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What is a high court hearing?

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    #62
    breda1970
    Registered Users Posts: 26 ✭breda1970


    so if a medical expert wrote up their report last year and i had scan last week which showed up an unexpected injury from the accident,will that bit of new evidence be given to the specialist who wrote the report so he can add it?
    or would it just be used on the day in court?


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    #63
    Reggie Junior
    Banned (with Prison Access) Posts: 7 ✭Reggie Junior


    breda1970 wrote: »
    Is it just because the case is in the high court it can be between €40k- ....
    They don’t need to give an exact figure?

    This wouldn’t even cover the deposit on the Landini.

    Mod
    Pls keep on topic, OK?


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    #64
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    breda1970 wrote: »
    so if a medical expert wrote up their report last year and i had scan last week which showed up an unexpected injury from the accident,will that bit of new evidence be given to the specialist who wrote the report so he can add it?
    or would it just be used on the day in court?

    You would have to get a new report incorporating the new evidence and pass it to the other side. They would have to decide whether to accept it or engage an expert of their own to challenge it. You can't turn up in court pulling injuries from a hat.


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    #65
    Mrcaramelchoc
    Registered Users Posts: 1,795 ✭✭✭Mrcaramelchoc


    Fascinating thread.Can i ask two things.
    In a personal injury high court case if costs are awarded against you is there a ball park figure as to what they might be?

    And can anyone at any time walk into the court sit down and watch proceedings?


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    #66
    Peregrinus
    Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    Mrcaramelchoc wrote: »
    Fascinating thread.Can i ask two things.
    In a personal injury high court case if costs are awarded against you is there a ball park figure as to what they might be?
    No. Depends entirely on how long and complex the proceedings have been. The only thing you can be confident of is that they'll be much higher than you think they ought to be.
    Mrcaramelchoc wrote: »
    And can anyone at any time walk into the court sit down and watch proceedings?
    Usually, yes. The court has power to close the proceedings to the public, but exercising that power in a personal injury case would be vanishingly rare.


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    #67
    CIARAN_BOYLE
    Moderators, Sports Moderators Posts: 14,599 Mod ✭✭✭✭CIARAN_BOYLE


    Mrcaramelchoc wrote: »
    Fascinating thread.Can i ask two things.
    In a personal injury high court case if costs are awarded against you is there a ball park figure as to what they might be?

    Only on personal experience. Figure €10,000 for each day the case lasts in the High Court.

    Roughest ballpark possible. Could be anywhere from a quarter that to double that.


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    #68
    Mrcaramelchoc
    Registered Users Posts: 1,795 ✭✭✭Mrcaramelchoc


    Can it be a draw in cases like this?can the judge just say i can't decide im not giving anything to anyone?


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    #69
    Peregrinus
    Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    Mrcaramelchoc wrote: »
    Can it be a draw in cases like this?can the judge just say i can't decide im not giving anything to anyone?
    No. He has to hand down a judgment.

    The deal is that there's an onus of proof. It's up to the plaintiff to prove that, on the balance of probabilities, the wrong was committed/the contract was breached/whatever. If the evidence is confusing or incomplete to such an extent that the judge simply cannot say what happened, then the plaintiff has not discharged the onus of proof on him. He loses, and the defendant wins.

    A case can be a "draw" in the sense that the judge might say, e.g., "I find for the plaintiff and I am awarding damages", but he might disagree with the plaintiff's arguments about/calculation of the damages due, and award much less than the plaintiff was hoping or expected (and than the defendant feared or expected).


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    #70
    breda1970
    Registered Users Posts: 26 ✭breda1970


    If a personal injury case does go to trial,does the judge look at all the medical evidence or just the legal medical reports?


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    #71
    Claw Hammer
    Registered Users Posts: 6,160 ✭✭✭Claw Hammer


    breda1970 wrote: »
    If a personal injury case does go to trial,does the judge look at all the medical evidence or just the legal medical reports?

    What other evidence will there be?


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    #72
    Credit Checker Moose
    Closed Accounts Posts: 1,226 ✭✭✭Credit Checker Moose


    You should really be asking your solicitor all this.


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    #73
    breda1970
    Registered Users Posts: 26 ✭breda1970


    Your right,the solicitor should be answering these questions,but doesn’t.....
    These questions just come into your head days after chatting to them.
    I was just wondering is it just the medical legal report shown to the judge or do the plaintiffs solicitor try and put as much evidence as they can in front of him??


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    #74
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    Doesn't answer questions that come into your head days later? What awful solicitor can't read minds?!


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    #75
    breda1970
    Registered Users Posts: 26 ✭breda1970


    FreudianSlippers wrote: »
    Doesn't answer questions that come into your head days later? What awful solicitor can't read
    Iam not saying that,but the reason I asked it here is because I thought this is what this forum is about...people with experience/knowledge will answer and share there experience,others that just don’t will try and be funny.


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