02 October 2008
There have been important changes made recently to the legislation governing the relationship between commercial landlords and tenants in this jurisdiction. Prior to the amendments, it was not possible for the majority of tenants of commercial premises to "contract out" of their right to a new tenancy. The applicable law provided that a retail or industrial tenant had a statutory right to a renewal of its existing commercial lease after it had leased its premises for five years or more. Accordingly, many commercial landlords were only willing to grant short term leases for periods of 4 years and 9 months for example
11 September 2008
The recent decision of the Supreme Court in Devlin –v– National Maternity Hospital 2007 IESC 50 (14 November 2007) makes disappointing reading for the many hundreds of parents whose children's organs were wrongfully removed and retained by hospitals in this State, in past decades, during the post mortem process. Effectively, the decision of the Supreme Court heralds the death knell for organ retention claims. Thus many hundreds of parents, who have suffered because of overly paternalistic and defective hospital policies which existed from the 1970's onwards, are now left with no legal remedy and are not entitled to be compensated for any psychiatric injuries suffered.
03 September 2008
The Plaintiff was in her early 20's and attended her GP in April 2005 with a lump in her breast. She was referred on to the Defendant hospital breast clinic. She attended the Defendant hospital in the middle of July 2005 which was three weeks later. At that stage, she had an 8mm mobile lump in her breast and was referred for an ultrasound three weeks later.
The Legal Year 2007/2008 was another extremely busy and notable year for the firm with a large number and variety of cases brought to successful conclusion. The most remarkable case brought to conclusion was the Fitzpatrick -v- National Maternity Hospital (see link) which was the longest ever Trial of a Cerebral Palsy medical negligence action lasting 59 days and ultimately resulting in a settlement award of 4.5 million Euros plus costs. The total amount of compensation recovered for various clients in the cases completed was in excess of €19 million. The firm also represented the interests of clients/families at a number of inquests into hospital deaths and at other inquires into hospital accidents. Set out below are summaries of many of the cases concluded successfully during this Legal Year
02 September 2008
This quite remarkable case is believed to be the longest ever Trial of a medical negligence action in this country lasting approximately 59 days with the Plaintiff ultimately being successful. Herbert J delivered a detailed 109 page written Judgement. The Defendants appealed the Judgement to the Supreme Court and ultimately settlement negotiations took place with the parties agreeing to set aside the Judgement of Herbert J on condition that the Defendants paid the Plaintiff 4.5 million Euros compensation plus all costs of the High Court action.
26 June 2008
Brain damaged boy wins €4.35m. Augustus Cullen Law acted for the Trimble Family.
James, Medical Negligence Client
Sean, Medical Negligence Client
Corporate client in a commercial litigation matter
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