Finally a judge with common sense

Help!!!! · 17-12-2016 3:17pm #1

Student slips on wet grass during hockey training so decides to sue school....Loses case & asks that costs would not need to be paid

http://www.independent.ie/irish-news/courts/student-who-sued-school-after-hockey-slip-has-lost-her-case-35300307.html

_Kaiser_ · 17-12-2016 3:28pm

Fair play to him .. she had to wear sparkly runners to her debs? Boo-hoo!

Girl plays outdoor sport on a winter's evening and complains about wet grass? I genuinely am not sure anymore whether cases like this are people chancing their arm for a payout, or whether we really have become a country of soft, hyper-sensitive eejits.

When I tripped and fell as a kid or even now if I did it, I'd curse myself for not watching where I was going and hope no-one saw me

The notion of running to a lawyer would never have occurred to me!

But then, her counsel asks not to award costs against her? (as would be normal) because she's starting out in adult life. Not only would I award costs, I'd add a fee as a valuable life lesson!

pickarooney · 17-12-2016 3:29pm

A pitch made of shale and grit sounds kind of painful. Why not glass and nails?

_Kaiser_ · 17-12-2016 3:30pm

pickarooney wrote: »

A pitch made of shale and grit sounds kind of painful. Why not glass and nails?

Simple solution though... if you don't like the conditions, don't play the game.

I doubt she was forced to pick up a hockey stick.

mzungu · 17-12-2016 4:20pm

pickarooney wrote: »

A pitch made of shale and grit sounds kind of painful. Why not glass and nails?

Being a hockey player is punishment enough.

However, the verdict was spot on.

BorneTobyWilde · 17-12-2016 4:23pm

Could never win a case like that, it would open the flood gates. If you play sport you can get injured, you don't sue people because of it .

K.Flyer · 17-12-2016 4:34pm

Her solicitor deserves a kick in the hole for taking that to court. Slipping on wet grass while playing a sport ffs, whats next.
People really need to start taking responsibility for their own actions or inactions and stop looking for someone else to blame.

wakka12 · 17-12-2016 4:38pm

_Kaiser_ wrote: »

Simple solution though... if you don't like the conditions, don't play the game.

I doubt she was forced to pick up a hockey stick.

I haven't even read the story and Im glad she wasnt compensated but this might not be true a lot of girls schools are forced girls to play hockey for at least a bit of time in secondary school, same with some boys schools and rugby

17-12-2016 4:41pm

K.Flyer wrote: »

Her solicitor deserves a kick in the hole for taking that to court.

He hardly compelled her, the Form A must be signed by the Applicant, she would have decided to proceed. If she was told she had a good case, then that would have been bad advice, school/sports cases are usually difficult as Judges take the standard "it was an accident" line.

Atari Jaguar · 17-12-2016 4:45pm

:rolleyes: I remember walking down the steeet in Enniscorthy and I slipped on an Eircom manhole cover I hurt myself a fair bit but I got up as quick as I fell and just carried on hoping no one saw. Could I have sued eir or the council? Prolly. Would I be bothered? No.

This kind of nonsense wastes more money than needed. Like on one of the main Streets in Wexford Town there's a very slippy path way along the shops, several people have slipped and sued the council. After being sued so often they then spent more money having independent slip testers brought over from England to check for things like invisible or hard to spot algi or things. The path way is clear and there's no reason for everyone slipping and sliding. Scientifically speaking anyway. It's a slippy walk for certain but I can't see why you'd sue for being what I'd call an idiot.

K.Flyer · 17-12-2016 4:46pm

[Deleted User] wrote: »

He hardly compelled her, the Form A must be signed by the Applicant, she would have decided to proceed. If she was told she had a good case, then that would have been bad advice, school/sports cases are usually difficult as Judges take the standard "it was an accident" line.

I think some solicitors may as bad as their clients nowadays in the growing age of the claim culture that we live in. I would have thought she was badly advised to proceed with such a claim.

Atari Jaguar · 17-12-2016 4:49pm

Ah ''tis funny tho, "I'm suing because I broke my leg. Now I've been healed and I got the treatment free via HSE but that money is needed to heal my emotional trauma. I have not looked at grass the same way again. I am afraid of the grass. I can hear the grass taunting me."

NIMAN · 17-12-2016 4:50pm

High five for the judge.

If only there were more like him.

Dirty Dingus McGee · 17-12-2016 4:51pm

K.Flyer wrote: »

Her solicitor deserves a kick in the hole for taking that to court. Slipping on wet grass while playing a sport ffs, whats next.
People really need to start taking responsibility for their own actions or inactions and stop looking for someone else to blame.

He's getting paid regardless so why should he turn down the money when he has a complete sap to take advantage of.

K.Flyer · 17-12-2016 5:03pm

Dirty Dingus McGee wrote: »

He's getting paid regardless so why should he turn down the money when he has a complete sap to take advantage of.

If he was on a "No Foal, No Fee" agreement he ain't getting anything.

17-12-2016 5:15pm

K.Flyer wrote: »

I think some solicitors may as bad as their clients nowadays in the growing age of the claim culture that we live in. I would have thought she was badly advised to proceed with such a claim.

If she was positively advised to proceed by a Solicitor who didn't advise her of any weaknesses in the case, she may have a claim for negligence against him. I don't know of the Solicitor who welcomes claims against themselves. The Section 68 letter will actually set out that if the case is lost, costs may be awarded against the client. Furthermore, the Barrister who drafts proceedings will usually give an analysis of the weaknesses of the case. If the client wants to plough on, it's entirely up to them.

17-12-2016 5:17pm

Dirty Dingus McGee wrote: »

He's getting paid regardless so why should he turn down the money when he has a complete sap to take advantage of.

Because in the event of a loss, particularly losing costs, obviously it becomes a tad trickier to recoup fees. If a Solicitor ignored weaknesses in a case and advised the client to proceed, he may well be sued.

boardsuser1 · 17-12-2016 5:19pm

Another judge with common sense

http://www.limerickpost.ie/2016/11/29/judge-warns-racketeering-must-stop-exaggerated-claims/

Tin Foil Hat · 17-12-2016 5:31pm

Ms Cole's counsel asked that costs of the two days action not be awarded against the student as he said she was starting out on her adult life.

Tough. She should have thought of that beforehand. If the courts bankrupted a few of these gouging morons, it wouldn't be long before these frivolous cases came to a magical end.

dmc17 · 17-12-2016 6:18pm

_Kaiser_ wrote: »

Fair play to him .. she had to wear sparkly runners to her debs? Boo-hoo!

Probably a good think in hindsight, as with an few drinks and high heels on, there could've have been a bigger compensation claim in the pipeline

wonski · 17-12-2016 6:27pm

It is disgusting what some people will try to get cash for nothing.

How can these people leave their houses without injuring themselves

One_Of_Shanks · 17-12-2016 6:28pm

K.Flyer wrote: »

Her solicitor deserves a kick in the hole for taking that to court. .

There's the sad thing. They'll do it. They're every bit as guilty as the chancers who try things like this.

It used to be funny about 15 years ago hearing about all the americans suing the crap out of each other for everything but it is rife here now and it's a horrible thing.

The judges and solicitors are more to blame than anyone. If they threw out more cases by chancers then there would be fewer people trying their luck.

Finally a judge with common sense

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