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Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 12:15 pm
by Duff Paddy
The Sun God wrote:
Uncle Fester wrote:'I'm under so much stress and heartache' - woman who helped at scene of Buncrana pier drowning lodges damages claim

https://www.independent.ie/irish-news/i ... 47910.html

What. A. Scumbag.
Good God, what a vile cnut. That scum of a lawyer should have some manners put on him also.
Hopefully there’s a boycott of Barr and Co, they should pay for this too

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 12:28 pm
by Onelostbear
I wonder did her solicitors bring the action against the Co Co first, who in turn are now looking to join the family in the action and thus bring the motor insurers into play?

So she may not have been aware that the family would be included.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 12:45 pm
by Flametop
Either way she is a parasite.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 12:54 pm
by feckwanker
What a stupid, stupid person.


What kind of way did she think this was going to be received by the general public? She'll be blacklisted from every establishment in Donegal.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 1:39 pm
by nardol
What are the odds that the solicitors are working on a no win no fee basis?

edit: based in Derry.... shocked.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 2:35 pm
by lorcanoworms
CM11 wrote:
Uncle Fester wrote:'I'm under so much stress and heartache' - woman who helped at scene of Buncrana pier drowning lodges damages claim

https://www.independent.ie/irish-news/i ... 47910.html

What. A. Scumbag.
Journal article mentions that she'd been told others were making a quick buck off the incident so she wanted in on the action. I'd like to believe her that she didn't know the family would be involved but she needs to fire her solicitor if that really is the case and either way, it's not a great look.
Everybody except the guy who actually swam and rescued the baby is suing.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 4:50 pm
by camroc1
Because, very tragically I agree, some idiot drove his car half way down a slipway and parked on the slime of the intertidal zone, and then couldn't drive out again when the tide started coming in, and up. The structure is called a slipway for a reason.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 5:49 pm
by Uncle Fester
I'm hoping that the claim others are doing it is just her trying to share the heat.

I can understand the need for counseling after witnessing such an awful tragedy but the notion of trying to slap any sort of bill on anybody, let alone the grieving family is unspeakably ignorant.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 5:56 pm
by anonymous_joe
We all forgotten about car insurance? One would presume that's the target.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 5:59 pm
by Tschussie
How much could someone hope to earn from such a claim? It'll never be enough to buy a new reputation.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 6:03 pm
by camroc1
anonymous_joe wrote:We all forgotten about car insurance? One would presume that's the target.
On what basis though ?

The lawyers surely aren't trying to argue that people have a responsibility not to die tragically, in other to save others stress and distress ?

That's ludicrous, and ambulance chasing at its worst.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 6:07 pm
by Liathroidigloine
camroc1 wrote:
anonymous_joe wrote:We all forgotten about car insurance? One would presume that's the target.
On what basis though ?

The lawyers surely aren't trying to argue that people have a responsibility not to die tragically, in other to save others stress and distress ?

That's ludicrous, and hearse chasing at its worst.
Fixed

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 6:10 pm
by Gavin Duffy
The driver was drunk iirc.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 7:17 pm
by nardol
I don't know common law but under Dutch law to be eligible for compensation in such a circumstance you would need to prove you were treated 'onrechtmatig' which translates loosely to unjustly. You would have a hard time proving that as simply witnessing something is not someone behaving unjustly towards you, it requires an action or deliberate inaction resulting in harm.

On a side note the eggshell skull rule is also creeping into Dutch law which is a major step back. Its one of the major causes of inflating compensation IMO as when anyone is in line for a payout they become a mentally as strong as jelly and develop spontaneous whiplash.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 10:03 pm
by anonymous_joe
camroc1 wrote:
anonymous_joe wrote:We all forgotten about car insurance? One would presume that's the target.
On what basis though ?

The lawyers surely aren't trying to argue that people have a responsibility not to die tragically, in other to save others stress and distress ?

That's ludicrous, and ambulance chasing at its worst.
One can presume that the persons who saw a family drown are going to allege they have suffered psychological injuries. In that context, their only avenue for pursuing compensation for such injuries would be to sue whosoever caused the accident.

I can only speculate that there would be disagreement between whether the CC or the driver would be at fault.

If a person has clear psychs, it's not that surprising an action. It's not as though the family suffer, the insurance will cover this.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 10:04 pm
by Gavin Duffy
anonymous_joe wrote:
camroc1 wrote:
anonymous_joe wrote:We all forgotten about car insurance? One would presume that's the target.
On what basis though ?

The lawyers surely aren't trying to argue that people have a responsibility not to die tragically, in other to save others stress and distress ?

That's ludicrous, and ambulance chasing at its worst.
One can presume that the persons who saw a family drown are going to allege they have suffered psychological injuries. In that context, their only avenue for pursuing compensation for such injuries would be to sue whosoever caused the accident.

I can only speculate that there would be disagreement between whether the CC or the driver would be at fault.

If a person has clear psychs, it's not that surprising an action. It's not as though the family suffer, the insurance will cover this.
You really are shameless parasites.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 10:11 pm
by camroc1
anonymous_joe wrote:
camroc1 wrote:
anonymous_joe wrote:We all forgotten about car insurance? One would presume that's the target.
On what basis though ?

The lawyers surely aren't trying to argue that people have a responsibility not to die tragically, in other to save others stress and distress ?

That's ludicrous, and ambulance chasing at its worst.
One can presume that the persons who saw a family drown are going to allege they have suffered psychological injuries. In that context, their only avenue for pursuing compensation for such injuries would be to sue whosoever caused the accident.

I can only speculate that there would be disagreement between whether the CC or the driver would be at fault.

If a person has clear psychs, it's not that surprising an action. It's not as though the family suffer, the insurance will cover this.
My great fat hairy arse !

:lol: :lol:

So living life causes psychological injuries ? This is tosh of the most laughable kind, encouraged by the legal-medico-insurance cabal to keep the fat fees flowing.

PS. Can I sue for the psychological trauma of seeing real life accidents, in which real people died, replayed on TV ?

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 10:15 pm
by anonymous_joe
As per the law surrounding Hillsborough, only if you knew somebody involved.

Are you really that surprised that somebody who watched a family die during a failed rescue attempt might suffer psychologically afterwards? That's hardly a surprise.

And all of this is pure speculation on my part, but it would seem the most logical cause of action.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 10:20 pm
by camroc1
anonymous_joe wrote:As per the law surrounding Hillsborough, only if you knew somebody involved.

Are you really that surprised that somebody who watched a family die during a failed rescue attempt might suffer psychologically afterwards? That's hardly a surprise.

And all of this is pure speculation on my part, but it would seem the most logical cause of action.
I don't have a problem with that bit, as I said that's life. Having the legal right to sue someone for simply witnessing what is an awful tragedy beggars belief though.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Tue Mar 27, 2018 10:32 pm
by Onelostbear

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 9:11 am
by anonymous_joe
camroc1 wrote:
anonymous_joe wrote:As per the law surrounding Hillsborough, only if you knew somebody involved.

Are you really that surprised that somebody who watched a family die during a failed rescue attempt might suffer psychologically afterwards? That's hardly a surprise.

And all of this is pure speculation on my part, but it would seem the most logical cause of action.
I don't have a problem with that bit, as I said that's life. Having the legal right to sue someone for simply witnessing what is an awful tragedy beggars belief though.
https://www.independent.ie/irish-news/ ... 51717.html

There's the family's view.

Are you saying that if you watched your family get killed by an errant driver your inevitable psychological damage should just be accepted? That's a bit of a reach.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 9:14 am
by Mullet 2
anonymous_joe wrote:
camroc1 wrote:
anonymous_joe wrote:We all forgotten about car insurance? One would presume that's the target.
On what basis though ?

The lawyers surely aren't trying to argue that people have a responsibility not to die tragically, in other to save others stress and distress ?

That's ludicrous, and ambulance chasing at its worst.
One can presume that the persons who saw a family drown are going to allege they have suffered psychological injuries. In that context, their only avenue for pursuing compensation for such injuries would be to sue whosoever caused the accident.

I can only speculate that there would be disagreement between whether the CC or the driver would be at fault.

If a person has clear psychs, it's not that surprising an action. It's not as though the family suffer, the insurance will cover this.

Something is very rotten in our legal state of Denmark.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 9:16 am
by camroc1
anonymous_joe wrote:
camroc1 wrote:
anonymous_joe wrote:As per the law surrounding Hillsborough, only if you knew somebody involved.

Are you really that surprised that somebody who watched a family die during a failed rescue attempt might suffer psychologically afterwards? That's hardly a surprise.

And all of this is pure speculation on my part, but it would seem the most logical cause of action.
I don't have a problem with that bit, as I said that's life. Having the legal right to sue someone for simply witnessing what is an awful tragedy beggars belief though.
https://www.independent.ie/irish-news/ ... 51717.html

There's the family's view.

Are you saying that if you watched your family get killed by an errant driver your inevitable psychological damage should just be accepted? That's a bit of a reach.
I'd suffer the same psychological trauma if I saw them killed by a bolt of lightning or a freak wave. Unfortunately since neither the heavens nor the seas carry insurance so I doubt any firm of solicitors would try sueing. No pot to pay their fees.

Accidents are accidents.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 9:23 am
by feckwanker
camroc1 wrote:
anonymous_joe wrote:
camroc1 wrote:
anonymous_joe wrote:As per the law surrounding Hillsborough, only if you knew somebody involved.

Are you really that surprised that somebody who watched a family die during a failed rescue attempt might suffer psychologically afterwards? That's hardly a surprise.

And all of this is pure speculation on my part, but it would seem the most logical cause of action.
I don't have a problem with that bit, as I said that's life. Having the legal right to sue someone for simply witnessing what is an awful tragedy beggars belief though.
https://www.independent.ie/irish-news/ ... 51717.html

There's the family's view.

Are you saying that if you watched your family get killed by an errant driver your inevitable psychological damage should just be accepted? That's a bit of a reach.
I'd suffer the same psychological trauma if I saw them killed by a bolt of lightning or a freak wave. Unfortunately since neither the heavens nor the seas carry insurance so I doubt any firm of solicitors would try sueing. No pot to pay their fees.

Accidents are accidents.
+1

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 9:27 am
by Duff Paddy
If a person has clear psychs, it's not that surprising an action. It's not as though the family suffer, the insurance will cover this.
You cannot be serious

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 9:54 am
by anonymous_joe
Of course I'm serious. If the person can show that their injuries were caused by the actions of the deceased, and there's a duty of care and standard of care, then they can claim against the deceased's estate, and - by extension - the insurance policy.

This is one of the reasons we're all required to have insurance to drive. It means that in a situation such as this, a person who has suffered injuries can sue without the difficult choice of ignoring their own injuries or suing the family of a deceased person.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 9:59 am
by Duff Paddy
anonymous_joe wrote:Of course I'm serious. If the person can show that their injuries were caused by the actions of the deceased, and there's a duty of care and standard of care, then they can claim against the deceased's estate, and - by extension - the insurance policy.

This is one of the reasons we're all required to have insurance to drive. It means that in a situation such as this, a person who has suffered injuries can sue without the difficult choice of ignoring their own injuries or suing the family of a deceased person.
I meant about the family suffering

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 10:02 am
by Uncle Fester
Duff Paddy wrote:
If a person has clear psychs, it's not that surprising an action. It's not as though the family suffer, the insurance will cover this.
You cannot be serious
I witnessed the passing of this poor young fellow and helped his brother administer CPR before the ambulance came. Was fairly shook after.
https://www.irishtimes.com/news/man-23- ... 0?mode=amp

What a dope I was. Should have sued "somebody" to make myself feel better.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 10:06 am
by camroc1
anonymous_joe wrote:Of course I'm serious. If the person can show that their injuries were caused by the actions of the deceased, and there's a duty of care and standard of care, then they can claim against the deceased's estate, and - by extension - the insurance policy.

This is one of the reasons we're all required to have insurance to drive. It means that in a situation such as this, a person who has suffered injuries can sue without the difficult choice of ignoring their own injuries or suing the family of a deceased person.
And, like whiplash, the only measurable symptoms are entirely subjective and, given the very large sums at stake, prone to extreme exaggeration. I suspect mental trauma after viewing an accident is, like whiplash, a medical area that Ireland has more sufferers than any other country in the EU. Wasn't there a recent study that found that whiplash basically doesn't exist in France because there's no compo available for claiming you are suffering from it.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 10:06 am
by Tschussie
It's one of those attitudes that if we all adopted it then society would crumble.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 10:07 am
by anonymous_joe
Duff Paddy wrote:
anonymous_joe wrote:Of course I'm serious. If the person can show that their injuries were caused by the actions of the deceased, and there's a duty of care and standard of care, then they can claim against the deceased's estate, and - by extension - the insurance policy.

This is one of the reasons we're all required to have insurance to drive. It means that in a situation such as this, a person who has suffered injuries can sue without the difficult choice of ignoring their own injuries or suing the family of a deceased person.
I meant about the family suffering
Ah. Well in practical terms, the solicitor who is acting as the executor will be the person the insurer talks to. I can only presume that the real argument in this case will be as to whether this was the fault of the council or the driver. As far as I understand it, a number of cases have already been instituted in regards to this accident, and, there will be the necessity of an inquest as things stand.

This case will be unlikely to have anything to do with the family.

Furthermore, the family have - as per the Indo - demonstrated a degree of sensitivity and kindness to this woman. It would not appear that they bear any animus towards her.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 10:09 am
by camroc1
anonymous_joe wrote:
Duff Paddy wrote:
anonymous_joe wrote:Of course I'm serious. If the person can show that their injuries were caused by the actions of the deceased, and there's a duty of care and standard of care, then they can claim against the deceased's estate, and - by extension - the insurance policy.

This is one of the reasons we're all required to have insurance to drive. It means that in a situation such as this, a person who has suffered injuries can sue without the difficult choice of ignoring their own injuries or suing the family of a deceased person.
I meant about the family suffering
Ah. Well in practical terms, the solicitor who is acting as the executor will be the person the insurer talks to. I can only presume that the real argument in this case will be as to whether this was the fault of the council or the driver. As far as I understand it, a number of cases have already been instituted in regards to this accident, and, there will be the necessity of an inquest as things stand.

This case will be unlikely to have anything to do with the family.

Furthermore, the family have - as per the Indo - demonstrated a degree of sensitivity and kindness to this woman. It would not appear that they bear any animus towards her.
And what the fúck has that got to do with the price of a periwig ? Are you suggesting that the law be administered on the basis of sentiment ?

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 10:13 am
by anonymous_joe
What...?

I'm suggesting that the law exists to spare families the unpleasantness of engaging in a case where a dead family member's mistakes are litigated.

The woman alleges she suffered injuries caused by the negligence of another. She is more than entitled to sue if that is correct. That's what I'm suggesting.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Wed Mar 28, 2018 10:31 am
by Mullet 2
anonymous_joe wrote:Of course I'm serious. If the person can show that their injuries were caused by the actions of the deceased, and there's a duty of care and standard of care, then they can claim against the deceased's estate, and - by extension - the insurance policy.

This is one of the reasons we're all required to have insurance to drive. It means that in a situation such as this, a person who has suffered injuries can sue without the difficult choice of ignoring their own injuries or suing the family of a deceased person.

:lol: :lol: :lol:

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Mon Apr 02, 2018 10:43 am
by Leinster in London
on. It's not as though the family suffer, the insurance will cover this.
I'm interested in this insurance. I think I may have a problem because I may not be insured for this risk.
Which policy did he have ?
Was it part of his mobile phone insurance, or his household goods ?
That must be it, the lawyers arguing that the children are household goods.

Does anyone else have a policy that covers them for slipping down a slipway ?

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Mon Apr 02, 2018 10:52 am
by danthefan
Leinster in London wrote:
on. It's not as though the family suffer, the insurance will cover this.
I'm interested in this insurance. I think I may have a problem because I may not be insured for this risk.
Which policy did he have ?
Was it part of his mobile phone insurance, or his household goods ?
That must be it, the lawyers arguing that the children are household goods.

Does anyone else have a policy that covers them for slipping down a slipway ?
Public liability insurance of whoever maintained the slipway?
Car insurance of the deceased?

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Mon Apr 02, 2018 11:03 am
by Leinster in London
danthefan wrote:
Leinster in London wrote:
on. It's not as though the family suffer, the insurance will cover this.
I'm interested in this insurance. I think I may have a problem because I may not be insured for this risk.
Which policy did he have ?
Was it part of his mobile phone insurance, or his household goods ?
That must be it, the lawyers arguing that the children are household goods.

Does anyone else have a policy that covers them for slipping down a slipway ?
Public liability insurance of whoever maintained the slipway?
Car insurance of the deceased?
Well I struggle to see either accepting liability, and struggle to see a non-involved 3rd party being able to justify a case.
In the meantime the remaining family will have to pay €,000's of legal bills from their own pockets.

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Mon Apr 02, 2018 11:08 am
by anonymous_joe
Leinster in London wrote:
danthefan wrote:
Leinster in London wrote:
on. It's not as though the family suffer, the insurance will cover this.
I'm interested in this insurance. I think I may have a problem because I may not be insured for this risk.
Which policy did he have ?
Was it part of his mobile phone insurance, or his household goods ?
That must be it, the lawyers arguing that the children are household goods.

Does anyone else have a policy that covers them for slipping down a slipway ?
Public liability insurance of whoever maintained the slipway?
Car insurance of the deceased?
Well I struggle to see either accepting liability, and struggle to see a non-involved 3rd party being able to justify a case.
In the meantime the remaining family will have to pay €,000's of legal bills from their own pockets.
Why would the family have to pay legal fees?

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Mon Apr 02, 2018 11:44 am
by Leinster in London
anonymous_joe wrote:
Leinster in London wrote:
danthefan wrote:
Leinster in London wrote:
on. It's not as though the family suffer, the insurance will cover this.
I'm interested in this insurance. I think I may have a problem because I may not be insured for this risk.
Which policy did he have ?
Was it part of his mobile phone insurance, or his household goods ?
That must be it, the lawyers arguing that the children are household goods.

Does anyone else have a policy that covers them for slipping down a slipway ?
Public liability insurance of whoever maintained the slipway?
Car insurance of the deceased?
Well I struggle to see either accepting liability, and struggle to see a non-involved 3rd party being able to justify a case.
In the meantime the remaining family will have to pay €,000's of legal bills from their own pockets.
Why would the family have to pay legal fees?
If the insurance companies are not liable, but she wins a case then that leaves the estate exposed.
The remaining family will have to protect their interests in the estate. (Is there property involved ?)

Re: Glorious examples of the calibre of the Irish Judiciary

Posted: Mon Apr 02, 2018 11:58 am
by camroc1
Leinster in London wrote:
on. It's not as though the family suffer, the insurance will cover this.
I'm interested in this insurance. I think I may have a problem because I may not be insured for this risk.
Which policy did he have ?
Was it part of his mobile phone insurance, or his household goods ?
That must be it, the lawyers arguing that the children are household goods.

Does anyone else have a policy that covers them for slipping down a slipway ?
Also for there to be any sort of payout surely negligence has to be proved, ie some one was negligent towards her ?