28 thoughts on “De Tuesday Papers

  1. LW

    Was that burglar on the front of the examiner in the nip, or how did he tear his boo boos? Is there any precedent in Ireland for a claim of this kind being awarded? Not the boo boos, but the robber suing the robbed

    1. GiggidyGoo

      What next? We have had a section of the population been made ethnic. Will we now have legislation forced upon us to make our homes and business premises ‘robber friendly’.

        1. GiggidyGoo

          Well given that there are a lot of instances of the ethnics doing the robbing, it isn’t that much of a random equivalence.
          Actually it’s interesting too – one can protect their property with a gun i believe. So if this particular owner shot the perp it would be ok then? Even if he shot them in the boo boos.

          1. Nigel

            If you’re going to go down the road of linking criminality to ethnicity then you are going down a dark road indeed

      1. Listrade

        You mean something like the Occupier’s Liability Act from 1995 that’s pretty clear on levels of responsibility to authorised and unauthorised visitors?

        1. GiggidyGoo

          Slight difference though. There’s hardly a reference in that specifically stating that when building or re designing a premises that ‘it must be robber-friendly’.

          1. LW

            I don’t think anyone is seriously entertaining the concept of making buildings robber friendly, you can relax

    2. Listrade

      Plenty of precedent for it and plenty of case law which would suggest the guy has no hope if it ever goes to court. Problem there is that even if the guy loses, given his current “accommodation” he’s unlikely to be able to pay the costs, so the business owner may well be stuck with covering his own costs at least.

      It’s pretty regular occurrence for retailers, maybe not with breaking in, but shoplifters suing when caught claiming assault, known shoplifters refused entry to a shop claiming and defamation.

      1. Martco

        I would hope the legal system has some sort of protection built in to protect against frivolous claims and legals for that business owner? to stop this before it ever gets started? do solicitors not have some sort of code of practice to adhere to for cases like this one that’s obviously obvious?
        scumbag there is obviously smart driven & horizontal enough to play games with the system. but this business owner pays bigtime now in time and costs & we all pay to support the scumbags playtime, if this case moves forward even an inch everyone loses.

        1. Listrade

          97% of claims are settled before they go to court, that’s the protection…for the legal profession and insurance companies. Most of the names you’ll see who defend claims are self-insured and so are in a position to fight. Those under major insurers rarely get to defend.

          There is no incentive on the legal profession to not take on dubious claims as there’s a 97% chance the person will get something without even having to go to court. And if they get something, then the solicitor gets something too.

          The fact that the cost of defending is so high means that it can be a lot cheaper to settle and get rid of the nuisance.

          I can give a live example of a case right now whereby a Supreme Court decision explicitly states that there is no case in these circumstances. Their solicitor knows this, yet the claim persists. We will win in court, but in the last 12 months, we’ve still racked up €6K in fees for handling the case (letters, emails and meetings). We now have a high court summons and additional costs.

          Insurance company advises offering €15K to make it go away. Their solicitor is as open as he can be in saying that he knows he’ll probably lose in court, but we’ll end up with the costs, so better to settle now or pay more in court. That type of blackmail is common.

          The Law Society of Ireland doesn’t do anything. They don’t even police the breaches of their advertising code that is openly ignored by solicitors.

          1. Martco

            jesus wept
            is it a case of the Law Soc not doing something they’re supposed to be doing or is it just one of those black holes in the system?
            I had one brush with this leveraging of the system to achieve result/undesirable side effect driven by an ulterior motive in the past….6 years & I won in the end but it costs money & you can end up losing some years off your life if you’re not a regular at the four courts with the stress. the application of the law is an arse sometimes.

          2. Listrade

            It’s impossible to say. It’s extremely hard to get data and to get cooperation on getting data. There’s only so much you can get from the public information and that tends to leave a lot of questions that no one will give an answer to.

            But you’ve a system that rewards early settlement. Which is fair enough…if liability isn’t in dispute. It was way worse before the PIAB, cases would be deferred for years pending “medical review” by legal teams. The longer the case went on, the more legal fees were racked up. Even if liability was admitted and someone wanted to settle, it could still take up to 5 years and legal costs could be 50% of the final figure.

            Now at least that has sped up. But only if the solicitor wants to play ball. If it’s settled through the PIAB, then the legal fees are minimal. However, if the solicitor rejects the PIAB assessment as too low, then starts court proceedings, even if the settlement is the same as the PIAB, their fee is higher.

            What number of assessments are rejected by claimants? Not sure. PIAB used to report them, now don’t. Figure used to be around 25%. How many of those go on to be settled for the same or close to the same as the PIAB assessment? Don’t know, insurance industry won’t provide that data.

            Judges want you to settle so that the courts aren’t “clogged up”. The system rewards settling. Like with defamation, the cost of defending a claim is considerable. The cost of instigating a claim is relatively cheap. Access to justice should be fair and equal. That includes defending against accusations.

            In effect the system encourages claims blackmail in order to get some payment. The tools to police that are pretty weak and rarely used.

      1. Janet, I ate my Avatar

        I’d be interested in knowing the flu vaccine stats for Australia
        My Mums doctor said he didn’t want to give it to her because she was healthy she’s 70 does that sound right

        1. Brother Barnabas

          that’s odd. this year’s flu vaccine is a high dose vaccine (3 or 4 times the usual level of antigen) that’s been specifically created for elderly. some doctors aren’t keen on giving it to children, not sure why.

        2. Andyourpointiswhatexactly?

          I think he sounds like an eejit. Just give it to her. Tell him I said so. Or is it too late now?

        3. mildred st. meadowlark

          Your mam living in Oz Janet?

          Coz they are all mad over there. And they don’t like science, or even FACTS for that matter.

          FACT.

  2. jusayinlike

    @ Petey

    Not only did Karl Marx maintain close ties with the Jesuits and Freemasonry throughout his career; he was also directly related to the British aristocracy through his marriage to Jenny Von Westphalen, a descendant of the Countess of Balcarras and Argyll, two of the oldest titles in England.

    Eustace Mullins

    The Communist International was the first step in this program of activism. At first it was simply known as the League of the Just, a branch of the Illuminati. This group commissioned Karl Marx to write the Communist Manifesto in 1847; it was published in 1848 and was immediately given worldwide circulation by the international offices of Freemasonry. Throughout his long political career, Marx was known to work actively with both the Jesuits and the Freemasons. In 1864, Marx organized the International Workingmen’s Party in London; in 1872 he moved it to New York, where it was merged with the Socialist Party. Marx received a regular stipend from American newspapers as a columnist, employment which had been arranged for him by the Freemasons.

    Eustace Mullins

    Stooge..

    1. Malta

      Wrong thread? Or did a comment from Petey get deleted?

      And does marriage rally make you directly related to your spouse’s family?

  3. bisted

    …petey is often mistaken for commie in residence due to his constant whinging about the Morning Star being left out of the newspaper review section…he is, however, circulation manager for the Morning Star and, as such, is merely another running dog of capitalism…

  4. GiggidyGoo

    The Dukes lieutenants have been sent out to march up the hill, and down again. The weekly Grand Old Duke of Cork story. At this stage, FF are an utter laughing stock.

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