A boy who trapped his head in gates has been awarded €50,000.00 in damages in a compensation claim* taken before the Circuit Court. Lee McCabe was only four at the time of the accident. He suffered lacerations to his head and was left with significant scars above his right eye when his head became trapped in security gate.
it was heard that the accident which led to the compensation claim* was caused by faulty sensors which did not sense the boys presence as the gates closed. Lanesborough CDE and F Management Company Limited who managed the Lanesborough Square Development in Finglas were sued by Lee though his mother Michaelle McCabe.
The defendants had originally refused the assessment by the Injuries Board in the sum of €37,133.00. As Lee was a minor any settlement or assessment is required to be approved by the Judge. Justice Goarke did not feel the sum €37,133, was suficient on examining Lee’s scars and considering the medical reports.
An increased offer was subsequently made by the defendants in the sum of €50,000.00 plus special damages ( out of pocket expenses relating to the claim) and Judge Alymer approved the new offer with costs awarded against the defendant. it would be standard for costs to be awarded against the defendant in a successful compensation claim.
This is an excellent example of how a Judge can protect a minor claimant ( under 18) in a compensation claim by refusing to allow an award of an amount that is less that what the Judge feels is sufficient to compensate the child concerned.
If you would like to speak to a specialist personal injury* solicitor on a no obligation basis, contact Etain Boyce today on 0749890190.
*In contentious business, such as personal injury cases, a solicitor may not calculate fees or other charges as a percentage of an award or settlement.this statement is issued in compliance with the Solicitors Advertising Regulations.
A new free legal aid scheme was announced by the Minister for Justice, Frances Fitzgerald this week.The free legal aid scheme aims to assist borrowers who face going to court for repossession of their homes. The move has been welcomed by the Money Advisory and Budgeting Service and by the Free Legal Advice Centres. This is the long overdue missing link. Combined with a shorter bankruptcy term and improved debt resolution options, these measures will lead to resolution of cases in a speedier and fairer manner.
Access to legal advice and representation is a fundamental right, a right which was in most cases not being met in the repossession cases before the courts until now.
The scheme will be administered through the Money Advice and Budgeting Service with the involvement of the Legal Aid Board.
The new free legal aid scheme announced this week will level the playing field to a certain degree for distressed borrowers and will lead to a greater number of realistic settlements by the Banks at an earlier stage.
Until now it has been very difficult for those facing the loss of their home to access legal representation. in most cases, people were left to represent themselves or relied on one of the various charities set up to help people..
The scheme will include assistance and representation for borrowers facing repossession proceedings for a panel of duty solicitors to be drawn up by the Legal Aid Board. a voucher system is proposed to be used at no cost to the borrower, where MABS provide the voucher.
The new free legal aid scheme announced by the Minister is another step along the road to recovery and a fairer society.
While it is long overdue, the move must be welcomed and underlines how seriously the government view the issue of mortgage arrears and repossessions as an election issue.
As a qualified personal insolvency practitioner and solicitor, Etain Boyce is ideally placed to advise those facing legal threats from their bank over arrears in payments.Please feel free to contact Etain to discuss your situation in strictest confidence on 0749890190.
Be ‘Contract Ready’ – sell your property faster, attract buyers and reduce the risk of your sale falling through.
From 1st September 2015, Boyce Kelly Solicitors will be offering a ‘Contract Ready’ conveyancing service.
The new service guarantees to help clients sell their properties in a faster time frame and in a more streamlined way. Under the current system, the seller usually waits until the property goes ‘sale agreed’ before contacting their solicitor. Using our new service, the client is encouraged to contact the firm as soon as they decide to sell their property. In doing this, the client is gaining valuable weeks to gather together the necessary documentation required for the firm to draft comprehensive contracts. The firm will provide expert guidance to the client during the vital first weeks to ensure everything is in place.
As the contracts are ready to be issued as soon as the sale is agreed, there is no reason why the transaction should take any longer than 3-4 weeks to complete. This faster, more streamlined process reduces the risk of a sale falling through due to excessive delays and complications. The firm provides an adhesive ‘Stamp of Confidence’ which they advise should be placed on the ‘For Sale’ sign confirming that the property is ‘Contract Ready’. This confirms to any potential purchaser that the title deeds are in order and will attract buyers to the property. The firm will work closely with the client and their chosen estate agent to ensure a smooth sale.
Catherine Kelly, Partner in charge of Conveyancing at Boyce Kelly Solicitors commented on the new service: ‘Selling property is taking longer in recent years, to the frustration of clients, estate agents and solicitors. We have been investigating new ways of speeding up and streamlining the conveyancing process to provide a better service to our clients at a competitive price. We had certain criteria that we wanted this new service to meet, such as faster turnaround times, a high standard of legal work and competitive fees. Key to our new process is greater client contact from the day they take the decision to sell their property. Our new ‘Contract Ready’ system allows us to achieve all of this.’
Earlier this year, the representative body for Estate Agents in Ireland, the Institute of Professional Auctioneers and Valuers (IPAV) surveyed their members on the difficulties they experience with the conveyancing process. One of the biggest concerns reported was the increasing delays, resulting in unnecessary complications and sales falling through. The new ‘Contract Ready’ service offered by Boyce Kelly Solicitors eliminates delays and fosters confidence within the sector.
Paul Franklin, Managing Director of Franklins Estate Agents commented on the new service: ‘Franklins heartily endorse Boyce Kelly’s ‘Contract Ready’ move. An important step to streamline the hopelessly outdated system of property selling operating in Ireland. Franklins introduced ‘28’ in February 2014 – Ireland’s first estate agent to offer ‘contract ready’ properties for sale. We now see a high percentage of sales exchange contracts very quickly as a result. Boyce Kelly are clearly in business to deliver the best possible service to their clients and we wish them well.’
For a limited time, we offer this service for €800.00 plus vat plus outlays. This includes all work needed to be done to sell the property. If the property does not reach sale agreed status, we will not charge the client.
For further information, please contact Catherine Kelly, Partner, Boyce Kelly Solicitors 074 9890190, firstname.lastname@example.org.