LegalEagleStar

… a kind of Legal Column

Archive for December 29th, 2010

A very poor service

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Q  Last January following a road traffic accident I attended a Solicitor here where I live and quite frankly the service I am getting from him has me worn out.

He seems to have done nothing for me except send me bills for reports and work to date.

Do you think at this stage I should go and see someone else or should I just refuse to pay him these interim payments until I see a settlement?


A  First of all go to your Solicitor and talk the matter out.

Maybe you have not been advised of the costs involved in running your case or else you may have a breakdown in communications.

Can you afford to pay for your medical reports?

If not, why not tell your Solicitor so. Most will be sympathetic to your circumstances.

If,  after discussing your gripes with him/her you are not happy, you should contact another Solicitor as I believe your relationship would probably only deteriorate further.

THE  STAR  Friday  January 5, 1990

Written by LegalEagleStar

December 29, 2010 at 10:56 pm

Northern motor is suspect

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Q   Some months ago I purchased a new car in the North of Ireland at a greatly reduced price I might add

I have been told by some friends that it is only a matter of time before I am caught and that I will be in grave trouble then.

What do you think I should do?

A  Immediately report to the Customs and Excise people as you are at present walking a tightrope, that is if you are a citizen and resident in the Republic of Ireland.

The Customs and Excise will determine the rate of import duty payable by you.  The newer the vehicle the higher the rate of tax payable.  Bring with you all necessary documentation i.e. proof of ownership, purchase docket etc.       Good luck.

THE  STAR,  Friday  January 5,  1990

Written by LegalEagleStar

December 29, 2010 at 4:17 pm

A Painful Day at the Circus

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Q  I BROUGHT my young daughter to the circus last month when it came to our town. During the performance they invited some of the children into the arena to participate in the act. My daughter being a lively eight year old jumped at the chance. I was a bit reluctant but I didn’t want to be a spoil sport and to cut a long story short, my daughter’s back was injured.

She is now in a lot of pain and now I must take her for physiotherapy twice a week. I have been told by the Doctor that she will probably always have a weak back as a result.

Can I take an action against the Circus or am I to blame for letting her up there in the first place ?

A VOLUNTARY assumption of the risk will most probably be the defence used by the Circus.

While the parent may be held contributory negligent, I believe it is the duty of  the Circus to provide a safe system or way of caring for any child who may attend their performances. A child is very vulnerable and relies on adults to look after him/her therefore it is imperative that activities involving children are safe enough as to provide no element of real danger.

If her injury resulted from the negligence of the Circus people and through no fault of her own I would feel we would have a sustainable action in law. In this case I would feel that the Circus were treading on shaky ground.

THE STAR   Friday  January 5 , 1990

Written by LegalEagleStar

December 29, 2010 at 2:33 pm

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