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  1. M

    Key Post Making a claim for personal injuries through the Injuries Board (PIAB)

    JohnJay hire a solicitor if you don't wish to get shafted. PIAB (injuries Board) and the MIBI are creatures of the insurance industry. They have vested interests and you're not one of them. You win your case you win your legal costs too. PIAB costs are not recoverable but you can negotiate this...
  2. M

    Are Solicitors losing influence with their clients

    Sorry now I have to come in here, my expertise is personal injury work and injured people should not (purely in their own interests) apply themselves to the Injuries Board. In fact 90% of claimants thankfully do instruct a solicitor. The Injuries Board is a pawn of the insurance industry and...
  3. M

    Legalities of Garda "stop and search"

    I would advise if it happens again take note of the details, day/location/shoulder number (or if not in uniform ask for name and station) Be clear that you are not consenting to being searched and if they want to go ahead and search ask on what grounds (in other words ask why are you being...
  4. M

    Advise on solicitor for PIAB work ?

    A couple points I would make. Firstly it's prudent practice to submit an application to the Injuries Board in med neg cases simply to get the Authorisation so there can never be any question down the road as to whether the matter should have been submitted. The Injuries Board will kick it out...
  5. M

    Trying to calculate gift tax - help needed.

    jpd is somewhat correct in some ways but fundamentally I'm afraid you are going to owe more tax should you take a gift from a class A disponer today. Essentially you have received a prior gifts from a class A disponer of €400k and you take the small gift exemption of €3k off this leaving €397K...
  6. M

    Dublin law firm faces €25m damages bill over bank loans

    Have you a question Brendan?
  7. M

    Private Fingerpost sign outside my house advertising car valet - is it legal. ?

    You forgot the Parish Priest too. OP as it's bothering you just call your local authority and allow them handle it.
  8. M

    Question regarding the meaning of sentence re costs in civil litigation settlement.

    If the matter has been listed or indeed at hearing then I would agree, otherwise the Court has no jurisdiction (except motions) to award or otherwise costs. That is what I was referring to in my previous post. If a case is settled, its up to the parties to agree their costs. If it goes to...
  9. M

    Question regarding the meaning of sentence re costs in civil litigation settlement.

    It wouldn't actually be correct to say "no order as to costs" in the context of settlement. Settlement is a private negotiation between the parties. "No Order" or "costs reserved" are only used in the context of a court (i.e. the Judge will make such a determination on application) decision...
  10. M

    Question regarding the meaning of sentence re costs in civil litigation settlement.

    Civil litigation settlements can either be all-in or plus costs. All-in is the settlement amount and the plaintiff then needs to discharge his own sides costs. Plus costs however is far preferable. Here the defendants will pay the settlement plus the plaintiff's reasonable costs. If there is...
  11. M

    "A limited company must be represented by a lawyer in a court case"

    No. If you set up business and you want to have the option of representing your business before the courts in litigation then don't incorporate it. There are other business models that will allow you do that such as a partnership. If you incorporate you take the benefit of limited liability...
  12. M

    "A limited company must be represented by a lawyer in a court case"

    http://en.wikipedia.org/wiki/Flogging_a_dead_horse Your second paragraph is a rant and not relevant to this thread. Your last paragraph doesnt make any sense in the context of separate legal personality that a company enjoys. Owners/directors are not lawyers. They cannot legally represent...
  13. M

    "A limited company must be represented by a lawyer in a court case"

    Yes, thank you and to flesh it out it is proper to point out that the only persons permitted to practice law in this jurisdiction are trained and licensed (i.e. holding practising certs and professional indemnity insurance) are lawyers (solicitors and barristers). And just so there is no...
  14. M

    "A limited company must be represented by a lawyer in a court case"

    I and others have already said why it is the case. Do you understand and appreciate why without resorting to cynicism? I might as well be flogging a dead horse here with some people.
  15. M

    "A limited company must be represented by a lawyer in a court case"

    Yes, that is not applicable here however. Like I have said a company is a separate legal person in law. It's one of the great benefits people get for setting up a business and incorporating it. People need to isolate the concept that officers of a company file tax returns, sign contracts etc...
  16. M

    "A limited company must be represented by a lawyer in a court case"

    Companies are separate legal persons. That's the nub of the issue. Non-lawyers do not have any right of audience in our courts, ie make representations/pleadings on behalf of another to a court. That is the job of a lawyer. Makes a lot of sense.
  17. M

    Advise on solicitor for PIAB work ?

    NUAC I would say its entirely possible to get a UK opinion by sending over the hospital chart/radiology and any other notes and reports. Often its not necessary for the plaintiff to travel over. In fact any med neg cases I have been involved with, the client has not had to travel. But in...
  18. M

    Advise on solicitor for PIAB work ?

    I cant give you an opinion without seeing your file. If there was doubt that your injuries were caused by med neg it would be prudent to have the matter in PIAB anyway to stop the clock running against you (statute of limitations). This would give some breathing space to allow expert opinion be...
  19. M

    Advise on solicitor for PIAB work ?

    There's a lot in your post to tease out. I'll try narrow it down simply. Ultimately you should be directing these concerns to your solicitor. €2k plus vat would be a typical solicitor PIAB fee. €3k plus vat in my view is a little high. Outlay is recoverable if/when you win your case...
  20. M

    FLAC backs up the legal profession in opposing the Legal Services Bill

    Thanks for the rant. Maybe move it from Askaboutlaw to I dont know...get it off your chest forum. Noeline Blackwell is a solicitor by the way. "Lawyer" is a generic term.
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