News

  • 16/05/2023 0 Comments
    Sentence quashed because trial judge refused an adjournment to let counsel confer with the accused and obtain instructions.

    The old saying about justice must be seen to be done was applied in a recent High Court case. In the Circuit Criminal Court, a judge who had a crowded list for hearing, refused a barrister’s application for a brief adjournment to confer with and take instructions from his client the defendant. It was later held by the High Court this was unfair to the defendant and undermined his right to a fair trial leading to the quashing of the sentence he received at the court hearing.

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  • 16/05/2023 0 Comments
    Deed of transfer

    The wife of the deceased procured from her husband, shortly before his death, a deed of transfer of his multi-million estate from his name alone into their joint names. The deceased had made a new will about three months before his death which left 50% to his wife; 10% to each of his three daughters and 20% to his son. The court was to decide if the deed of transfer was valid or perhaps obtained under undue influence by the wife.

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  • 16/05/2023 0 Comments
    Deed of transfer

    The wife of the deceased procured from her husband, shortly before his death, a deed of transfer of his multi-million estate from his name alone into their joint names. The deceased had made a new will about three months before his death which left 50% to his wife; 10% to each of his three daughters and 20% to his son. The court was to decide if the deed of transfer was valid or perhaps obtained under undue influence by the wife.

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  • 28/04/2023 0 Comments
    Suspended Prison Sentence for Data Protection Breach

    An interesting case was heard recently in the Dublin Circuit Court where a defendant was charged with breaching Data Protection Law by illegally accessing personal information stored in three people’s iCloud accounts.

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  • 28/04/2023 0 Comments
    Epilepsy Drug Wrongly Prescribed to Pregnant Woman

    Pregnancy can be risky but when the woman carrying the baby is an epileptic, the risks can be huge.

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  • 13/04/2023 0 Comments
    New Legislation for Failure to Control

    The Cabinet is considering bringing in new legislation to allow for tougher fines for those who fail to control their dogs.

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  • 13/04/2023 0 Comments
    Sexual Assault Conviction Quashed

    The complainant at the time of the alleged assault was six years old. She was playing with a friend, D, in D’s house along with her older sister.

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  • 13/04/2023 0 Comments
    Medical Misadventure

    In April 2020 a postmortem was carried out on Michael Daly Snr of Limerick and returned a verdict of death by natural causes. However, later the medical notes of the deceased were discovered by his son and a second postmortem was carried out.

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  • 30/03/2023 0 Comments
    EXPERT WITNESS

    Evidence rejected by the court as it was far too one-sided and failed to be objective.

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  • 30/03/2023 0 Comments
    Award Reversed on Appeal

    Plaintiff who slipped on ice outside his apartment has € 60,000 award overturned on appeal.

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  • 17/03/2023 0 Comments
    Smear Test Misreported

    The High Court approved a settlement against the HSE and a medical laboratory to a woman whose smear tests were misreported before her cervical cancer diagnosis. The woman required a hysterectomy after being diagnosed with invasive cervical cancer in 2017.

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  • 17/03/2023 0 Comments
    Assault

    An early admission of guilt can save a sentence of prison. This was seen in a recent case where a person contacted the Gardai after recognising himself on RTE’s  Crimecall programme, assaulting a homeless woman.

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  • 28/02/2023 0 Comments
    How Do I Confirm a Property Boundary?

    The best way to confirm the legal boundary of your property is to assess the deed records. These are held at the Registry of Deeds. Not every property in Ireland will have deed records because the system operates on a voluntary registration basis.

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  • 28/02/2023 0 Comments
    Cyclist’s Award Reduced for not wearing Safety Helmet

    A cyclist suffered a head injury which caused concussion and soft tissue injuries to her face, shoulder and arm when she was knocked off her bike by a truck.

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  • 28/02/2023 0 Comments
    Health Regulation Offence

    A Dublin beautician was prosecuted by the Health Products Regulatory Authority (HPRA) for offences under the Irish Medicines Board Act.

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  • 09/01/2023 0 Comments
    Court of Appeal rules there is no general duty of good faith in contract law

    The Court of Appeal in the case of Flynn v Breccia has overturned a High Court decision that ruled there was a general principle of good faith in Irish contract law.

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  • 09/01/2023 0 Comments
    Personal Injury: Injuries on Their Own Do Not Attract Compensation!

    Personal injury awards will be reduced in the near future under new guidelines agreed be-tween the government and judiciary.

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  • 09/01/2023 0 Comments
    Injury sustained by dog bite

    The plaintiff in this case suffered horrific injuries from a pit bull terrier while visiting her friend’s house. The dog was under the control of the friend’s parents whom the plaintiff sued for negligence and breach of statutory duty under the Control of Dogs Act.

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  • 09/01/2023 0 Comments
    Making a Will for an Elder

    For an elderly person, making a Will can be difficult to understand so it is imperative that whatever they are about to do is very clearly explained. For a solicitor providing this service, a high duty of care is expected.

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  • 09/01/2023 0 Comments
    Appeal against Severity of Sentence

    The appellant was convicted of the offence of cultivation of cannabis plants without licence contrary the Misuse of Drugs legislation and sentenced to three years imprisonment with the final year suspended. He appealed on the grounds of severity of sentence in that the trial judge erred in principle.

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  • 15/12/2022 0 Comments
    The Battle against Bullying: New Sanctions

    There are measures out there to prosecute assault, false imprisonment and causing harm but relatively few for psychological type injuries inflicted by one spouse or partner on another

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  • 15/12/2022 0 Comments
    Defective Chair in Restaurant

    A customer was in a Supermac’s restaurant, having a meal, when the chair she was sitting on collapsed causing injury to her lower back and buttock. She claimed that as the chair collapsed, she fell and hit the floor.

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  • 15/12/2022 0 Comments
    Workplace Accidents

    Employers are obliged to provide safe workplaces for their employees.

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  • 15/12/2022 0 Comments
    Bicycles

    Cyclists have the same rights as any other road user but are the most vulnerable. In road traffic accidents, an injured cyclist must prove that the other party caused the accident which resulted in his injuries.

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  • 15/12/2022 0 Comments
    ELDERLY LAW - Planning for the Future

    As people get older, their legal needs may change with some requiring more updating than others. This is particularly so where a loved-one is showing signs of memory loss or Alzheimer’s Disease.

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  • 15/12/2022 0 Comments
    Keeping Wills Up to date

    It is often the case that people make their Will and do not revise or update it

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  • 15/12/2022 0 Comments
    Delay in Diagnosis

    The plaintiff, then a child of 18 months, was taken by her mother for hearing tests to the HSE audiological services and was told her hearing in both ears was normal.

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  • 02/12/2022 0 Comments
    Bouncing Castle Accident

    Following a confirmation, a ten-year-old child was taken by his parents to a hotel where there was a bouncing castle.

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  • 02/12/2022 0 Comments
    Slip and Trip Accident

    A bus driver slipped on ice outside his apartment and sued the apartment management company for injuries he sustained.

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  • 02/12/2022 0 Comments
    Conveyancing

    Selling your House? 10 Useful Tips for Vendors

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  • Winners at Irish Law Awards 2022
    02/12/2022 0 Comments
    Winners at Irish Law Awards 2022

    Frank Buttimer & Company is delighted to announce they have won Best Criminal Law Firm/Solicitor 2022 at the Irish Law Awards held at the Aviva Stadium in Dublin on the 28th October 2022 hosted by Ivan Yates.

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