Leading Debt Collection firm to exhibit at 2nd World Credit Congress
Paul Tracey solicitors are pleased to announce that they are the first Irish firm to confirm a presence at the forthcoming World Credit Congress to be help in Dublin on the 24th & 25th of November 2009.
The firm is proud to announce it’s association with the congress at a time when businesses are seeking assistance on debt control and recovery.
Paul W Tracey solicitors has been successfully providing such a service for 20 years to Irish and international businesses trading in Ireland.
Further details regarding our services which includes a unique online instruction service and online remote case access to client can be found at our web site www.Traceysolicitors.ie or
www.Debtcollection.ie or by telephoning 00 353 1 8475656 or fax 00 353 1 8745550
Michelle McGrath
31/07/2009
Abuse redress scheme limited to victims under 18 years only!
The Supreme Court has overturned a High Court decision in favour of a female applicant which would have allowed her submit a case for redress despite the fat that she was over 18 years of age.
The High Court decision had it been followed in the Supreme Court could have meant residents of institutions covered by the scheme who were in care over the age of 18 up to 21 years of age might have been entitled to apply for compensation.
Submissions were made suggesting the age embargo was discriminatory, unfair & in breach of the Europen convention of Human rights
The decision will be seen as a dissappointment to many survivors of abuse who where hopeful that they might be included in the remit of the Redress scheme
Linked with the Governement’s refusal to extend the time period for applications to the redress scheme many survivors who have not had the benefit of the scheme have been left with a sence of disappointment.
One can only speculate as to whether any further steps will be taken to facilitate those victims not covered or eligible for redress scheme.
Paul Tracey
30/07/2009
Untraced driver causes serious personal injuries -€1 Million award approved by court
A lorry driver who was seriously injured when an unidentified driver drove into his path, causing him to swerve and overturn, has secured more than €1 million in settlement of his High Court action.
The driver, brought the case against the Motor Insurance Bureau of Ireland as the driver of the other vehicle involved had not been traced.
The settlement was approved this week in the High Court by Mr Justice John Quirke.
In his claim, it was alleged that the victim suffered very severe head injuries and had also sustained spinal and hip injuries as a result of the accident in Finglas, on January 20th, 2000. Dublin fire brigade had to extricate him from his vehicle.
The important role played by the Motor Insurance Bureau in compensating victims of road traffic accidents even where the careless driver is untraced or leaves the scene of an accident is to be noted from this case.
‘It is important to remember that victims of road traffic accidents , be they pedestrians, passengers, cyclist or drivers where the motorist causing the accident is untraced or leaves the scene of an accident may still be entitled to compensation.’
If you are the victim of a road traffic accident and require assistance please feel free to contact our offices without obligation.
Paul Tracey
Solicitor
24/07/2009
Personal injuries suffered by schoolboy in Dog Attack -Settlement offer approved by court!
A young boy who received severe injuries following an attack by a dog has received €17,500 euros in damages following the approval of a settlement offer in the Dublin Circuit court.
The 12-year-old schoolboy who was bitten on the arm by a neighbour’s dog, the court was told and his arm had been punctured in three places and he received 17 stitches.
The case highlights the importance of keeping dogs under ‘effective control’ as required by the law.
in cases where householders & dog owners do not have household insurance they can find themselves in the position of having to personally compensate victims in such cases.
Paul Tracey
24/07/2009
Car Accident -Child injured by uninsured driver has award approved by Circuit Court
Filed under: Accidents, Injury Law, Road Accidents, Uncategorized
A young Boy had an offer of compensation approved ib the Dublin Circuit Court this week. The award of €24,000 euros was approved by the President of the Circuit court after he considered the submissions of the boy’s counsel.
The plaintiff a Dublin schoolboy, who was injured on a bus trip to Donegal.
Circuit Court president Mr Justice Matthew Deery, heard that Peter O’Brien Hogan (15) suffered a broken leg when an uninsured driver ran into him.
Barrister Helen Louise Caffrey said Peter had just alighted from a bus in the Letterkenny Shopping Centre car park on June 22nd, 2006 when the incident occurred.
She said the motorist, from Co Derry, was uninsured and the claim was being met by the Motor Insurance Bureau.
The case highlights the role the the Motor Insurance Bureau of Ireland plays where a person is injured and the offending driver has no insurance.
Innocent Victims of car accident swhere the drivers have no insurance should be aware of their rights to seek compensation for their injuries & finacial losses.
Paul Tracey
24/07/2009
Drink Driving – Disqualifications periods
Recent changes to the law bring drunk driving disqualifications into focus.
In an effort to simplify matters Paul W Tracey solicitors have prepared a short chart setting out the updated penalties.
The amendments are part of the drive to reduce road deaths where alcohol is a factor.
Paul Tracey Solicitors provide legal defence to drunk driving charges in the greater Dublin area and can be contacted at 01 8745656
or visit our website for further information www.traceysolicitors.ie
Updated periods of disqualification under the 2006 Act:Section 49 (2, 3, 4) Drunk Driving and Section 50 (2, 3, 4) Drunk in Charge:
| Mandatory Period of Disqualification | ||
| 1st Conviction | 2nd Conviction(within 4 years) | |
| Breath Alcohol Concentration | ||
| 35 – 44 Mcg | 1 year | 2 years |
| 45 – 66 Mcg | 2 years | 4 years |
| 67 Mcg or over | 3 years | 6 years |
| Blood Alcohol Concentration | ||
| 81 mg – 100 mg | 1 year | 2 years |
| 101 mg – 150 mg | 2 years | 4 years |
| 151 mg or over | 3 years | 6 years |
| Urine Alcohol Concentration | ||
| 107 – 135 mg | 1 year | 2 years |
| 136 – 200 mg | 2 years | 4 years |
| 201 mg or over | 3 years | 6 years |
22/07/09
Road Accident compensation award reduced against drunk driver!
A significant Road Accident compensation award was reduced against drunk driver today where the injured party was aware of the consumption of alcohol by the driver .
The Supreme Court has ruled a young man who travelled in a car driven by another man whom he knew had several alcoholic drinks is 35 per cent liable for serious injuries suffered in a subsequent accident, not 15 per cent as found by a judge in the original High Court hearing.
On that basis, the three judge court today reduced to a €1.3 million damages award by High Court Judge Ray Moran to €890,000 arising from the accident in Co Tipperary 10 years ago.
The court dismissed arguments by the car driver’s legal team that the High Court should have dismissed Mr Moran’s entire case against the driver after it found as a fact Mr Moran got into a car with a driver whom he knew had been drinking.
The case arose from an accident on the night of April 23rd/24th 1999 when Mr Moran, Ashbrook Heights, Nenagh, Co Tipperary, was travelling as a front seat passenger in a car driven by Mr Fogarty, Sapwell, Ballingarry, Co Tipperary. Both men were drinking earlier in a bar in Nenagh and they and a woman friend all left the bar at closing time and travelled together in the car driven by Mr Fogarty.
On their homeward journey, the car collided with a wall and Mr Moran suffered head and other injuries as a result of which, it was claimed, he was physically unable to continue his apprenticeship as a block layer. It was also claimed he would have difficulty looking after himself into the future arising from his injuries.
Mr Moran later took High Court proceedings against Mr Fogarty and was awarded € 1.3 million damages, reduced to €1.1 million as a result of that court’s finding of 15 per cent contributory negligence by Mr Moran in getting into a car with a driver whom he knew had been drinking.
Mr Fogarty appealed against the award on several grounds, including that Mr Moran was not entitled to damages as the cause of his injuries was the accident and he would not have suffered those had he refused to travel with a driver whom he knew was intoxicated.
In a reserved judgment today, Mr Justice Joseph Finnegan, with whom the Chief Justice, Mr Justice John Murray and Ms Justice Susan Denham agreed, ruled the greater blameworthiness in the case must lie with the driver..
It was Mr Fogarty’s decision to drive to the bar in Nenagh and to drive home, notwithstanding the consumption of alcohol, the judge said. It was Mr Fogarty who had control of the car and its driving and it was he who represented a danger not just to
Mr Moran but other road users and the public in general. The accident was entitely attributable to Mr Fogarty’s driving.
consumed alcohol. They had also spent from about 8.30pm to at least 1am in the bar together and, in each other’s presence, drank between six and nine alcoholic drinks over that time.
Mr Moran knew, or certainly ought to have known, Mr Fogarty’s ability to drive was impaired by drink and, quite clearly, he ought not to have driven, the judge said.
Given all the circumstances, the judge said the aportionment of 15 per cent fault to Mr Moran represented “a significant disroportion” between the respective blameworthiness of the two. The court would set aside the 15 per cent finding and replace it with one of 35 per cent for Mr Moran and 65 per cent for Mr Fogarty.
The case shows the balancing a court must take into account when dealing with drunk driving cases. Clearly people who are injured at the hands of drunk drivers are entitled to compensation for their injuries. Those however who consent to travel with drivers whom they know to be drunk have to have regard for the risk they are undertaking when they do so.
The case does not set a precedent for all such cases as clearly the circumstances of each case must be taken into account.
Paul Tracey
21/07/2009
Public Liability Accidents, slips, trips and falls the latest information on claims!
The fascinating data discloses the 7/10 of such accident involve women and that slips, trips and falls are the cause of such accidents.
The information should cause shopkeepers,public utility providers and others to revisit their safety procedures and
also shows the disruptive effect injuries of such accidents have on families & others
-Commenting, Patricia Byron of the InjuriesBoard said: “During these tough economic times, some companies and organisations who admit the public to their facilities may be tempted to cut their investment in health and safety. That kind of approach can backfire, particularly, if you operate in a very competitive and accident-prone sphere such as retail.
“As this review highlights, the factors which give rise to accidents in public places are many and varied. It is timely for public and private sector organisations alike to review the measures they have in place to prevent accidents across retail, hospitality, leisure and public spaces. Accident prevention is always important and ensuring your customers enjoy a safe environment can save money in the long run. Consumers must also take responsibility for accident prevention and be vigilant to the risks they face” she concluded.
The data give a breakdown of causes of accidents as follows;
-being struck by a falling or flying object (11%),
-being injured by machinery (5%),
-burns/scalding (2%)
-food poisoning (1%).
- Injury types are also disclosed in the data:
. Sprains (40%) are the most common injury, followed by bruising (32%), fractures (29%) and lacerations (25%).
The Injuries board has been in operation for a period of 5 years now with the bulk of it’s cases dealt with by solicitors acting on behalf of injured victims
The recently published information was previously not available from the courts and will allow business operators and insurers alike to revisit their safety procedures
Paul Tracey
21/07/2009
Car accident victim awarded €1.8 Million compensation
A chinese national woman who was seriously injured in a car accident was awarded €1.8 million compensation in the High Court in Dublin last week.
The case which involved a serious spinal injury is interesting for a number of reasons. The case ran for a number of weeks and dealt with arguements as the the ‘cap’ or limit which should or should not be set on awards for personal injuries.
There will undoubedly be comments on the case as the full details of the judgment are considered and discussed by the legal community.
The case was brought against the Motor Insurers Bureau of Ireland.
The Bureau deals with cases where victims of road traffic accidents are injured by cars driven by uninsured or untraced drivers.
The rules governing entitlement to compensation have recently beeen changed and injured persons should seek advise from a solicitor on the application of the MIBI rules to ensure their rights are not compromised.
All in all the case is a welcomed opportunity to discuss the issue of level of damages for victims of car accidents and highlights the merits of the Motor Insurance Bureau’s work.
Paul Tracey
21/07/2009
Thousands of Unclaimed Euros from injury cases to revert to the State!
Over the years thousands of Euros are lodged in court on foot of settlements of cases. This occurs where the injured person is under 18 years.
Now in a ‘spring cleaning exercise’ the Courts Service have published deails of casses which on the 31st of December 2008, had not been dealt with for 15 years or upwards.
The accounts are now to be considered ‘dormant’ and the monies will be transferred to the State if no claim is made on them.
If you require information on this issue log on to www.courts.ie
Anyone wanting to make a claim against these accounts should contact the County registrar of the local circuit court concerned with formal proof of indentity
The move is in effect a ‘housekeeping exercise’ but could mean that many young people who were involved in car accidents or the like and whom received compensation could loos out if they through some circumstances were unaware of the investment of these funds in court on their behalf.
I would advise anyone in such circumstances to contact their solicitor to ensure their rights are protected
Paul Tracey
20/07/2009
