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Latest compo culture award

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  • Registered Users Posts: 1,470 ✭✭✭Caquas


    A sign that sanity might prevail

    Award offers from PIAB have dropped by more than 42 per cent since the guidelines became operational in April 2021 after they were adopted by a majority of the State’s judges in a vote of the Judicial Council.

    If awards are reduced to a rational level and if negligence is not simply assumed in favour of the plaintiff, the courts might come back into line with the real world and no longer serve as a refuge for cheats and prejurers.




  • Registered Users Posts: 1,470 ✭✭✭Caquas


    Here's good advice - be wary of dragging a lawyer into court.

    Here's even better advice: don't bring a BS whiplash claim against "a leading personal injuries solicitor"😎

    Not only did this lady have her 60K claim thrown out as "opportunistic", costs were awarded against her. That should be routine because our courts constantly reaffirm the principle that costs "follow the event" but somehow in Ireland most bogus PI plaintiffs get a free shot.

    And I would be confident that Tormey Solicitors will pursue her vigorously for their fees, not looking to their client, a professional colleague who was "flabbergasted" to receive a PI claim after this very minor incident and after he had already paid 1,000 Euro to replace her dented rear bumper.

    That's a double-whammy of negative publicity from an RTÉ staffer no outsider had ever heard of.




  • Registered Users Posts: 6,280 ✭✭✭DaveyDave


    There's absolutely no way you would get whiplash from being rear ended by a car rolling in gear in traffic. An automatic rolling forward would be 4-5kph and you might not even have a big enough gap to get up to that speed in tight traffic.

    I got reversed into last Summer at around 10-12kph and didn't feel a jolt from the impact at all. Different direction of collision I know but the bumpers and the suspension took the force of the impact. That's what they're there for.



  • Registered Users Posts: 1,470 ✭✭✭Caquas


    Hats off to an honest man!

    But you may feel a fool for walking away from a huge payday. A few years ago, you just needed to lie to your GP (or go to your solicitor’s GP who would do the lying for you). Today, however, you would need to play-act until your case was settled or you might end up like Phil Collins (of RTÉ - a drummer with whiplash would be a sorry tale). And to stay off social media. No Tik-Tok dance challenges!



  • Registered Users, Registered Users 2 Posts: 1,961 ✭✭✭Andrea B.


    Considering his profession, could she not have hired the lad that tipped into her, to sue himself on her behalf?

    He could have followed up with maybe a countersuit for the distress of being sued.

    Win, win.



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  • Registered Users, Registered Users 2 Posts: 3,010 ✭✭✭cute geoge


    She was unlucky with the person who banged into her ,I'd say most insurance companies just settle and pay out to avoid the legal costs on top



  • Registered Users Posts: 1,470 ✭✭✭Caquas


    An imaginative and enterprising care worker was claiming €60,000 for personal injuries and was all set to swear before God and the Court to her faultless driving and to her dreadful suffering when...

    the judge asked that he might view CCTV footage of the accident prior to hearing evidence in the case.


    When the footage showed, according to defence barrister Shane English, Ms Ogbonnaya “slamming on her brakes for no obvious reason” Judge McCourt suggested that all parties, including Aviva Insurance, discuss the matter out of court.


    On the return of the parties, counsel for Ms Ogbonnaya (44) told the court she was withdrawing her claim.


    By giving the plaintiff a chance to back out before the trial began, the Court did not have suffer the insult of her perjury in open court but, no doubt, the plaintiff had already filed an affidavit filled with lies. A file should go to the DPP because there is no doubt that, without the CCTV, the High Court would have rewarded the plaintiff (and he legal advisors) handsomely for her fraudulent claim.

    We are told that defence Counsel was Shane English, who appeared with Ennis Solicitors, on behalf of Aviva and defendant van owner. Why do we not hear about the plaintiff's lawyers and why were they spared the embarrassment of having the client's lies exposed in open court? Her lawyers can go whistle for their fees but they should answer to the Law Society.




  • Registered Users, Registered Users 2 Posts: 1,961 ✭✭✭Andrea B.


    Horrible.

    If no CCTV, then a mess made of innocent person's life and business costs.

    Some settlement for her anyhow on steps?



  • Registered Users Posts: 1,470 ✭✭✭Caquas


    No, she gets nothing.

    She withdrew her claim but this has been hanging over the driver and the van owner for the past two years. And she doesn’t get her costs so her lawyers have wasted their time 😭

    Now the second most-read item on the IT website.



  • Registered Users, Registered Users 2 Posts: 3,623 ✭✭✭avfc1874


    Would she be out of pocket?

    Or is it no win no fee



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  • Registered Users, Registered Users 2 Posts: 6,568 ✭✭✭Damien360


    No fee from her own lawyer only if they set it up that way. But she would be liable for costs of the van drivers team which I assume was the insurance firms team. Usually this is set by the judge to "award" someone costs. As it didn't go to trial, there may be no costs unless agreed out of court.



  • Registered Users Posts: 1,470 ✭✭✭Caquas


    Good luck to the parties trying to recover costs from this plaintiff.

    We often hear that people are unable to get justice because of the cost of litigation but those with little or no visible means can bring BS cases to the High Court.

    "No foal, no fee" is implicit when a solicitors' firm takes on such cases. Their overall success rate is high enough to cover the wasted effort in the occasional unfortunate cases where the truth is revealed, whether by CCTV or perhaps the whiplash victim's social media exploits, but never, of course, by the evidence of the plaintiff under oath.



  • Registered Users, Registered Users 2 Posts: 1,961 ✭✭✭Andrea B.


    She'll have repair costs on her own car. If she got it done with a nod/wink that it was insurance jobby, should be a nice cost. But if they gave her credit until the case...ouch for the garage.



  • Registered Users, Registered Users 2 Posts: 8,580 ✭✭✭jmreire


    Yes, and then increase your insurance premium cost to recover as much as possible their costs.



  • Registered Users, Registered Users 2 Posts: 8,698 ✭✭✭corks finest


    Feckin tramp

    no wonder insurance is rising



  • Registered Users, Registered Users 2 Posts: 25,729 ✭✭✭✭Strumms


    could she be sued by the other party ?



  • Registered Users, Registered Users 2 Posts: 3,226 ✭✭✭downtheroad


    She should be jailed for lying in an affidavit about the circumstances of her case.

    The lawyer should be named and shamed for taking the nonsense case.

    It I'd far too easy to take a case like this in Ireland. Usually no fee to the lawyer, and a €45 application fee to PIAB (which isboften paid for by the lawyer). The lawyer may even pay for medical reports, which a doctor will sign willingly for the easiest few hundred quid they'll ever earn.

    Until people start seeing serious fines or jail Tim's for taking fraudulent cases this nonsense will continue and we all pay for it via our exorbitant insurance premiums which have to cover this bull sh t.



  • Registered Users Posts: 1,470 ✭✭✭Caquas


    No, an interesting feature of her case was that she did not claim the cost of repair but instead claimed the reduction in the value of her car.

    She had stated in the proceedings that damage to her vehicle was €6,600 and that she had sold it on for €17,000.

    She said the initial value of the vehicle was €26,000 causing her to suffer significant loss.

    It has been a scandalous feature of recent "rear-ending" cases that plaintiffs have been awarded substantial damages for devastating soft-tissue injuries although their car suffered only trivial damage i.e. scratches.

    In this case, the plaintiff's claim was not for the cost of repair, which would have involved a survey of the actual damage, but for an alleged loss in re-sale value to a car. Naturally, after the sale of her car it was no longer available for inspection by the other side. If she won her case (i.e. but for the CCTV), her claim for loss of value would spare the judge's blushes in awarding 60K when her car was barely dented. Her solicitors were really excellent, pity they had a fraudster for a client.



  • Registered Users, Registered Users 2 Posts: 13,672 ✭✭✭✭Geuze




  • Registered Users, Registered Users 2 Posts: 20,103 ✭✭✭✭Donald Trump



    The lawyers job is to advise and represent their client. Not to decide on their blame or not.

    Think of it in the same way as if you landed in an ER room and you needed an emergency procedure - the doctor is supposed to do their professional duty, not make a call on whether you or not you are too much of a cu%t to be treated and saved.



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  • Registered Users, Registered Users 2 Posts: 11,789 ✭✭✭✭BattleCorp


    Not quite. It's a badly worded headline. The claimant won her case. She was awarded €15k.

    The claimant said she was rear ended by the other woman. The other woman said she wasn't there at the time and she didn't rear end anyone, it must have been someone else.

    The claimant had taken her reg and was able to describe the woman who hit her car as having dark hair. The other woman said it couldn't have been her as she had blonde hair then. She was caught lying about her hair colour because the defence had FB photos showing she had dark hair at the time of the incident so the judge didn't believe the other stuff she said. The judge agreed that she rear ended the claimant and awarded damages against her.



  • Registered Users, Registered Users 2 Posts: 8,698 ✭✭✭corks finest


    Must be a mistake



  • Registered Users, Registered Users 2 Posts: 13,672 ✭✭✭✭Geuze




  • Registered Users, Registered Users 2 Posts: 8,698 ✭✭✭corks finest


    Great oul country 🙄



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