Maria Bailey's claim and consequences

galteeman

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An average of 58k each.
Thats a nice salary top up!
If one were cynical about it you might think a Garda would be hoping and praying that they get attacked by some toerag so they could get that 58k plus a nice paid holiday.
 


Wigmore

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Any advice on which of two threads this should be posted on?


'Solicitors should be a bit more selective about who they take on', says judge in throwing out five 'whiplash' claims
JudgeJacquelineLinnane2018FilePhoto_large.jpgJudge Jacqueline Linnane, file photo
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Wednesday, July 10, 2019 - 01:15 PM
By Ray Managh and Simone Smith
Solicitors who handle what eventually turn out to be set-up accidents may be contributing to fraudulent personal injury claims, a judge said today in what is the strongest criticism yet by the judiciary of some members of the legal profession.
“Perhaps some solicitors should be a bit more selective about who they take on,” Judge Jacqueline Linnane stated in the Circuit Civil Court when dismissing five damages claims for up to €300,000 by London members of the travelling community allegedly on a sight-seeing tour of Dublin.
 

Maximus Cynicus

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Any advice on which of two threads this should be posted on?


'Solicitors should be a bit more selective about who they take on', says judge in throwing out five 'whiplash' claims
JudgeJacquelineLinnane2018FilePhoto_large.jpgJudge Jacqueline Linnane, file photo
FacebookTwitterMessengerLinkedInWhatsAppMore
Wednesday, July 10, 2019 - 01:15 PM
By Ray Managh and Simone Smith
Solicitors who handle what eventually turn out to be set-up accidents may be contributing to fraudulent personal injury claims, a judge said today in what is the strongest criticism yet by the judiciary of some members of the legal profession.
“Perhaps some solicitors should be a bit more selective about who they take on,” Judge Jacqueline Linnane stated in the Circuit Civil Court when dismissing five damages claims for up to €300,000 by London members of the travelling community allegedly on a sight-seeing tour of Dublin.
Well done to the judge, Ms Jacqueline Linnane. Watch the invitations to Blackhall Place and Kings Inn functions dry up...............
 

Maximus Cynicus

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There is no grounding in reality there. It takes an average person years or graft to save up 40k in cash. The kid was very upset yes but these things can happen without any malice or long term harm and you just move on.
Instead this ahole parent has gotten barristers, solicitors, judge santa claus and the whole circus involved and they all have to get paid big money.
As I stated previously there's no such thing as "accident" anymore, just negligence. No money in "accident"
 

Orbit v2

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There is no grounding in reality there. It takes an average person years or graft to save up 40k in cash. The kid was very upset yes but these things can happen without any malice or long term harm and you just move on.
Instead this ahole parent has gotten barristers, solicitors, judge santa claus and the whole circus involved and they all have to get paid big money.
The test I apply to these situations is: would you put yourself through it voluntarily in return for the payout?

So, if you were offered €40,000 to spend 40 minutes stuck in a lift with your kid, would you take it? Who wouldn't? It's so off the scale, I really don't think anyone who isn't already a billionaire would turn it down.

You can argue that the situation isn't the same. It took them by surprise and they didn't know how long they would be stuck in it. But, that would be the same if you were stuck in it for only 5 minutes, or 1 minute. 40 minutes is within the reasonable range of time it would take to call in maintenance people to sort out a problem like this.

This clearly isn't a fraudulent case, but you can see how the incentive for staged "accidents" arises, because the compensation versus actual damage/injury ratio is so high.
 

carlovian

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Leo will meet Bailey next week to discuss the secret report.

Claims Madigan is off the hook.
 

Baron von Biffo

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Madigan is still practising as a solicitor despite being a minister.


I thought that ministers were supposed to cease all other occupations for the duration of their ministry.

EDIT: My mistake (nods to Art). The Bailey buttocks suffered their insult before Madigan was appointed a minister.
 
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artfoley56

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Madigan is still practising as a solicitor despite being a minister.


I thought that ministers were supposed to cease all other occupations for the duration of their ministry.
she did quit when she was appointed as minister in 2017. I wouldnt say shes off the hook though
 

Disillusioned democrat

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she did quit when she was appointed as minister in 2017. I wouldnt say shes off the hook though
Her involvement described as "minimal"...but if there was ANY involvement and Madigan didn't just say "On your bike" then she's compromised IMHO. If her "minimal" input was "Sure, give it a go" then she should be tarred with the same brush as Bailey.
 

artfoley56

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Her involvement described as "minimal"...but if there was ANY involvement and Madigan didn't just say "On your bike" then she's compromised IMHO. If her "minimal" input was "Sure, give it a go" then she should be tarred with the same brush as Bailey.
absolutely, unless its noted in the file that at the time of filling out the PIAB application with Bailey that she explicitly told bailey about the illegality of trying to claim excessive damages or sending in false information either to PIAB or on Affidavit then shes on the hook as well. still no explanation either as to how a supposed 7k application was commenced in the Circuit Court.......
 

carlovian

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absolutely, unless its noted in the file that at the time of filling out the PIAB application with Bailey that she explicitly told bailey about the illegality of trying to claim excessive damages or sending in false information either to PIAB or on Affidavit then shes on the hook as well. still no explanation either as to how a supposed 7k application was commenced in the Circuit Court.......
For a report that isn’t going to be published, it’s making its way into the press pretty quick.

Only the positive bits of course.
 

artfoley56

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For a report that isn’t going to be published, it’s making its way into the press pretty quick.

Only the positive bits of course.
I've said that this is what will happen from the off. the next phase will be the selective leaking of parts of baileys pleadings and her PIAB application.
 

carlovian

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absolutely, unless its noted in the file that at the time of filling out the PIAB application with Bailey that she explicitly told bailey about the illegality of trying to claim excessive damages or sending in false information either to PIAB or on Affidavit then shes on the hook as well. still no explanation either as to how a supposed 7k application was commenced in the Circuit Court.......
That’s an interesting point.

Plus in her interview Bailey said she was advised she had a definite case.

Who gave that advice?

Fg May be happy but the press may keep chasing
 

wombat

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My guess is that Maria will lose her Chairman's job.
 

artfoley56

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That’s an interesting point.

Plus in her interview Bailey said she was advised she had a definite case.

Who gave that advice?

Fg May be happy but the press may keep chasing
the indo appears to have all the papers and an axe to grind, this is going to go popcornier at the most damaging time for leo
 

Myler

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A Fine Gael source with knowledge of its findings said Ms Madigan processed Ms Bailey's application to the Personal Injuries Assessment Board (PIAB). The source insisted her involvement in Ms Bailey's case was "minimal".

"She [Ms Madigan] purely processed the PIAB application, before legal proceedings, which means there is a form completed and it is submitted," the source said.
Why was a solicitor involved in the PIAB applicaiton?

Can I submit a claim myself?
Yes. This is an administrative process and you can apply directly. If you decide to appoint any third party to submit your claim papers, you will typically incur a professional fee. Your medical report, wages, vouched receipts form the basis of your award administered by the Board's statutorily appointed assessors.
No need for a solicitor to be involved.
 

artfoley56

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Why was a solicitor involved in the PIAB applicaiton?No need for a solicitor to be involved.
a lot of people would get a solicitor to fill in the PIAB form, generally in anticipation of the defendant not accepting the PIAB assessment
 


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