Litigation

 

All Areas of litigation

We are experienced litigators from the perspective of both a Plaintiff/Applicant and a Defendant/Respondent. We are proficient in all jurisdictions including the District Court, Circuit Court, High Court, Court of Appeal and Supreme Court. We attend our local District Courts in Tubbercurry and Sligo and  the Circuit Courts on the Midland, Western and Northern Circuits including counties Sligo, Galway, Mayo, Donegal, Leitrim, Roscommon and Longford. We attend Dublin High Court.

Our vast litigation expertise extends to the following areas:

Personal Injuries and Fatal Injuries*

A personal injury claim arises where a person has been injured, including fatally injured, as a result of the negligent act of another. A personal injury can arise as a result of an accident including a road traffic accident, a work place accident, or an accident in a public place or private premises.

When acting for the Plaintiff, we will seek to maximise the appropriate compensation for the injury and loss suffered. The process includes the initial application to the Injuries Board. Where the matter is not resolved through the Injuries Board process, court proceedings are then issued.

We are highly experienced in defending personal injury claims and have been a member of the Panel of Solicitors for one of the largest insurance companies operating in the Irish market for many years. When acting for the Defendant, we investigate the claim fully and develop the best strategy for defending the claim to limit the Defendant’s exposure.

While many cases involve a personal liability, we have vast experience in cases involving Employer’s Liability, Public Liability, Occupier’s Liability, Misfeasance (liability of a Local Authority).

Negligence/Tortious Liability Actions other than Personal Injury*

A claim may arise where, as a result of the negligent act of another, the loss that is suffered is a type of loss other than a personal injury, for example financial loss or reputational damage. These types of claim include:-

  • Employer’s Liability
  • Damage to Property
  • Trespass to Property
  • Defamation
  • Defective Product Liability

Contractual Disputes

A claim can arise where an obligation or right contained in a contract has been breached. A contracting party may wish to terminate or enforce the contract, including a claim for any loss suffered as a result of the breach of the contract.

We are experienced in dealing with both private and commercial contractual issues.

 

Consumer Law

We advise and can deal with all claims arising under Consumer Law legislation including consumer rights and the sale of goods and supply of services.

Debt Collection

It may be necessary to bring proceedings in order to recover a debt that is due and owing. The debt collection process is completed in stages. If the debt is not repaid when demanded, a judgment is obtained and an Instalment Order can be sought. It could ultimately result in a Committal Order. Additionally a judgment could be registered as a judgment mortgage over the debtor’s property to facilitate collection of the debt.

Whether you are a creditor or a debtor, we can advise you at each stage of the process and take the necessary steps on your behalf.

Property Disputes

Ireland has a deep rooted passion for property ownership and rights and sometimes these rights can be infringed or interfered with. Claims in this area would include title disputes, boundary disputes and claims to establish or regularise a right of way.

This area would also include disputes between landlords and tenants where a commercial lease or residential tenancy agreement has been breached. Ejectment or Forfeiture may be necessary.

We are property law experts and can advise you in relation to the appropriate action or defence to a property dispute.

Injunctions

In certain circumstances urgent steps may be required to prevent or mandate the occurrence of an event or action. In these urgent circumstances we can advise on the procedure involved and the requirements that will have to be satisfied before the Court will grant or reject the application for an injunction.

If an injunction has been threatened against you, we can advise you if and how the injunction can be defended.

Judicial Review

An issue may arise where a decision or finding has been made by an entity, including a statutory body, and that decision or finding is outside of that entity’s powers. This decision or finding, including legislative or administrative action, can be challenged by the person who has been or is in danger of being adversely affected. This process is known as Judicial Review.

If you have been adversely affected by a decision or finding, we can advise you if you have an entitlement to proceed with a Judicial Review application.

Criminal

We have vast experience in defending criminal matters including:-

  • Road Traffic Offences
  • Public Order Offences
  • Revenue Offences
  • Non-Fatal Offences Against the Person
  • Theft and Fraud
  • Sexual Abuse

Offences may be prosecuted by The Gardaí, by The Director of Public Prosecutions (DPP) or by Revenue. Criminal sanctions include fines and/or imprisonment and it is important that the appropriate advice is received by a person who is facing a criminal prosecution. We will review the Summons or Charge Sheet specifying the crime alleged to have been committed and provide the necessary advice including the appropriate defence and the potential sanctions.

Our Solicitors are on the Legal Aid Panel for criminal matters meaning we can provide our service to a Defendant who cannot afford a Solicitor.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.