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Fair play to that judge

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  • 04-04-2017 9:27pm
    #1
    NIMAN
    Registered Users Posts: 33,082 ✭✭✭✭


    I wouldn't be a fan of the compo culture which seems to be out of control in this country at present, and it saddens me to see vultures getting big money for such terrible injuries as banging their knee on a table.

    But this story struck a chord with me
    http://m.independent.ie/irish-news/courts/i-cant-ban-games-in-school-judge-tells-mother-of-girl-6-injured-during-game-of-chase-35591576.html

    There was another big refusal of compensation in court to a girl who a bus driver basically slagged off for dropping litter, but the linked story actually made me rejoice in the justice system.

    As a father of 3 small kids, I feel their school lives could have been irreparably damaged had this woman won her case. I'm sure a lot of insurance companies would have told their schools to tell their kids, 'no running allowed anyway'. And all because one single woman wanted a few quid for an injury that happened 7 yrs ago. People like her have the potential to affect hundreds of thousands of others..

    So for that, fair play judge, I'd like to shake your hand.


«13

Comments

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    #2
    please helpThank YOU
    Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    But the Poor Child was Injured the Child is Paramount in Law?


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    #3
    amcalester
    Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Good to see common sense prevail.


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    #4
    Hunchback
    Registered Users Posts: 1,629 ✭✭✭Hunchback


    please helpThank YOU wrote: »
    But the Poor Child was Injured the Child is Paramount in Law?

    ....and it is in the interests of children that the judge found as he did


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    #5
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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    #6
    The_Valeyard
    Closed Accounts Posts: 12,452 ✭✭✭✭The_Valeyard


    Patww79 wrote: »
    Two stories that put a small bit of my faith back in things.

    Now if we can just reverse that restaurant claim.


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    #7
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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    #8
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Claims against schools and crèches for accident while kids are playing almost always fail. Kids will be kids, they will fall and they will get hurt and all the supervisors in the world won't prevent that.


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    #9
    Doctor Nick
    Closed Accounts Posts: 1,506 ✭✭✭Doctor Nick


    Not read article but presume this is the skankhole. Precious little thing. Hopefully, as a result of the publicity, she'll be known as skankhole by everyone going forward. Fair play to the judge.


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    #10
    byhookorbycrook
    Moderators, Education Moderators, Regional South East Moderators Posts: 12,481 Mod ✭✭✭✭byhookorbycrook


    As a primary teacher, I am thrilled to see this common sense prevail. It's a pity there aren't more judges who can see that children can't be bubble wrapped and need to run/jump/climb/get dirty.


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    #11
    please helpThank YOU
    Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Hunchback wrote: »
    ....and it is in the interests of children that the judge found as he did
    The Judge should not of done this to a very young child who was hurt Injured in the School as the law says a child is Paramount in Law so the Judge is totally wrong in Law.


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    #12
    bear1
    Registered Users Posts: 12,812 ✭✭✭✭bear1


    please helpThank YOU wrote: »
    The Judge should not of done this to a very young child who was hurt Injured in the School as the law says a child is Paramount in Law so the Judge is totally wrong in Law.

    Did the child bring the case to court or the adult?
    Kids get hurt, no way to stop it.
    It's also needed so that they can learn and develop.. we are talking about a game called chase not Russian roulette.
    Fair play judge


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    #13
    Princess Consuela Bananahammock
    Registered Users Posts: 33,045 ✭✭✭✭Princess Consuela Bananahammock


    please helpThank YOU wrote: »
    The Judge should not of done this to a very young child who was hurt Injured in the School as the law says a child is Paramount in Law so the Judge is totally wrong in Law.

    If you really believe that then you have no understanding of law: there is no law that states someone must automatically be responsible every time there is an accident.

    I got injured at school. Many times. As did most of us. Some of us even wound up in emergency wards. But we got up, we healed and we got on with it.

    Everything I don't like is either woke or fascist - possibly both - pick one.



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    #14
    Venom
    Registered Users Posts: 6,984 ✭✭✭Venom


    This sort of bollocks will continue until Judges start making all legal costs liable by the losing party.


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    #15
    please helpThank YOU
    Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Venom wrote: »
    This sort of bollocks will continue until Judges start making all legal costs liable by the losing party.
    Who a Young Child?


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    #16
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    please helpThank YOU wrote: »
    The Judge should not of done this to a very young child who was hurt Injured in the School as the law says a child is Paramount in Law so the Judge is totally wrong in Law.

    You are completely confusing different areas of law, the interests of the child are paramount in matters like custody and access disputes, but the do not trump the law of negligence in tort...albeit that the standard of care is higher. Nonetheless, it is not so great as to displace common sense, kids play and kids fall, the Courts almost always throw out these claims.


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    #17
    please helpThank YOU
    Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Deleted User wrote: »
    You are completely confusing different areas of law, the interests of the child are paramount in matters like custody and access disputes, but the do not trump the law of negligence in tort...albeit that the standard of care is higher. Nonetheless, it is not so great as to displace common sense, kids play and kids fall, the Courts almost always throw out these claims.
    So in one court the child is Paramount in law . and when the young child gets hurt Injured he/she is not Paramount why is that?:confused:


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    #18
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    please helpThank YOU wrote: »
    So in one court the child is Paramount in law . and when the young child gets hurt Injured he/she is not Paramount why is that?:confused:

    Because they are completely different areas of law, with very different issues. And it's pretty obvious why. Because in custody and access cases, the interests of the child should be crucial. But in tort, it shouldn't automatically mean there was negligence when there was none.


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    #19
    pablo128
    Closed Accounts Posts: 6,221 ✭✭✭pablo128


    please helpThank YOU wrote: »
    So in one court the child is Paramount in law . and when the young child gets hurt Injured he/she is not Paramount why is that?:confused:

    If your child tripped over a sweeping brush in your kitchen and busted their arm or something, would you put in a personal injuries claim against your house insurance?


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    #20
    Princess Consuela Bananahammock
    Registered Users Posts: 33,045 ✭✭✭✭Princess Consuela Bananahammock


    please helpThank YOU wrote: »
    So in one court the child is Paramount in law . and when the young child gets hurt Injured he/she is not Paramount why is that?:confused:

    The child is not paramount in law - the child's interests are paramount. And in this case, the childs interests are not served by the handing of a large sum of money to the parent.

    Everything I don't like is either woke or fascist - possibly both - pick one.



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    #21
    please helpThank YOU
    Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Princess Consuela Bananahammock wrote: »
    The child is not paramount in law - the child's interests are paramount. And in this case, the childs interests are not served by the handing of a large sum of money to the parent.
    Yes the Injured Hurt Child should have been Compensated for his/hers Injuries as one law says the child is Paramount in Law but now the Hurt Injured Child is not why is that ?:confused:


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    #22
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    please helpThank YOU wrote: »
    Yes the Injured Hurt Child should have been Compensated for his/hers Injuries as one law says the child is Paramount in Law but now the Hurt Injured Child is not why is that ?:confused:

    Because they are completely different areas in l...wait, are we going round in circles?

    Read Shatter on Family Law, and McMahon and Binchy on Tort. Otherwise it's just like saying "but one kid got stitches, one kid got a cast, why don't Doctors treat all kids the same".


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    #23
    Princess Consuela Bananahammock
    Registered Users Posts: 33,045 ✭✭✭✭Princess Consuela Bananahammock


    please helpThank YOU wrote: »
    Yes the Injured Hurt Child should have been Compensated for his/hers Injuries as one law says the child is Paramount in Law but now the Hurt Injured Child is not why is that ?:confused:

    The bit in bold is not correct, as has been explained. Furthermore, the answer to your question was posted in the post you replied to.
    Princess Consuela Bananahammock wrote: »
    ... in this case, the childs interests are not served by the handing of a large sum of money to the parent.

    Everything I don't like is either woke or fascist - possibly both - pick one.



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    #24
    please helpThank YOU
    Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    Deleted User wrote: »
    Because they are completely different areas in l...wait, are we going round in circles?

    Read Shatter on Family Law, and McMahon and Binchy on Tort. Otherwise it's just like saying "but one kid got stitches, one kid got a cast, why don't Doctors treat all kids the same".
    In my Opinion the Judge did not give the Injured/Hurt Child Compensation as The Judge is appoint by the government who own the schools that is why the child was not Paramount in law .


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    #25
    Esel
    Registered Users Posts: 22,017 ✭✭✭✭Esel


    please helpThank YOU wrote: »
    In my Opinion the Judge did not give the Injured/Hurt Child Compensation as The Judge is appoint by the government who own the schools that is why the child was not Paramount in law .

    There is a Conspiracy Theories forum on Boards. You should feel right at home there.

    Not your ornery onager



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    #26
    OldMrBrennan83
    Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    This post has been deleted.


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    #27
    Venom
    Registered Users Posts: 6,984 ✭✭✭Venom


    please helpThank YOU wrote: »
    In my Opinion the Judge did not give the Injured/Hurt Child Compensation as The Judge is appoint by the government who own the schools that is why the child was not Paramount in law .


    7yb49.jpg


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    #28
    please helpThank YOU
    Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    So Day one child in Family law court the child is Paramount. So Day two child civil court child is not Paramount and gets hurt/Injured in a Government School this case stinks .


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    #29
    cursai
    Registered Users Posts: 2,915 ✭✭✭cursai


    belch!!!! paramount in laaaawwwww!!!!!


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    #30
    Noveight
    Closed Accounts Posts: 2,813 ✭✭✭Noveight


    Jaysus, the mother was trying fair hard to get money for nothing.


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    #31
    please helpThank YOU
    Banned (with Prison Access) Posts: 1,390 ✭✭✭please helpThank YOU


    My heart goes out to the Hurt/Injured Child and his mother . The Judges will have there big brandy steaks Tonite.


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