Recent Legal News

Property – Compensation, Acquisition of Land

Property – Compensation, Acquisition of Land

The Electricity Supply Board was required to pay compensation where it exercised statutory powers to place electricity lines on private property. Under the Acquisition of Land (Assessment of Compensation) Act 1919, a property arbitrator set the level of compensation where there was no agreement. There appeared to be a lack of consistency between the arbitrators in respect of the validity of unconditional offers, and orders were now sought to require the arbitrators in the instant cases to state cases.

Contributory Negligence in Personal Injury claims

Contributory Negligence in Personal Injury claims

The plaintiff, Mr McWhinney, was a maintenance fitter. In July 2013 he was contracted by the Cork City Fire Station on Anglesea Street. On 22nd July, 2013, while carrying out repairs to the shutter of one of the fire trucks operating from the station, he sustained a serious injury to his left wrist. His personal injuries action was heard by the High Court (Barniville J) on 9th and 10th July, 2018.

Personal Injury – Negligence

Personal Injury – Negligence

The Plaintiff, an employee of the Defendant’s, suffered injuries to his back after slipping on a steep grassy bank at the Ferns Water Reservoir in Wexford. Mr O’Connor alleged that the Defendant, failed in its duty to provide a safe place and system of work under the Safety Health and Welfare at Work Act, 2005 (the “Act”). The Council resisted the claim and alleged that the plaintiff himself was responsible for his injury as there was no requirement for him to go up the steep incline to reach the manhole cover.

Defamation Law and Limitations of Action Update

Defamation Law and Limitations of Action Update

The Respondent issued proceedings against the bank claiming defamation of character following the registration of a judgment mortgage against the title to his property in February 2015. Prior to hearing the substantive issue, however, the matter came before the High Court for the consideration of a preliminary technical point. It required determining as to whether or not the proceedings are statute barred by virtue of the provisions of s. 11(2)(c) of the Statute of Limitations 1957 (as inserted by s. 38 of the Defamation Act 2009) where the cause of action alleged in the statement of claim accrued to the plaintiff more than two years prior to the commencement of the within proceedings.