looking for judgement from the circuit court

MapForJ

I am looking for a judgement from the circuit court as a result of an action about this fire. the first one mentioned

I searched courts.ie with the defendents name but found nothing. am i allowed put the defendents name here?

The fire was in May 2008 so the court would be in ... 2009 .. 2010?

blueythebear

MapForJ wrote: »

I am looking for a judgement from the circuit court as a result of an action about this fire. the first one mentioned

I searched courts.ie with the defendents name but found nothing. am i allowed put the defendents name here?

The fire was in May 2008 so the court would be in ... 2009 .. 2010?

WHat kind of case was this? A criminal case or a civil case?

If it was a criminal case, your best bet is to search the local press for the name of the accused. I'm presuming you're looking for details of whether someonne was convicted of murder, manslaughter, arson or whatever.

You won't find criminal cases online like this. That info is not available, only from the papers really.

nuac

If it was a criminal case, the State Solicitor for that area may be able to help you.

If it was a Civil case, there is unlikely to be a formal written judgement.

MapForJ

blueythebear wrote: »

WHat kind of case was this? A criminal case or a civil case?

If it was a criminal case, your best bet is to search the local press for the name of the accused. I'm presuming you're looking for details of whether someonne was convicted of murder, manslaughter, arson or whatever.

You won't find criminal cases online like this. That info is not available, only from the papers really.

it was a case for compensation becaus ethe flat did not have firescape/smoke alarm. The accused was found guilty of negligence. is that civil or criminal?
Thanks

blueythebear

MapForJ wrote: »

it was a case for compensation becaus ethe flat did not have firescape/smoke alarm. The accused was found guilty of negligence. is that civil or criminal?
Thanks

That's a civil case and are you sure that it was in the Circuit Court? If it was in the High Court (negligence action in respect of the death of a 51 year old man would come within HC jurisdiction even if it involves a death (presuming no contributory negligence) i'd have thought) you could do a High Court Search.

If it's a Circuit Civil matter, you're not going to be able to get the judgement.

coylemj

MapForJ wrote: »

it was a case for compensation becaus ethe flat did not have firescape/smoke alarm. The accused was found guilty of negligence. is that civil or criminal?
Thanks

Hmm.... very confusing. 'compensation' suggests a civil case while 'found guilty' says criminal and 'negligence' could be either.

Was the landlord charged by the Gardai or a Government agency with a specific breach of the law or was he sued by a person who was injured in the fire or the spouse, child or an economic dependent of the guy who died in the fire?

If it was a criminal case and as you said, he was 'found guilty' then he would have been fined or sent to jail. If it was a civil action and he was found to have been negligent then the plaintiff (the person who took the case) would have been awarded damages i.e. money.

MapForJ

coylemj wrote: »

Hmm.... very confusing. 'compensation' suggests a civil case while 'found guilty' says criminal and 'negligence' could be either.

Was the landlord charged by the Gardai or a Government agency with a specific breach of the law or was he sued by a person who was injured in the fire or the spouse, child or an economic dependent of the guy who died in the fire?

If it was a criminal case and as you said, he was 'found guilty' then he would have been fined or sent to jail. If it was a civil action and he was found to have been negligent then the plaintiff (the person who took the case) would have been awarded damages i.e. money.

yes it is confusing sorry. It was the sister of the man who died who took the action. On radio she said the defendant was found guilty of negligence
and said circuit court. I think she said guilty but definately said 'negligence' and 'circuit court'

coylemj

MapForJ wrote: »

yes it is confusing sorry. It was the sister of the man who died who took the action. On radio she said the defendant was found guilty of negligence
and said circuit court. I think she said guilty but definately said 'negligence' and 'circuit court'

If the case was initiated by her then it was a civil suit i.e. she sued him for damages. If he was found to have been negligent (let's not say 'found guilty') then she would have been awarded an amount of money against the landlord.

Was she claiming to have been economically dependent on the man who died or by what legal device did she claim damages against the landlord? I'm not sure an adult sibling can claim money for shock and distress arising out of a death of this nature. If she was actually in the house when the fire happened then of course that's a different story.

MapForJ

coylemj wrote: »

If the case was initiated by her then it was a civil suit i.e. she sued him for damages. If he was found to have been negligent (let's not say 'found guilty') then she would have been awarded an amount of money against the landlord.

Was she claiming to have been economically dependent on the man who died or by what legal device did she claim damages against the landlord? I'm not sure an adult sibling can claim money for shock and distress arising out of a death of this nature. If she was actually in the house when the fire happened then of course that's a different story.

He was in the house alone. It was a block of flats with 2 others but they were not there. I think it was case for negligence on the basis that the house had no smoke detector/fires escape. She said the man-her brother- made it down from top floor to just inside the front door before being overcome and i think it was saying that with a smoke alarm to wake him earlier he would have made it out and lived

let's not say 'found guilty

OK

coylemj

I understand, I'm just curious as to her standing in the case. Legally (I am not a lawyer by the way so totally open to correction on this) I can't see how she could sue the landlord unless she was economically dependant on the brother who died.

Was the sister suing in her own right or (perhaps) on behalf of the brother's children, if he had any?

Let's take a hypothetical case to illustrate what I mean. Lets say A and B are brothers and their parents are dead, both are economically independent i.e. neither depends on the other for financial support. A was never married and has no children.

Now let's say A is knocked down off his bike by a negligent motorist and killed and B was not present so there is no immediate trauma involved. I cannot see any way by which B can sue the motorist so I'm puzzled by how the sister in your case was able to sue the landlord.

MapForJ

coylemj wrote: »

I understand, I'm just curious as to her standing in the case. Legally (I am not a lawyer by the way so totally open to correction on this) I can't see how she could sue the landlord unless she was economically dependant on the brother who died.

Was the sister suing in her own right or (perhaps) on behalf of the brother's children, if he had any?

Let's take a hypothetical case to illustrate what I mean. Lets say A and B are brothers and their parents are dead, both are economically independent i.e. neither depends on the other for financial support. A was never married and has no children.

Now let's say A is knocked down off his bike by a negligent motorist and killed and B was not present so there is no immediate trauma involved. I cannot see any way by which B can sue the motorist so I'm puzzled by how the sister in your case was able to sue the landlord.

I don't know .All I know is what she said on radio. Thay is why i want the judgement;)
The brother did not have any children. All she said was negligence and circuit court and that it was because of the lack of fire escape/smoke alarm caused the death.