Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Irish dance teacher must pay costs after failing in a case against cruise line

  • 23-10-2020 9:17am
    #1
    Wheety
    Registered Users, Registered Users 2 Posts: 5,516 ✭✭✭


    How much would she be looking at here?

    Lost in the High Court and the Court of Appeal and now full legal costs have been awarded against her.

    She went on a "White Knuckle Jet Boat Thrill Ride" and ended up with a fractured elbow.

    Her legal team tried to claim that as her case set new precedent for personal responsibility, it is basically a public service and she shouldn't have to pay full legal costs. Is that a legit argument? Maybe I'm reading that point wrong?

    "Judges Séamus Noonan, Robert Haughton and Maurice Collins noted that Ms Kellett had argued that the normal rule – that the loser pays – should not apply in this case.

    She claimed the judgments in her case decided points of exceptional public importance, particularly in relation to the standard by which the test of reasonable skill and care is to be judged."

    https://www.irishtimes.com/news/crime-and-law/courts/high-court/woman-loses-appeal-over-dismissal-of-thrill-ride-damages-claim-1.4259446

    https://evoke.ie/2020/10/23/life-style/travelnews/irish-dancing-teacher-loses-case

    Good to see that it's not always the fault of the business when someone hurts themselves.


Comments

  • #2
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,643 ✭✭✭✭ohnonotgmail


    no idea what the costs could be but at least 6 figures would be my guess. in regards to " points of exceptional public importance" I have seen that used but only when the defendant was the government. I cant recall it being used in a personal injury case.


  • #3
    Wheety
    Registered Users, Registered Users 2 Posts: 5,516 ✭✭✭Wheety


    ohnonotgmail wrote: »
    no idea what the costs could be but at least 6 figures would be my guess. in regards to " points of exceptional public importance" I have seen that used but only when the defendant was the government. I cant recall it being used in a personal injury case.

    Probably why it was rejected completely.


Advertisement