Cantillon's Blog

Posted in General Updates on 17 January 2018
The blogging world in Ireland has been turned on its head since the beginning of 2018, as the credibility and social responsibility of those in the business has been called into question. The buzz term “influencer” which may be foreign to some, has in the past number of years proved to b...
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Posted in General Updates on 03 January 2018
Tracker Mortgages which are featuring in the media in recent weeks, are a type of mortgage whereby the interest rate charged by the bank for the mortgage follows or ‘tracks’ another interest rate on the market, such as the European Central Bank’s interest rate. At the time of th...
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Posted in New Legal Developments on 19 December 2017
The news that University Hospital Kerry is reviewing some 46,000 Radiological   Images related to more than 26,000 patients has understandably sparked huge concern amongst patients and their families.  The images include X-rays, CAT scans and ultrasounds carried out between March 2016...
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Posted in General Updates on 07 December 2017
Cantillons Solicitors are delighted to add our support to the most deserving SVP Food Appeal. It is our pleasure to be a part of this very special local community. ...
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Posted in New Legal Developments on 06 December 2017
Recently we saw the first disciplinary hearing come before the Teaching Council since its establishment. The Teaching Council is the regulatory body for Teachers in Ireland and in essence, mirrors the disciplinary procedures in place for the medical profession.  It is tasked with investigati...
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Posted in Medical Negligence on 29 November 2017
We have had a number of enquiries from people in relation to injuries/deaths arising out of infection. On investigating these cases, we have discovered that if an infection is not treated promptly, it can cause an inflammatory response which is known as sepsis. The treatment of this condition is ver...
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Posted in New Legal Developments on 16 November 2017
The Mediation Act 2017 was signed into Law on the 2nd October 2017 and is expected to come in to force very shortly. What is Mediation? Mediation is a collaborative process that provides an opportunity to resolve disputes by negotiation and/or agreement by using a Mediator.   The Act...
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Posted in Personal Injury Litigation on 01 November 2017
In July, 2017, we wrote a piece about the Japanese Knotweed crisis and the serious problems which it is posing for many homeowners and residents throughout Ireland.  In particular, we condemned the presence of Japanese Knotweed on City or County Council property.  Recently, the Courts i...
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Posted in Personal Injury Litigation on 18 October 2017
Earlier this year, the fourth UN Global Road Safety Week (May 2017) focused on strategies to address and manage speed on the roads, which is a key risk factor for road traffic deaths and injuries. Speed contributes to around one-third of all fatal road traffic crashes in high-income countries, and u...
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Posted in Medical Negligence on 20 September 2017
Exaggerated or fraudulent claims by Plaintiffs are abhorrent.  They are dishonest and they are illegal.  They do not benefit the legal system the public who pay expensive insurance premiums. Thankfully they are in the minority. Solicitors take detailed instructions from clients, carry o...
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Posted in New Legal Developments on 06 September 2017
According to ISME a statutory offence of perjury would be a significant brick in the defensive wall against false or exaggerated personal injury claims. In my view, there are lots of checks and balances in the existing system to weed out any such claims. Section 25 of the Civil Liability & Court...
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Posted in New Legal Developments on 23 August 2017
A legal loophole which enabled driver’s to escape a cross-jurisdictional driving ban between Ireland and the United Kingdom has recently been addressed, bringing about significant changes to those facing driving bans on one or other side of the border. The change in the Law came into effect on...
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Posted in General Legal Tips on 09 August 2017
It is without a doubt that Brexit will have many implications on Ireland. Trading agreement issues, immigration limits, and economic consequences are among the topics of discussion of late.  Of course these issues are among a multitude of other repercussions. What, however, are the potenti...
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Posted in General Legal Tips on 26 July 2017
Under Section 13 of the Parental Leave Acts 1998 (amended by the Parental Leave Amendment Act 2006) employees are entitled, in certain circumstances, to take leave with pay from their employment which is known as “force majeure”. An employee’s entitlement to take “force majeu...
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Posted in General Legal Tips on 20 July 2017
It is one thing to be unfortunate enough to have a bad neighbour.  It is another thing when that bad neighbour is the City or County Council. These are the bodies we entrust to keep us safe. By now everyone has heard of the devastations being caused by the Japanese Knotweed infestation. ...
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Posted in General Legal Tips on 12 July 2017
We are all too familiar with the prevalence of bullying in our society and with the new era of social networking, we have to recognise that bullying within the school yard now encompasses Cyber Bullying within Cyberspace. Bullying is defined as unwanted, negative behaviour - verbal, psychological...
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Posted in General Legal Tips on 23 June 2017
We have been consulted recently by a number of clients who have raised concerns in relation to the delay in accessing Needs Assessments for their children. Under the Disability Act, 2005, where a person (or a parent of a person) applies to the HSE for an Assessment of Needs, in relation to a spec...
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Posted in New Legal Developments on 31 May 2017
If you are considering providing a dwelling house to your child or someone other than your child, please contact Cantillons for advice in view of the significant restrictions to the exemption for Inheritance and Gift Tax. The Finance Act 2016 abolished the generous exemption from Inheritance and ...
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Posted in Medical Negligence on 25 May 2017
The HSE published its long awaited report entitled The HSE Maternity Clinical Complaints Review on Tuesday the 23rd May 2017. Frankly, I have lost track of the number of reports that have come into being since Primetime Investigates first reported on the tragic deaths of a number of babies in the...
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Posted in Personal Injury Litigation on 16 May 2017
Emergency Responders (including Ambulance Crew, Paramedics, members of An Garda Síochána and The Fire Service) deal with people who have suffered injuries every day.  Whether it is a car accident or a heart attack, Emergency Responders are usually the first on the scene to take ca...
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Posted in New Legal Developments on 04 May 2017
On the 28th March 2017, the President of the High Court, the Hon. Mr Justice Peter Kelly issued a Practice Direction to the legal practitioners in Ireland.  This was welcomed by legal practitioners on all sides. Practice Direction 71 titled “Payment on accounts of costs pending taxatio...
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Posted in Medical Negligence on 03 May 2017
There has been a lot of controversy about the location for the National Maternity Hospital over the last few weeks.  As a Solicitor who specialises in medical negligence cases, I would urge the various stakeholders to grapple with this thorny issue once and for all so that the women of Ireland ...
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Posted in Medical Negligence on 20 April 2017
Problems caused by vaginal mesh implants, which have left thousands of women worldwide in severe pain and some permanently disabled, have been recently highlighted in the media and have been the subject of numerous calls to our medical negligence team at our office in Cork, by affected parties. T...
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Posted in Medical Negligence on 07 April 2017
There has been a lot of talk about this topic in the recent weeks. Indeed, I was invited on to talk about this topic on Today with Sean O’Rourke on the 05th April 2017. So too was Kevin Thompson, Chief Executive of Insurance Ireland and Charlie Weston, Personal Finance Editor with the Irish In...
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Posted in Medical Negligence on 05 April 2017
I think that it is almost universally accepted by all that if you had a wrong committed, that the person wronged should be appropriately compensated. In this context, if one is injured as a consequence of medical negligence, all right thinking people believe that the wrongdoer (Doctor) should comp...
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Posted in New Legal Developments on 03 April 2017
It is disappointing news (in my view) that the Minister for Health, Simon Harris, plans to introduce a voluntary Open Disclosure Scheme which will give medical professionals legal protection for any information given following a patient safety incident. Minister Harris has been reported as saying...
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Posted in General Legal Tips on 22 March 2017
Like a lot of people I watched, with horror, Ian Kehoe’s recent documentary “The Great Irish Sell-Off”.  The ease in which these so called “Vulture Funds” can turn people’s lives upside down is distressing.  While watching the show, I could not help b...
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Posted in New Legal Developments on 15 March 2017
Confidentiality and protection of clients’ information has been an absolute cornerstone of the practice since its inception in 1980. This most fundamental policy is reviewed by management on an ongoing basis and steps taken to renew and re-enforce the policy whenever possible. The General D...
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Posted in Personal Injury Litigation on 23 February 2017
If you are a member of An Garda Siochana and have sustained an injury inflicted upon you (during the course of your duties or even when you are off duty), you may be entitled to compensation.*   There are strict time limits that need to be adhered to, when bringing an application under ...
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Posted in Medical Negligence on 10 February 2017
In October, 2015 the US Food and Drug Authority (FDA) issued a circular about the potential risk to patients who had undergone open heart surgery within the last 5 years where a “Sorin” heater-cooler device was used during the surgery. This circular suggests that the heater-cooler device...
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Posted in Personal Injury Litigation on 08 February 2017
Difficult inter-personal relationships can (unfortunately) be a part of everyday life. Most of us get by and work things out in a mutually respectful fashion. However there are times when matters can get out of hand and that mutual respect is lost. What are your options when matters take a turn for ...
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Posted in General Legal Tips on 03 February 2017
By and large the internet and the now, widespread use of smart phones is a good thing. It allows us to keep in contact with friends and family who have emigrated, publicise our businesses and communicate news to the world, in an instant. However, like all good things, it can be distorted and turn...
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Posted in Medical Negligence on 19 January 2017
I wrote back in March 2016 on cancer misdiagnosis in Wexford General Hospital. (The blog is on our website for those who have not read it and wish to do so). At the time, there had been newspaper reports on a leaked review of twelve cases of bowel cancer “missed” at Wexford General Ho...
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Posted in General Legal Tips on 13 January 2017
All employment relationships are based on contracts between parties. There are two main legal categories of persons who work for others. They may be “Employees” or “Independent Contractors”.  The distinction between an employee and an independent contractor is not always...
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Posted in Medical Negligence on 09 December 2016
The first judgment from the Irish Courts against the hip implant manufacturer DePuy International was handed down in November 2016 by Mr Justice Kevin Cross. This was the first case to run the full duration and the victim, Mrs Gillian O Sullivan was awarded a sum of €704,000 by the High Cour...
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Posted in Personal Injury Litigation on 05 December 2016
We began this week seeing alarming figures being released showing a whopping 3,462 incidents of physical assaults recorded by the HSE over the last five years. Almost 70% of assaults were against frontline staff, with 2,372 incidents recorded against nurses, midwives, psychiatric nurses or other nur...
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Posted in Personal Injury Litigation on 02 November 2016
We act for a number of victims (and their family members) who are parties to what has become known as the “Grace” controversy. Vulnerable children were placed, by the HSE, in a foster home where they were subjected to the most vile sexual and physical abuse.   These victims have b...
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Posted in Personal Injury Litigation on 06 October 2016
On the 5th October 2016, the revised Book of Quantum was published. The fact of the publication itself is a welcome development given that the Book of Quantum had not been updated since it’s first publication in 2004. The Publication has come against a backdrop of claims by the motor insura...
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Posted in Medical Negligence on 28 September 2016
Week in and week out at Cantillons we are contacted by distressed clients with a concern that either they or their loved ones have been mistreated in our Hospitals. In addition, the national media reports error after error. Public confidence in our health service is at an all-time low and morale wit...
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Posted in Medical Negligence on 13 September 2016
I read, with sadness, the reports of an increase in the amounts being paid out by the State Claims Agency in respect of medical negligence claims.   I noticed the various statistics and figures that were furnished.  I also note, with some alarm and concern, the absence of any ref...
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Posted in Medical Negligence on 07 September 2016
There are a number of reforms on the horizon which may make it easier for victims of medical negligence to get justice.  1. Pre-action protocol: There are about to be changes to the Superior Court Rules which may see an end to the inordinate delays which occur in medical negligence c...
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Posted in New Legal Developments on 17 August 2016
Recently we saw the welcome and long awaited announcement by Richard Bruton the Minister for Education of a formal process to make complaints about the conduct of teachers. This comes about over a decade after the Legislation was first signed in to Law.   Parents, students or other teach...
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Posted in New Legal Developments on 03 August 2016
In 2015, Ireland welcomed the long-awaited enactment of the Assisted Decision-Making (Capacity) Act 2015 which replaced the Lunacy Regulation Act 1871.  The landmark piece of legislation was signed into law on the 30th December 2015 and it is anticipated that it will be commenced by Ministerial...
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Posted in Medical Negligence on 29 July 2016
I listened with sadness (and a distinct sense of déjà vu) to Ronan Dunnes’ statement yesterday outside the High Court in Dublin. Ronan Dunne is the father of Eoghan Dunne who received an award of €2.4 million in damages following failures of care at Portiuncula Hospital...
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Posted in Personal Injury Litigation on 22 July 2016
Sinead Carroll, Partner in Cantillons Solicitors, an experienced Litigation Solicitor, writing today states as follows: “Persons with physical and mental disabilities should be treated with respect and obtain whatever medical, intellectual, educational, therapeutic or other interventions th...
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Posted in General Updates on 20 July 2016
Notwithstanding Minister Richard Bruton’s approval of the Education (Admission to Schools) Bill 2015 last Wednesday July 6th, 2016, all the indicators are that it has not been welcomed with open arms. It had been hoped that the Bill would target the 20% of schools that are oversubscribed an...
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Posted in General Updates on 15 July 2016
There has been recent commentary welcoming some recent decisions of the Court of Appeal.   These decisions cut the quantum of general damages in what are termed moderate soft tissue injuries involving neck and back (in the main). Undoubtedly, the Insurance Industry welcomes these decisions. T...
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Posted in Personal Injury Litigation on 14 July 2016
Cantillons Solicitors were saddened to learn of the inadequate and unsafe services provided in three farm-based residential care centres for people with Autism, reported in the media this week.  The news came following the publication of inspection reports by the Health Information and Quali...
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Posted in General Legal Tips on 06 July 2016
The right of access to the Courts, is a Constitutional right, which was recognised in McCauley V Minister for Posts and Telegraphs when Kenny J held,   “There is a right to have recourse to the High Court to defend and vindicate a Legal Right and that is one of the personal rights of th...
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Posted in Personal Injury Litigation on 01 July 2016
The question is a stark and odd one, I know. However, it is one (unfortunately) which some of our clients at Cantillons have come to consider. Legionnaires Disease is a potentially fatal form of pneumonia which is caused by the bacteria found in both environmental and purpose built water sources....
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Posted in General Legal Tips on 22 June 2016
The Protected Disclosures Act 2014 provides a legal framework to protect workers who raise concerns about potential wrongdoing in the workplace. The Act provides protection and redress for workers who are dismissed or penalised having reported wrongdoing. The 2014 Act is largely recognised as compre...
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Posted in Personal Injury Litigation on 20 June 2016
It was reported yesterday that figures released to Minister Michael McGrath confirm that insurance companies paid out more in claims in 2011 and 2012, than in 2014. This effectively dismisses the proposition that compensation claims are to blame for the soaring premiums. It had been suggested by ...
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Posted in Personal Injury Litigation on 17 June 2016
It has been announced that provisional terms of reference for an Inquiry into the foster home in the South East where residents suffered horrific abuse is to be given to Disabilities Minister Finian McGrath this week. The provisional terms were first announced before the General Election in Febru...
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Posted in Personal Injury Litigation on 09 June 2016
It has been announced that the Government will be asked this week to set up a taskforce to examine the soaring costs of motor insurance. This is a welcomed announcement. Customers continue to be hit with huge increases in their motor insurance premiums. Recent commentary from Government Ministers se...
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Posted in Medical Negligence on 11 May 2016
Difficulties with Metal on Metal (MoM) hip devices have been highlighted in the media by the worldwide recall of the DePuy ASR in August 2010 and the discontinuance of the DePuy Pinnacle from mid-2013.  MoM hip prostheses were first developed by Peter Ring & Mckee-Farrar in 1961.  T...
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Posted in Personal Injury Litigation on 05 May 2016
Compensation culture is a negative term that we hear brandished about on a regular basis. It is used to suggest that a significant number of claims for compensation are fraudulent, unjustified and that those who seek compensation should be criticised. Most recently, the term has reared its ugly h...
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Posted in General Legal Tips on 05 May 2016
It is important for all couples, young and old, to make a will. A Will tells your partner and your family, whom you want to get your assets when you die.  If you die without making a Will, in legal jargon, you are said to have died intestate. The Irish rules on intestacy will dictate how you...
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Posted in Medical Negligence on 05 May 2016
Karen Kearney Solicitor at Cantillons’ response to the Irish Medical Organisation’s call for the establishment of a Task Force for reform of the Medical Negligence system.  "I have had the privilege of representing many patients who have been the victims of medical negligenc...
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Posted in General Legal Tips on 05 May 2016
In litigation it can often be beneficial to both parties to attempt to resolve the matter without the need to go to Court.  In the appropriate case this can save both time and money.  Negotiation is the simplest method.  Alternative Dispute Resolution (ADR) includes mediation or conci...
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Posted in Medical Negligence on 05 May 2016
I read with a sense of déjà vu the recent newspaper  reports on the leaked review of 12 cases of bowel cancer “missed” at Wexford General Hospital. Sadly, one of these 12 patients has since died of this illness.  These 12 patients were identified from a recall ...
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Posted in Personal Injury Litigation on 05 May 2016
If you have been injured as a passenger in a private vehicle, on a motorbike, commercial or other vehicle or on public transport, then you may be entitled to make a claim for compensation*. It is important to note that it is the responsibility of the negligent driver’s insurance company to ...
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Posted in General Updates on 01 February 2016
Melissa Gowan Solicitor is looking forward to speaking to the Men’s Active Retirement Group at Turners Cross in Cork tonight on the importance of having a Will in place, updating Wills and the legal implications of Enduring Powers of Attorney. Contact us at Cantillons Solicitors at +353 (0)...
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Posted in General Legal Tips on 22 January 2016
If you feel that proper provision has not been made for you under your parents Will, then you may be entitled to bring an action against their Estate.     Section 117 of the Succession Act 1965  allows a child of a Testator to make an Application  to Court for provision to...
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Posted in Personal Injury Litigation on 14 January 2016
Cantillons have been contacted by Cork people who have been injured on public and private pavements due to the recent ice we have endured. The type of injury sustained can range up to the most severe.  We  have encountered people who have broken limbs, sore backs, and suffered nasty hea...
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Posted in Medical Negligence on 06 January 2016
There has been a marked increase in recent years in the number of dental negligence claims both in Ireland and abroad.  This increase can be attributed to a growth in procedures generally available as well as in cosmetic dentistry conducted both in Ireland and overseas.  ...
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Posted in Medical Negligence on 10 December 2015
If you had a medical/surgical procedure and you suffered an injury, the risk of which you were not told about when you consented to the procedure, your chances of succeeding in a legal case have now improved following a UK landmark decision in March 2015 in the case of Montgomery v Lanarkshire Healt...
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Posted in General Updates on 26 November 2015
Karen Kearney joined a stellar line up of expert presenters to address the Irish Law Medical Conference on the 26th November 2015, at the Royal Marine Hotel, Dun Laoghaire, Dublin. This full day Conference was designed to update healthcare related professionals (including, doctors, nurses, d...
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Posted in Medical Negligence on 20 November 2015
On the 5th November 2015, the Court of Appeal handed down its Decision in the case of Gill Russell –v- HSE.  The Medical Negligence Team at Cantillons had represented Gill Russell in the High Court, where he got a significant award.  In the High Court, Mr. Justice Kevin Cross made pr...
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Posted in General Legal Tips on 13 November 2015
The recent Smurfit Kappa case (2011) highlighted the importance of ensuring that an employee has access to independent legal advice when being asked to sign waiver documents or any other documents arising from the termination of their employment.   Absent that independent legal advice, an ...
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Posted in General Updates on 27 October 2015
Melissa Gowan Solicitor addresssed the Turners Cross Active Retirement Group.   Melissa spoke about the importance of having a Will in place and the legal implications of Powers of Attorney and Enduring Powers of Attorney. ...
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Posted in General Updates on 06 October 2015
Melissa Gowan Solicitor addressed the Tracton Active Retirement Group and spoke about the importance of having a Will in place and the legal implications of Powers of Attorney and Enduring Powers of Attorney. ...
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Posted in Personal Injury Litigation on 06 October 2015
Yesterday, it was reported that the Commercial Court ruled that the Electricity Supply Board was 60 per cent liable for damage that was caused to UCC's campus in the wake of flooding in November 2009. The court also ruled that UCC was 40 per cent liable after a finding of contributory negligence...
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Posted in General Legal Tips on 02 October 2015
The figures are now out for Ireland and Cantillons Solicitors have been inundated with queries from concerned car-owners. Volkswagen Group Ireland has now announced that some 79,348 vehicles in Ireland will be recalled and affected customers will be contacted in the “near future” to corr...
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Posted in General Updates on 01 October 2015
The figures are now out for Ireland and Cantillons Solicitors have been inundated with queries from concerned car-owners. Volkswagen Group Ireland has now announced that some 79,348 vehicles in Ireland will be recalled and affected customers will be contacted in the “near future” to corr...
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Posted in General Legal Tips on 30 September 2015
Medical records are a key element in any investigation, whether it be a personal injuries action arising out of a road traffic accident or a medical negligence action. In general, individuals are entitled to access their personal medical records and can do this in a number of ways: 1. &nb...
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Posted in General Updates on 23 September 2015
Melissa Gowan Solicitor gave a talk to the Ballyvourney Active Retirement Group.   Melissa spoke about the importance of having a Will in place and the legal implications of Powers of Attorney and Enduring Powers of Attorney. ...
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Posted in Personal Injury Litigation on 16 September 2015
Just because your job involves a physical element (e.g. nursing), does not mean you should be exposed to injuries. Employers must train their staff how to lift and they must minimise the risks to which their staff are exposed. First and foremost, if you have suffered an injury, go to your doctor....
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Posted in General Updates on 11 September 2015
On 12th of September 2015, Ernest Cantillon was honoured to be asked to deliver a lecture to the Annual Conference of the Coroners Society of Ireland. Ernest spoke about issues that arise when representing next of kin at Inquests in cases of suspected medical misadventure. ...
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Posted in General Updates on 02 September 2015
Melissa Gowan Solicitor recently addressed the Skibbereen Active Retirement Group.  Melissa spoke about the importance of having a Will in place and the legal implications of Powers of Attorney and Enduring Powers of Attorney.   ...
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Posted in Personal Injury Litigation on 19 August 2015
A question which often arises when somebody has died as a result of injury caused either by an accident or medical procedure is who can take a case. The Civil Liability Act 1961 governs claims that can be made where a person has died as a result of the wrongful or negligent act of another person ...
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Posted in Medical Negligence on 22 July 2015
The medical negligence team here in Cantillons Solicitors have just finished prosecuting a medical negligence case in the High Court, Dublin. It ran for just under two weeks. There were two claims in fact. One for a first time  mother for damages for physical and psychological injuries arising ...
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Posted in General Legal Tips on 03 July 2015
Defamation actions are not reserved only for those who have been defamed in a national newspaper article. Defamation can be more localised and immediate e.g. being accused wrongly of shoplifting or being turned away wrongly from a night club. While being wrongly accused of shoplifting in your home t...
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Posted in General Legal Tips on 30 June 2015
It is hard enough to lose a parent, not to mind an additional disappointment one may have when they learn that they may not have been provided for in a will as they had hoped. There is a glimmer of hope open to those who are disappointed in this way. An application can be brought asking the Court...
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Posted in General Legal Tips on 19 June 2015
Last Friday, the 12th June, it was announced that the iconic Clerys was going into liquidation. The saddest and worst part of this story is not that an Irish institution has closed, but that so many jobs just vanished in an instant. The manner in which so many long serving employees were treated is ...
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Posted in General Legal Tips on 10 June 2015
Dependants of a deceased person who has died as a result of the wrongful act of another person or institution may issue a fatal injury claim against the wrongdoer*. Part IV of the Civil Liability Act 1961 as amended is the principal legislation governing these type of claims.  The legislatio...
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Posted in Medical Negligence on 13 May 2015
The use of the medication Oyxtocin (brand name Syntocinon) to augment labour is fraught with risks.  It is well-documented that inappropriate use can cause death or disability.  In Ireland, it is listed as a high 1 of 10 high alert medications.  Thus it should seem obvious that an app...
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Posted in Medical Negligence on 15 April 2015
There is something very special about case managers. This is particularly so in the context of a catastrophic injury case following an award of damages in High Court personal injury litigation.  A good case manager will transform an award of damages into a meaningful and fulfilled future for a ...
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Posted in General Legal Tips on 08 April 2015
The Control of Dogs Acts 1986 and 1992 place responsibility for dog control on Local Authorities.  Under this legislation, Local Authorities have a number of powers to include appointing Dog Wardens and imposing on the spot fines for a number of offences and the issuing of court prosecutions. L...
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Posted in General Updates on 04 April 2015
We at Cantillons Solicitors were delighted to be in a position to donate over 60 Easter Eggs to Edel House and Cuanlee. Both of these homes provide much needed assistance to mothers and children in need. Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you ...
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Posted in Medical Negligence on 18 March 2015
On taking instructions recently from a new Client, he raised a dilemma that I frequently encounter when taking instructions from new Clients. This particular Client had an orthopaedic procedure performed privately under the care of an Orthopaedic Surgeon. However, the day after his surgery, he becam...
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Posted in Personal Injury Litigation on 04 March 2015
If you suffer an injury or damage on another person’s premises it is important to first establish who the occupier of that premises is and secondly to establish if that person owes you any duty in respect of the injury/damage caused. The Occupiers’ Liability Act came into force in 199...
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Posted in Personal Injury Litigation on 18 February 2015
The role of a Nurse is a risky one. Nurses are exposed to physical and psychological injuries every day.  According to reports, the Health and Social Work Sector reports over 1,000 injuries each year to the Health and Safety Authority. This accounts for nearly 20% of all workplace injuries repo...
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Posted in General Updates on 29 January 2015
Cantillons Solicitors realise that farm safety is a priority. Farming life brings with it risks and responsibilities. See recent Blog on Farm Safety. http://www.cantillons.com/blog/item/FARMING:-RISKS-AND-RESPONSIBILITIES-/55  The Farmer’s Journal also recently published an info- gr...
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Posted in General Updates on 27 January 2015
On the 27th January 2015, Ernest Cantillon was invited to represent the Law Society before the Oireachtas Committee on Health & Children. The Committee had invited representatives of the Law Society to attend and Ernest Cantillon was asked to address the Committee on behalf of the Society. ...
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Posted in Medical Negligence on 21 January 2015
At present medical negligence cases are managed by the Court in the same manner as other Personal Injury cases*.  However, in 2010 the High Court Working Group on Medical Negligence and Periodic Payments proposed the introduction of pre-action protocols and case management, simila...
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Posted in New Legal Developments on 07 January 2015
The new Garda Síochána Compensation Bill of 2012 has proposed significant alterations to the existing Garda Compensation Scheme.  The new Bill seeks to reform the existing Garda Compensation Scheme which has been in existence since 1941. Under the present Scheme, two groups of ...
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Posted in General Updates on 11 December 2014
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Posted in Medical Negligence on 10 December 2014
The death of a loved one is always difficult and distressing and this can be amplified when the death is sudden and the cause of death is unclear.   There are a number of practicalities to be dealt with and in some circumstances, you may be contacted by the Coroner’s office and infor...
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Posted in General Updates on 06 December 2014
Congratulations to Louise O'Keeffe on her People of the Year Award  for her years of legal battles to get the State to accept responsibility for the abuse she suffered in a Co. Cork primary school in 1973. The People of the Year Awards, which are organised by Rehab, were held at City West H...
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Posted in New Legal Developments on 26 November 2014
Since the 1st August 2014, the Recoverable Benefits and Assistance Scheme has been in force in Ireland.¹ What it means? Briefly this provides that in personal injury claims*, the State (in particular the Department of Social Protection) will recover certain illness-related social welfare ...
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Posted in General Updates on 20 November 2014
We at Cantillons Solicitors would be delighted if you would join us for some festive treats at the SugarCube on 11th December 2014, from 4:30-6pm in aid of Suicide Aware.  There will be mulled wine and mince pies and everything festive to help us raise money for this very worthy Cork based char...
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Posted in General Updates on 20 November 2014
Please clink on the below click to view the RTE News piece on Louise O' Keeffe's meeting with the Taoiseach, the Minister for Education and the Minister for Children on the 20th November 2014 http://www.rte.ie/news/2014/1120/661030-louise-o-keeffe/ Contact us at Cantillons Solicit...
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Posted in General Legal Tips on 12 November 2014
What do we mean by the ‘Floodgates’ Argument? To "open the floodgates" in litigation is a phrase used to argue that if a Court were to recognise a cause of action, it may lead to a dramatic increase in litigation or a ‘flood’ of similar claims and, therefore, exp...
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Posted in General Legal Tips on 05 November 2014
The legal process in Ireland can be divided into criminal law and civil law. Each operates independently of the other. The victim of a sexual offence is entitled to engage with either or both processes. The Criminal Process – The criminal process involves making a complaint to the Garda&i...
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Posted in General Legal Tips on 29 October 2014
A Will forces us to confront our mortality like no other document.  Procrastination and unwillingness to accept death as part of life are common reasons for not having a Will. All adults of sound disposing mind can and should make a Will and we at Cantillons Solicitors strongly advise a...
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Posted in General Updates on 20 October 2014
Ernest J. Cantillon Solicitors are delighted to be a Finalist in the Best Digital Marketing by Corporate category at the inaugural Cork Digital Marketing Awards 2014.The awards are organised by the Cork Chamber Business School in association with the Cork Chamber of Commerce. The Award ceremony will...
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Posted in General Updates on 08 October 2014
Ernest J. Cantillon addressed the AvMA(Action against Medical Accidents) and MIA (Medical Injuries Alliance) conference on “Medico-Legal Issues in Obstetric and Neonatal Care”.  Mr. Cantillon spoke on the topic of “Funding a Birth Injury Case – the challenges for Acces...
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Posted in Medical Negligence on 01 October 2014
Having initially been triaged by my general practitioner, with a stomach condition, I would see a gastroenterologist. In pregnancy, I would be referred to an obstetrician. If I had a knee injury, I would consult with an orthopaedic surgeon (preferably, one who sub-specialises in the treatment of kne...
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Posted in Personal Injury Litigation on 18 September 2014
A cyclist who is not seen runs the risk of being struck by a motorist  and reflective clothing is the answer to being seen in the hours of darkness.  Wearing reflective clothing is a simple and effective way to make sure you are clearly seen by other road users when cycling.  Cyclists...
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Posted in Personal Injury Litigation on 10 September 2014
If you are unlucky enough to be involved in a road traffic accident, Cantillons Solicitors should be on your list of people to call following the event. Initial meeting The initial meeting with your solicitor at Cantillons is very important as this is an opportunity for us to extract all o...
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Posted in Personal Injury Litigation on 03 September 2014
  What is Contributory Negligence?   In short it is the extent to which a person injured in an accident is responsible for the injuries that were sustained.   Contributory negligence is a common law defence and plays a vital role in determining liability.&nbs...
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Posted in General Updates on 02 September 2014
As we know there is no challenge too great or too small for all of us here at Cantillons Solicitors. Last Thursday – despite the torrential rain – we decided we weren’t wet enough and that was the day to complete the Ice Bucket Challenge, having been nominated by Mags O’Sh...
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Posted in Personal Injury Litigation on 01 September 2014
People frequently fall in public places and receive injuries, which injuries may arise from wet, slippery or defective floors in shops, offices, schools, restaurants, car parks, bars or night clubs. The type of injury sustained can range from the most trivial to the most severe.  We frequent...
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Posted in General Legal Tips on 20 August 2014
FATAL CLAIM TO THE CRIMINAL INJURIES COMPENSATION TRIBUNAL* Following a fatality or homicide (including murder and manslaughter), the dependants of the victim may be entitled to claim compensation. This is handled by the Criminal Injuries Compensation Tribunal (CICT). The Department of Justice an...
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Posted in Personal Injury Litigation on 21 July 2014
Farming is a rewarding but yet hazardous occupation. You, as the farmer, have certain responsibilities to prevent accidents from happening, both on and off your farm. If you do not take the appropriate steps, you run the risk of losing your farm. The Farmer, the Employer If you have farm work...
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Posted in Medical Negligence on 16 July 2014
There has been an increase in recent years in the numbers of Dental Negligence cases which is probably attributable to a number of factors including the growth in general orthodontic procedures as well as elective cosmetic dentistry (e.g. teeth whitening) being conducted in Ireland. Dentists are ...
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Posted in General Legal Tips on 09 July 2014
One of the most common types of alternative dispute resolution includes Mediation and Arbitration. Arbitration is a form of alternative dispute resolution. That is alternative to litigating the matter in a court.   What is Arbitration? Arbitration is the private determination of a dispute b...
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Posted in New Legal Developments on 25 June 2014
The awarding of damages in the Irish courts is based on the principle restitutio in integrum that is to put injured parties back, insofar as money can do, to the position that they would have been in but for the injury. At present compensation is by way of a single lump sum of damages. In catastr...
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Posted in General Legal Tips on 23 June 2014
We are all too familiar, with the prevalence of bullying in our society. In the context of our children, that bullying, more often than not, starts in the school yard. With the new era of social networking, we have to recognise that bullying within the school yard now encompasses Cyber Bullying with...
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Posted in Medical Negligence on 11 June 2014
As a medical lawyer with Cantillons Solicitors, I work exclusively in the area of medical negligence claims. This blog discusses why we will always take on the best experts when involved in medical negligence litigation, a complex yet intriguing and rewarding journey which I embark upon daily, ...
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Posted in General Legal Tips on 05 June 2014
In this article, we consider the circumstances in which a client who has suffered a catastrophic injury* should apply to have his or her case expedited.   What is a catastrophic injury?* There are many definitions as to what constitutes a catastrophic injury. Historically, legally the defini...
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Posted in Personal Injury Litigation on 21 May 2014
Myth –v- Reality As a solicitor in Cantillons Solicitors, many people have said to me that they were injured at work, their employer is insured and surely they are entitled to compensation. However, our legal system does not work like that and insurance only comes into place if there is a ...
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Posted in General Legal Tips on 14 May 2014
Mediation is a type of alternative dispute resolution. In other words, it is a way to solve legal battles without having to go down the court route. It can be used in practically any kind of dispute, if the parties are willing to engage in the process. Mediation involves both parties meeting in a...
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Posted in Medical Negligence on 07 May 2014
Recent defective medical product controversies regarding the DePuy hip replacement recall in 2010 and the French PIP silicone breast implants in 2011 along with increased instances of medical product recall has brought to the fore the interaction between Product Liability and Medical Negligence liti...
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Posted in Personal Injury Litigation on 30 April 2014
If you are a member of An Garda Siochana and have sustained an injury inflicted upon you (during the course of your duties or even when you are off duty), you may be entitled to compensation.*  There are strict time limits that need to be adhered to, when bringing an application under the G...
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Posted in New Legal Developments on 23 April 2014
Accessing the European Court of Human Rights is a long and difficult journey but not an impossible one as Louise O’Keeffe has recently shown us. Louise’s fight for justice began in 1998 in Ireland and culminated finally in a successful outcome before the European Court of Human Rights in...
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Posted in General Legal Tips on 16 April 2014
What is an Enduring Power of Attorney? An Enduring Power of Attorney (EPA) is a legal document that allows you (‘the Donor’) to appoint one or more trustworthy persons of your choice (‘the Attorney’) to look after your personal and financial affairs if, at a future time in...
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Posted in General Legal Tips on 02 April 2014
If you sustain injuries arising out of a slip or fall you may be entitled to compensation for your injury*. However it is not always the position that one is entitled to claim compensation arising from such an incident. The first step is to establish whether or not the fault for the injuries is as a...
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Posted in General Legal Tips on 26 March 2014
I recently had a client who was willing to settle her case for a sum of money that fell well below the value (in my view) of her case. The reason?  She was terrified of going to court. She was convinced that she would make a “mess” of her evidence. She was in dread of being bombarde...
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Posted in General Updates on 20 March 2014
http://www.irishexaminer.com/ireland/solicitors-firm-gets-animated-in-bid-to-overcome-legal-jargon-262692.html   -->...
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Posted in General Legal Tips on 19 March 2014
What is the Tort of Negligence? The tort of negligence is the most common area of tort law in modern litigation. To be successful in civil litigation a person must prove that they have been injured as a result of the negligence of another. Negligence is a failure to exercise the care that a reaso...
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Posted in New Legal Developments on 12 March 2014
When issues of ill-health and the law intersect, the matter is inevitably fraught with complexity, emotion and sadness. In recent years a number of high-profile complex and sensitive medico-legal issues have arisen in Irish Courts.  Most recently the issues of patient autonomy and consent we...
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Posted in General Updates on 01 March 2014
Cantillons Solicitors took part in the Cork “Over 50’s Show” at City Hall on the 1st and 2nd March 2014. The event, organised by Senior Times, was fantastic and a great time was had by all! ...
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Posted in Medical Negligence on 26 February 2014
As a medical lawyer with Cantillons Solicitors, I work exclusively in the area of medical negligence claims. This blog will take you through the life cycle of a medical negligence investigation, a complex yet intriguing and rewarding journey which I embark upon daily, in serving the needs of my clie...
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Posted in General Legal Tips on 19 February 2014
DAMAGES * An award of damages is monetary compensation and is the most common remedy sought in civil claims. In a personal injuries claim the Court will assess the damages a Plaintiff is entitled to in order to compensate the Plaintiff for injuries sustained. Irish Courts attempt to put injured p...
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Posted in New Legal Developments on 12 February 2014
* As of January, 2014, the Minister for Justice, Equality and Defence, Alan Shatter T.D., increased to €35,000.00 the maximum amount that can be awarded for mental distress to the dependants of someone who has been fatally injured. Prior to this, that figure had been capped at €25,394.76 s...
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Posted in New Legal Developments on 07 February 2014
Our client Louise O’Keeffe finally had her rights vindicated on the 28th January 2014 when the European Court of Human Rights found in her favour in a landmark case against the State.  Ms. O’Keeffe has been inundated with good wishes from every strata of society.  The under...
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Posted in General Updates on 30 January 2014
I have only had a limited opportunity to talk to Louise but I understand that An Taoiseach Enda Kenny has issued an apology to Louise O’Keeffe for what happened to her in Dunderrow National School. Louise is grateful to An Taoiseach for his courtesy and decency and the speed with which he...
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Posted in New Legal Developments on 28 January 2014
It’s time for the Government to stop hiding behind legal advice and do the right thing.  When one stands back from the Louise O’Keeffe case, one can see that the Department of Education were intimately involved in the enterprise of providing education to Louise O’Keeffe. In...
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Posted in New Legal Developments on 15 January 2014
What is the rush? The Statute of Limitations Act 1957 and the Statute of Limitations (Amendment) Act 1991& 2000 are an important part of the legislative framework put in place to prevent perpetual litigation. In other words, this legislation ensures that there is a specific timeframe imposed ...
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Posted in New Legal Developments on 09 January 2014
We just received notification by the European Court of Human Rights in Strasbourg that judgment will be delivered in Louise O’Keeffe’s case against Ireland on 28th January 2014. Louise was the victim of sexual abuse at Dunderrow National School, Kinsale, Co. Cork.  She has fought a long legal b...
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Posted in New Legal Developments on 09 January 2014
Ruadhán Mac Cormaic’s article in the Irish Times this week disclosed that some €139m was paid to Barristers between January 2002 and August 2013.   Comments since then can be classed as falling into the “fat cat lawyer” category.  The analysis is akin to ...
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Posted in New Legal Developments on 09 January 2014
When patients suffer an adverse outcome following receipt of medical treatment, an explanation as to what went wrong, an assurance that lessons will be learnt from any mistakes made and an apology is often what they are seeking most.  Yet in the words of Elton John it appears that “sorry ...
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Posted in General Updates on 10 December 2013
Team EJC dusted off their running gear and took part in “Run of the Dark” in Cork City on Wednesday, 13th November 2013 in aid of the Mark Pollock Trust. Thousands of people participated across 5 cities, Cork, Dublin, Belfast, London and Manchester to raise funds for this worthwhile cause, which w...
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Posted in General Updates on 10 December 2013
On the 30th November the various Teams at Cantillons Solicitors let off some steam by (attempting) the challenge of “doing the 12 pubs” of Christmas.   In a pressurised work environment, it is important that Team members get to let off steam.  Some managed to let...
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Posted in General Updates on 15 November 2013
Karen Bohane, Solicitor of the Medical Negligence team at Cantillons Solicitors was invited to present a lecture to the Law Society in Cork.  Karen presented a paper entitled “Litigation Update: Has the tide turned too far against Plaintiffs?” at the Law Society Skillnet Essential S...
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Posted in General Updates on 08 November 2013
Ernest Cantillon was asked by the Faculty of Law at UCC to address this conference.  The Conference, which was chaired by Ms. Justice Mary Irvine, considered the role of the State, and its current policy on adverse events in healthcare.  Ernest Cantillon suggested that a more candid ap...
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Posted in General Updates on 04 November 2013
A joint international conference organised by the Medical Injuries Alliance and UK charity AvMA took place in Dublin entitled “Patients’ Rights, Access to Justice and the Case for Candour”. The Conference was addressed by Supreme Court Judge Mr. Justice Liam McKechnie; Dr. Timothy ...
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Posted in General Updates on 08 October 2013
Ernest Cantillon was invited by the Law Society to deliver a litigation lecture to Solicitors at the Law Society’s premises in Blackhall Place, Dublin.  Ernest Cantillon presented a lecture entitled “Anti-Plaintiff provisions in legislation and proposed legislation.  Medical Negligence Tre...
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Posted in General Updates on 15 July 2013
In July 2013, Cantillons Solicitors sponsored €3,000 to the Surf2Heal Project in order to enable expansion and development of this amazing service enabling children with autism to surf.    In her letter of thanks, Jane Coleman, Secretary of Surf2Heal stated as follows:- &nbs...
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Posted in General Updates on 16 May 2012
Ernest Cantillon was aksed to address a Conference hosted by AvMA in Dublin at the Radisson Blue Hotel on the 17th May last.  Mr. Cantillon delivered a lecture on access to the Courts and costings in medical negligence cases....
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Posted in General Updates on 31 March 2010
In April 2010, Susie Elliott Solicitor addressed more than 100 delegates at a Conference organised by the charity Actions against Medical Accidents (AVMA) which campaigns for patient justice and safety.  This Conference was concerned with our ongoing campaign for openness and honesty on the par...
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Posted in General Updates on 11 February 2010
On the 11th February 2010, at Jurys Hotel, Cork, Ernest Cantillon outlined the various ways in which Solicitors can get into trouble and how they should avoid trouble and how they should get themselves out of trouble!...
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Posted in General Updates on 11 February 2010
In continuing to buck the trends elsewhere, Cantillons Solicitors are happy to report that despite the economic downturn, our firm is in fact continuing to expand, both in terms of people and premises! Due to the ever growing workload and increasing number of new client instructions, we have rece...
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