Favourite for Galway Hurdle allowed to run following Legal Submissions

Monday 25 July 2011
Guinness Galway Hurdle favourite The Real Article will be allowed to take his chance in Thursday's feature race after the Turf Club cancelled an inquiry into the running and riding of the Edward O'Grady-trained gelding at Tipperary on 17 July.

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PROFESSIONAL NEGLIGENCE ACTION AGAINST SOLICITORS
This action was brought by our Firm on behalf of two businessmen, Kevin Gormley and Conal Davey, in respect of a property that was purchased for €1.6 million in 2006.
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APUM V HSE AND ANOTHER HIGH COURT
We represented the next of kin of an autistic woman in seeking (a) a declaration that the Plaintiff’s constitutional rights had been infringed and (b) damages for personal injury.
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Professional Fees Recovery Case

This claim, brought by the firm on behalf of Campion Property Consultants Limited, involved litigation over the recovery of professional fees due to the plaintiff for Auctioneering and other services provided to the Defendant in the sale of a commercial property.

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Polish National Fatal Injury Claim

Our firm acted on behalf of the widow and family of a Polish Ship Officer fatally injured in an accident onboard a shipping vessel in Dublin Port.

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Family Law - Annulment

Frank Ward & Co recently represented a client in an application for an Annulment of marriage.

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Redress Board Claims
We act for a large number of members of the Deaf Community in cases before the Residential Institutions Redress Board, a body set up by the Government to compensate victims of abuse in State Institutions. We have contributed to “Hands On”, a television programme of interest to the Deaf Community which is screened weekly on RTE 1.
 
Sports Law:
In another recent Turf Club Appeal heard on the 26th January 2009, Frank Ward represented horse trainer, Edward O’Grady, in relation to an appeal lodged by  Mr. Oliver McKiernan
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Bus Accident – Fatal Injury
The claim was brought on behalf of the Widow of a Dublin Bus Driver who sustained fatal injuries following an accident at work.  It settled recently in the High Court for €475,000.00.
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Sports Law - Turf Appeal

An Appeal was lodged with the Turf Club following the running of the Irish One Thousand Guineas at the Curragh in May.

The acting Stewards had found that the second placed horse “Tuscan Evening” had caused interference to the horse placed fourth “Caribbean Sunset” ridden by Ryan Moore and trained by Mr. Dermot Weld.  The acting Stewards had therefore disqualified Tuscan Evening from second and promoted the Dermot Weld horse.

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Constitutional Law – Tribunals of Inquiry

An application was brought by way of Judicial Review to the High Court seeking
to challenge various orders of the Mahon Planning Tribunal relating to the former Taoiseach Mr. Bertie Ahern TD. These related to:

  1. A claim of Legal Professional Privilege.
  2. A claim relating to Parliamentary Privilege as provided in Article 15(13) of the Constitution.
  3. The Tribunal refusing to make disclosure of various documents referred to in evidence

A Divisional Hearing of the High Court heard the case and then reserved judgment and found for the Applicant on all grounds.  A summary of the Judgment is attached herewith.  In this action the firm instructed Mr. Brian Murray SC, Mr. Shane Murphy SC, Mr. Barry O Donnell BL and Mr. Douglas Clarke BL.

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Brain Injury

This case recently settled at Hearing of a young man who suffered traumatic brain injuries following a road traffic accident. The High Court approved a settlement of €3m together with costs of the Proceedings. Such settlement provided for the future care of the Plaintiff with the Peter Bradley Foundation, an association which specialises in the rehabilitation and treatment of patients who have suffered an Acquired Brain Injury (ABI).

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Judicial Review Injunction – High Court

We were consulted on behalf of the Ward Union Hunt Club, established more than 150 years ago, who obtain an annual licence under the 1976 Wildlife Act from the Minister of the Environment.  Just before Christmas last the Minister issued a restricted licence.

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Shipping Case
Shipping Law / Employment: In Re: MV Merchant Brilliant The firm was consulted by the International Transport Federation. The matter at issue concerned payment of wages to the crew, some of whom had not been paid for several months and the remainder of whom were being paid at rates considerably below the set minimum rates. 
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Injunction
Commercial Law Court – Our firm acted on behalf of Whelan Frozen Foods Limited in relation to their business relationship with Dunnes Stores and the purported termination by Dunnes Stores of the warehousing and logistic service provided by Whelans over a long number of years.
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Asbestos Exposure
An action brought by a worker who claimed that he was suffering from mesothelioma, contracted while working with asbestos and asbestos-related materials over 20 years ago, was settled in the High Court recently, for a sum believed to be in the region of £250,000.
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