted: Fri Dec 01, 2017 10:38 am 
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Gavin Duffy wrote:
From the mr. slippy story - what are we to make of this horseshit?
Quote:
Having regard to the fact this is a man who has worked in manual labouring jobs all his life, I decline to make any adverse finding against him having regard to the level of alcohol consumed by him that day


He’s used to working in difficult and slippery conditions and the fact he’d likely smashed down way more than 5 pints of whisky should in no way have impaired his ability to judge and handle a slippery surface.


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PostPosted: Fri Dec 01, 2017 10:39 am 
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CM11 wrote:
Gavin Duffy wrote:
From the mr. slippy story - what are we to make of this horseshit?
Quote:
Having regard to the fact this is a man who has worked in manual labouring jobs all his life, I decline to make any adverse finding against him having regard to the level of alcohol consumed by him that day


Couldn't get my head around that at all. Was he saying that because he was a manual labourer he could take his drink or because he was one he was likely less clumsy/more balanced than others.

Bizarre either way.

The logical conclusion is that the judge is a moron.

Do judges get any training on how to critically evaluate evidence, about cognitive biases, how to tell when someone is lying/acting? Are they assessed for skills and training in 'judging' as part of the appointment process? And so on, and so forth. I suspect not.


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PostPosted: Fri Dec 01, 2017 10:44 am 
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anonymous_joe wrote:
Have to read the judgment to be able to comment on it.

There may well be allegations of negligent installation, etc.

You'd want to get in early.

There'll be heavy demand for that judgement. Every lawyer in the country will be ordering their own copy.

A nice Christmas present for them.


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PostPosted: Fri Dec 01, 2017 10:52 am 
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camroc1 wrote:
anonymous_joe wrote:
Have to read the judgment to be able to comment on it.

There may well be allegations of negligent installation, etc.

You'd want to get in early.

There'll be heavy demand for that judgement. Every lawyer in the country will be ordering their own copy.

A nice Christmas present for them.

I doubt it.

Statto - it always depends on context. The Law Society prohibits solicitors from what's known as claim-harvesting. If solicitors are involved, they'll be punished. That's a separate process to the court case, it goes through their own disciplinary process (not much fun to appear in front of) and depending on the sanction would be ratified by the President of the High Court if necessary.

Most solicitors here strongly disapprove of this kind of approach. It leads to the development of national-sized PI firms as is the case in England that are run in a manner which would leave a lot to be desired.


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PostPosted: Fri Dec 01, 2017 4:23 pm 
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That’s an unfortunate headline considering the context of the story.

https://www.irishtimes.com/news/crime-a ... 4?mode=amp


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PostPosted: Fri Dec 01, 2017 4:33 pm 
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I've seen documentaries about that. Wimmin love when their massages turn all touchy, apparently.


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PostPosted: Fri Dec 01, 2017 4:56 pm 
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So I've been doing that wrong all these years.


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PostPosted: Fri Dec 01, 2017 4:57 pm 
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I've seen this before:

Quote:
before kissing her bare bottom and saying he “just couldn’t help himself”.


Image


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PostPosted: Fri Dec 01, 2017 9:40 pm 
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Nolanator wrote:
I've seen documentaries about that. Wimmin love when their massages turn all touchy, apparently.


there's something in there about texting and haptic feedback, but I've had a few too many G&T's already and can't be arsed really...


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PostPosted: Wed Dec 06, 2017 8:09 pm 
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https://m.independent.ie/irish-news/cou ... 84663.html

:roll:


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PostPosted: Wed Dec 06, 2017 10:35 pm 
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https://independent.ie/irish-news/court ... 85088.html

:roll: how long did Tom Humphries get again?


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PostPosted: Wed Dec 06, 2017 11:06 pm 
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Flametop wrote:
https://independent.ie/irish-news/courts/grandfather-44-caught-with-equipment-capable-of-making-fake-driving-licences-and-tax-discs-jailed-36385088.html

:roll: how long did Tom Humphries get again?

Do you want tax and theft offences measured on the same scale as sexual offences? :lol:


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PostPosted: Wed Dec 06, 2017 11:09 pm 
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anonymous_joe wrote:
Flametop wrote:
https://independent.ie/irish-news/courts/grandfather-44-caught-with-equipment-capable-of-making-fake-driving-licences-and-tax-discs-jailed-36385088.html

:roll: how long did Tom Humphries get again?

Do you want tax and theft offences measured on the same scale as sexual offences? :lol:


I want punishments to fit the seriousness of crimes.

:roll:


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PostPosted: Wed Dec 06, 2017 11:45 pm 
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Get on to your TD then.


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PostPosted: Thu Dec 07, 2017 8:58 pm 
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This should be a life sentence with no parole.

Continual physical and mental torture for seven years FFS.

http://www.thejournal.ie/uncle-rape-cas ... 3-Dec2017/

“He acknowledged that the probation services classed the defendant at a low risk of re-offending, but noted that during interview he was very guarded in relation to his past sexual history, and showed no insight into his wrongdoing.

That’s a very obvious and clear contradiction right there and the first premise should be dismissed as idiotic based on the latter.


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PostPosted: Sat Dec 09, 2017 12:11 pm 
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Another win for the good guys:

https://www.independent.ie/irish-news/c ... 92285.html


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PostPosted: Sat Dec 09, 2017 2:57 pm 
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EverReady wrote:

That is shocking. The judge should be sacked, over ruling experts because he disagrees.

There are building regs for a reason.


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PostPosted: Sat Dec 09, 2017 5:33 pm 
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earl the beaver wrote:
EverReady wrote:

That is shocking. The judge should be sacked, over ruling experts because he disagrees.

There are building regs for a reason.



You do of course realise that the judge agreed with some of the engineers. Though it does look like a terrible ruling based on that article in the independent.


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PostPosted: Sat Dec 09, 2017 5:39 pm 
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Mr Justice Barr said he was satisfied that in all the circumstances the tiles were inappropriate for use in an exterior porch and that the use of the tiles rendered the house unfit for human habitation.

The judge accepted Mr Keegan’s evidence that on leaving his house on the way to the funeral he noticed the porch mat was wet and he put it on the side gate to dry


Unfit for human habitation :lol: :lol: :lol: :lol:

Jesus f**king wept. Judge needs to go immediately. What if the council win the appeal, does the €30k to be paid out immediately have to be returned?


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PostPosted: Sat Dec 09, 2017 6:02 pm 
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danthefan wrote:
Quote:
Mr Justice Barr said he was satisfied that in all the circumstances the tiles were inappropriate for use in an exterior porch and that the use of the tiles rendered the house unfit for human habitation.

The judge accepted Mr Keegan’s evidence that on leaving his house on the way to the funeral he noticed the porch mat was wet and he put it on the side gate to dry


Unfit for human habitation :lol: :lol: :lol: :lol:

Jesus f**king wept. Judge needs to go immediately. What if the council win the appeal, does the €30k to be paid out immediately have to be returned?

Yup.

If you read the judgment, you'll discover they replaced similar tiles in a neighbour's gaff after something similar happened.


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PostPosted: Sat Dec 09, 2017 6:03 pm 
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anonymous_joe wrote:
danthefan wrote:
Quote:
Mr Justice Barr said he was satisfied that in all the circumstances the tiles were inappropriate for use in an exterior porch and that the use of the tiles rendered the house unfit for human habitation.

The judge accepted Mr Keegan’s evidence that on leaving his house on the way to the funeral he noticed the porch mat was wet and he put it on the side gate to dry


Unfit for human habitation :lol: :lol: :lol: :lol:

Jesus f**king wept. Judge needs to go immediately. What if the council win the appeal, does the €30k to be paid out immediately have to be returned?

Yup.

If you read the judgment, you'll discover they replaced similar tiles in a neighbour's gaff after something similar happened.


One hundred and five thousand euro.


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PostPosted: Sun Dec 10, 2017 5:48 pm 
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Ankle breaks are pretty expensive tbh. It's one of the slowest injuries to recover fully, if it will. Likelihood would be permanent inability to stand, walk or run properly. Not surprising you see high damages.

It may well get knocked on appeal.


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PostPosted: Sun Dec 10, 2017 5:53 pm 
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anonymous_joe wrote:
Ankle breaks are pretty expensive tbh. It's one of the slowest injuries to recover fully, if it will. Likelihood would be permanent inability to stand, walk or run properly. Not surprising you see high damages.

It may well get knocked on appeal.

Aye it's what 8 weeks off work, an estimated annual salary 682k for a manual labourer.


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PostPosted: Sun Dec 10, 2017 6:00 pm 
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earl the beaver wrote:
anonymous_joe wrote:
Ankle breaks are pretty expensive tbh. It's one of the slowest injuries to recover fully, if it will. Likelihood would be permanent inability to stand, walk or run properly. Not surprising you see high damages.

It may well get knocked on appeal.

Aye it's what 8 weeks off work, an estimated annual salary 682k for a manual labourer.

8 weeks off work for a badly fractured ankle...? :lol:

Given he lived in a council house I doubt he even worked.


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