Man gets €20k for jambon embarrassment

__Alex__

Tombo2001 wrote: »

Sure.

And which one justifies a 20000 euro compensation payment.


Or even a 500 euro compensation payment.


Jeez......perspective people.

Sure, the vast majority of people wouldn't take the case but this person did and won. It's probably a standard amount for defamation. People don't willy nilly decide the amount they want to be compensated.

Samuel T. Cogley

Tombo2001 wrote: »

I am not asking about the judges perspective.



I'm asking about your perspective.



If you think its fair, the please explain why.

Until the case is reported



It's going to be very difficult to make any intelligent or



certainly informed points











in that regard. That's assuming it is ever reported, does anyone have the case, I didn't see if it was in the Curcuit or High Court.

Doctor Nick

Bandana boy wrote: »

That is exactly the kind of post a thief would make

:rolleyes: right, ya got me.

Sam Kade

Samuel T. Cogley wrote: »

Seriously would these threads ever fcuking stop? The guy was defamed, it was a profitable business that decided to do it (by not training it's staff). The begrudary in this country really grinds you down after a while.

I was with you until you brought out the begrudgery line :mad:

Samuel T. Cogley

Sam Kade wrote: »

I was with you until you brought out the begrudgery line :mad:

Ah don't begrudge me my anti-begrudary.

Sam Kade

Tombo2001 wrote: »

Its funny.

I was in a clothes store in Dublin about 15 years ago.

Tried on some stuff. Put it back. Didn't particularly want to talk to the shop assistant cause of the banality of the conversation:

'are ya all right for sizes'

'I'm looking for a medium, there's none here'

'well its really just what we have there in the shop'.

Anyway, on this occasion, shop was in temple bar. I left, walked 2 or 3 blocks away, and was stopped by a security guard who wants to look in my bag.

What for

You took something from the shop.

No I didn't

Lets see your bag.

Not opening it here on the street in front of everyone. I'll do it back in the shop.

Ok

......I go back to the shop, security guard, shop assistant, store manager are all there. I open my bag. Nothing in it.

And then.....

Not even an apology. The manager starts whingeing at the assistant; the assistant is giving out because I wouldn't talk to her in the shop, as if the whole thing is my fault. They said not a word more to me.

I have often thought back at how much they would have paid out if I had sued and gone through the courts.

Having said that - for the level of discomfort and embarrassment it caused me on the day, I would think a 100 euro voucher would have easily been fair redress.

Where they get this 20k from - its an insult to all the people who go out and do an honest days work for 100 or 200 a day..

Was it Dublin or New York :rolleyes:

Tombo2001

__Alex__ wrote: »

Sure, the vast majority of people wouldn't take the case but this person did and won. It's probably a standard amount for defamation. People don't willy nilly decide the amount they want to be compensated.

I see lots of people answering questions I didn't answer.

Sure its the standard amount for defamation. THat is exactly the problem. THat is why we have a major moral hazard issue. That is why there is a compo culture.

The question I asked is

Why is a 20k payment appropriate in this case, for what happened, and not a 2k payment.

20k being the equivalent of 5 years savings for someone on the average wage in Ireland.

I have no problem with the shop being punished. Its the amount I have a big problem with.

Tombo2001

Sam Kade wrote: »

Was it Dublin or New York :rolleyes:

Genius comment.

osarusan

Tombo2001 wrote: »

Sure.

And which one justifies a 20000 euro compensation payment.


Or even a 500 euro compensation payment.

I think the issue of what constitutes appropriate compensation is a fair question.


But I think it is a different question to whether or not the judge reached the right verdict or not. That is what I, at least, was talking about.

Tombo2001

osarusan wrote: »

I think the issue of what constitutes appropriate compensation is a fair question.


But I think it is a different question to whether or not the judge reached the right verdict or not. That is what I, at least, was talking about.

Nobody is saying the shop was in the right here.

There is no discussion around that.

Samuel T. Cogley

Tombo2001 wrote: »

Nobody is saying the shop was in the right here.

There is no discussion around that.

There has been plenty of discussion on that.

__Alex__

osarusan wrote: »

I think the issue of what constitutes appropriate compensation is a fair question.


But I think it is a different question to whether or not the judge reached the right verdict or not. That is what I, at least, was talking about.

Me too. It probably is too much. It's not relevant to whether the verdict was the correct one or not. It is what it is.

__Alex__

Tombo2001 wrote: »

Nobody is saying the shop was in the right here.

There is no discussion around that.

Most of the discussion has been around that.

pilly

__Alex__ wrote: »

Most of the discussion has been around that.

Just not in Tombo's head.

osarusan

Tombo2001 wrote: »

Nobody is saying the shop was in the right here.

There is no discussion around that.

Go back and read post #22. Most of the discussion was in response to that post and poster.

Doctor Nick

I actually would be very interested in how they determined the amount to pay this man (and any other cases where tens of thousands were awarded). How exactly are these things measured? Can we find guidelines somewhere?

Frivolous lawsuits piss me off when I read about them (such as the hill walker who fell or the 15 year old lad on his bike that was reported today). And while I think this particular case was warranted in that IMO (and the judges) the man was defamed the amount awarded is indeed excessive.

osarusan

Doctor Nick wrote: »

I actually would be very interested in how they determined the amount to pay this man (and any other cases where tens of thousands were awarded). How exactly are these things measured? Can we find guidelines somewhere?

Frivolous lawsuits piss me off when I read about them (such as the hill walker who fell or the 15 year old lad on his bike that was reported today). And while I think this particular case was warranted in that IMO (and the judges) the man was defamed the amount awarded is indeed excessive.

The Book of Quantum is used for personal injury cases.

That's the guideline, but I don't know how the book reaches those figures.

Elemonator

I'm tired of exaggerated pay outs in the Courts these days but this one was fully warranted.

It was a defamation case and he was accused of stealing. If he was local or known by the locals, news of the perceived robbery would have been nigh impossible to contain. He would be the talk of the town and likely never trusted completely again. Having that label attached to you could have hampered family and social relationships, professional reputation employment prospects, his reputation as a honest person, even his banking etc.

He was fully right to take that case to set the record straight. The €20,000 is deserved but a little on the high side.

So not a "gravy train".

I know for a fact that anybody who has expressed disdain with the case would be the first in line if they had been accused of the same. So get off your high horses.

1874

Doctor Nick wrote: »

I actually would be very interested in how they determined the amount to pay this man (and any other cases where tens of thousands were awarded). How exactly are these things measured? Can we find guidelines somewhere?

Frivolous lawsuits piss me off when I read about them (such as the hill walker who fell or the 15 year old lad on his bike that was reported today). And while I think this particular case was warranted in that IMO (and the judges) the man was defamed the amount awarded is indeed excessive.

The amount might be a little high, I looked up defamation in legislation out of curiosity (what was said about slander & libel) and that there was a figure mentioned that I think started at 15k for defamation, this guy got a little bit more than that.
Frivilous would be banging your knee off a table leg, falling off your bike or tripping on a mountain path and taking a case, where it can be expected that you might bang your knee and no longterm damage is likely, cycling is moderate risk of falling and hillwalking means the terrain would be rough, (unless in the latter cases someone dug a hole for some works and left it unbarriered/unsigned). Being defamed isn't trivial, taking a case to defend yourself against defamation isn't frivilous.

Doctor Nick

1874 wrote: »

The amount might be a little high, I looked up defamation in legislation out of curiosity (what was said about slander & libel) and that there was a figure mentioned that I think started at 15k for defamation, this guy got a little bit more than that.
Frivilous would be banging your knee off a table leg, falling off your bike or tripping on a mountain path and taking a case, where it can be expected that you might bang your knee and no longterm damage is likely, cycling is moderate risk of falling and hillwalking means the terrain would be rough, (unless in the latter cases someone dug a hole for some works and left it unbarriered/unsigned). Being defamed isn't trivial, taking a case to defend yourself against defamation isn't frivilous.

I agree with you, and while i did mention frivolous in my reply I was not referring to this case in that context, I meant frivolous to mean banging the knee, falling while out hiking and cycling the wrong way through a roundabout. As I've said throughout this thread the plaintiff was entitled to take a defamation case given he was defamed. The amount awarded is eye watering but that's not really for me to make a judgement on as I have no knowledge of that. But thanks for confirming the €15K amount - interesting to know that he wasn't awarded much more than the minimum for defamation.

1874

Doctor Nick wrote: »

I agree with you, and while i did mention frivolous in my reply I was not referring to this case in that context, I meant frivolous to mean banging the knee, falling while out hiking and cycling the wrong way through a roundabout. As I've said throughout this thread the plaintiff was entitled to take a defamation case given he was defamed. The amount awarded is eye watering but that's not really for me to make a judgement on as I have no knowledge of that. But thanks for confirming the €15K amount - interesting to know that he wasn't awarded much more than the minimum for defamation.

Thats not an exact confirmation, its my recollection, could have been 10k or 15k or I could be mistaken, I just looked up the statute (quickly) and I can find nothing that refers to that figure, but there are other figures mentioned and a whole lot more has been paid out for defamation in other cases

Discodog

Elemonator wrote: »

I'm tired of exaggerated pay outs in the Courts these days but this one was fully warranted.

It was a defamation case and he was accused of stealing. If he was local or known by the locals, news of the perceived robbery would have been nigh impossible to contain. He would be the talk of the town and likely never trusted completely again. Having that label attached to you could have hampered family and social relationships, professional reputation employment prospects, his reputation as a honest person, even his banking etc.

He was fully right to take that case to set the record straight. The €20,000 is deserved but a little on the high side.

So not a "gravy train".

I know for a fact that anybody who has expressed disdain with the case would be the first in line if they had been accused of the same. So get off your high horses.

OMG The Shame. Nearly as bad as his name in the paper for not having a TV license.

He should of got a €250 shop voucher. Just don't complain when you can't pay your insurance premium.

Elemonator

Discodog wrote: »

OMG The Shame. Nearly as bad as his name in the paper for not having a TV license.

He should of got a €250 shop voucher. Just don't complain when you can't pay your insurance premium.

I don't think it has a massive on insurance premiums to be honest. Hundreds of thousands, if not millions of people, pay insurance of some kind here on something. Claims have risen to ridiculously high levels with respect to damages and quantity but I think they pale in comparison to just how high insurance has gone up. The fact is that the large insurance companies gambled on the world markets and lost heavily. This led to us subsidising their mistakes and restoring the coffers with enlarged premiums.

kfallon

As we are on the ould defamation theme.....

http://www.independent.ie/irish-news/courts/nurse-called-skankhole-by-driver-loses-75000-claim-35591578.html

Skankhole :pac::pac::pac:

€75k ffs!

Doctor Nick

kfallon wrote: »

As we are on the ould defamation theme.....

http://www.independent.ie/irish-news/courts/nurse-called-skankhole-by-driver-loses-75000-claim-35591578.html

Skankhole :pac::pac::pac:

€75k ffs!

Delighted. Hope the skankhole has to pay the tab :pac::pac::pac:

please helpThank YOU

Doctor Nick wrote: »

Delighted. Hope the skankhole has to pay the tab :pac::pac::pac:

Skankhole?

wakka12

stories like this always make me think about how people just a few generations before us actually had hard lives

'for damages' lol

Doctor Nick

please helpThank YOU wrote: »

Doctor Nick wrote: »

Delighted. Hope the skankhole has to pay the tab :pac::pac::pac:

Skankhole?

No idea what it means but it's the reason she took the case.

Ubbquittious

osarusan wrote: »

The Book of Quantum is used for personal injury cases.

That's the guideline, but I don't know how the book reaches those figures.

Any link to the original Latin version?

I doubt the underground secret society who write this bother with the language of the commoners.

PIAB is only a front. The people who write the original meet deep underground in the dungeon of a castle in the Swiss countryside. They all wear robes and sit along a table that's about 20 meters long each with a small silver chalice of red wine infront of them.

The only conclusion I can think of is that they use special Ouja board to come up with the figures

please helpThank YOU

Doctor Nick wrote: »

No idea what it means but it's the reason she took the case.

what does skankhole mean?