Litigation


Litigation involves the institution of court proceeding on behalf of a Plaintiff against a Defendant for the infringement of the Plaintiff's rights. Generally, damages are sought for that breach. We operate a hierarchy of courts in Ireland, with each court having a financial limit.

1. District Court £1.00 to £5,000.00
2. Circuit Court £5,001.00 to £30,000.00
3. High Court £30,001.00 upwards

Most people, except perhaps for the purpose of making a Will or buying or selling property, get through life without recourse to the services of a Solicitor. The most common reason for consulting a Solicitor is a car accident.
Apart from your house, the most valuable asset which is liable to be damaged is your car.
The following are steps that should be taken if you are involved in a car accident:-
1. At the scene, if there are any personal injuries, the Gardai must be notified and you must remain at the scene. If you fail or refuse to report an accident in which personal injuries have occurred, you are liable to prosecution. Even where there are no personal injuries, you should in any event report the matter to the Gardai.
2. If it is feasible, the vehicles should not be moved prior to the Gardai arriving. If they have to be moved because they are causing an obstruction, there locations should be marked and, if possible, photographed. The greatest bone of contention in any Court Hearing involving a car accident, is the location of the vehicles immediately after the accident.
3. You must give an address and insurance details to the other party and the other party must give similar details to you. This is a statutory obligation under the Road Traffic Act.
4. If possible, a point of impact should be agreed in the presence of a Guard or an independent witness.
5. An admission of responsibility should not be made. It is a condition of your insurance cover that no liability be accepted for the accident as this is a matter for your Insurance Company. Even where an admission of liability is made at the scene, a Judge can and does take into account the fact that the person may have made that statement under duress and stress.
Having had an accident, two questions arise:-
Next Screen