It would appear that the chairwoman of the Injuries Board has stated that the increase in accident claims suggests an “emerging claims culture” and that she believes third parties are encouraging more people to make claims.

Her job is to manage the administration of accident claims in a fair and unbiased way. If she is of the opinion above, then her comments suggest that she is not impartial and independent.

It is our belief that this attitude permeates the whole structure of the Injuries Board here in Ireland. Remember, the body was set up at the behest of insurance companies and it employs mainly defence medical doctors, who have shown themselves to be against claimants in the past.

– a legal newsbrief by Kilkenny Accident claim Solicitors Holland Condon

This local group has been in operation for a number of years and it promotes Castlecomer as a place to set up new businesses. Interested parties can get assistance from the group, including rental of a space in the old VEC building at low rates.

- a news item from Holland Condon Solicitors Kilkenny

####The Task Force’s Remit

The Task Force’s Terms of Reference were as follows:
“In light of the contents of the Legal Services Regulation Bill, to consider the ongoing role to be played by the Law Society, its functions in promoting the solicitors’ profession and in continuing to safeguard the public interest and to make recommendations to the Council in relation to same.”

####Consultation process and research

The Task Force consulted with representatives of 24 Bar Associations and an independent research agency surveyed the views of the entire profession through an online survey and telephone interviews. This survey was the most comprehensive survey of attitudes and views of members of the profession in Ireland ever undertaken and was fundamental to the Report and Recommendations of the Task Force. The Task Force conducted comprehensive research into the activities of other Law Societies and also examined the Society’s governance and met with each of the Society’s Directors to learn more about how the Society currently delivers its core functions.
A number of clear messages emerged from the Task Force’s research, which indicated the type of change, which would be beneficial for the Society and desired by the profession.

· Better representation – Primarily, there is a clear desire among solicitors for the Society to re-balance its objectives to put more emphasis on representation. Essentially, members want the Society to defend the profession, promote the public image of the profession, develop the Society’s proactive lobbying and law reform agenda as well as proactively representing the profession.

· Developing communication – The Task Force’s research indicated a need for the Society to strengthen its communication function by reviewing its communication strategy and resources to include an examination of more targeted communications and supports for different segments of the profession, assigning existing staff members to champion the needs of different segments of the profession, reviewing communication methods in terms of utility and viability, developing its eCommunication activities and using new communication methods to build stronger bonds with members.

· Improving the way the Society does business – The Task Force’s research indicated that the Society would benefit from the development and implementation of a Strategy Statement for coming years supported by Annual Operational Plans. In addition, in order to maximise their effectiveness and relevance, it is recommended that the Committee resource would benefit from an objective review. A commitment to research and policy development will also develop the Society’s capacity for strategic thinking and thought leadership in-house. In addition, a review of the services provided by the Society’s Regulation Department should develop that Department’s capacity to help solicitors meet their compliance and regulatory obligations.

· Control of costs – The Task Force acknowledged that the implementation of its Report would have cost implications for the Society, as would the implementation, in due course, of the Legal Services Regulation Bill. It was the unanimous view of the Task Force – endorsed by the Council – that the Society has an obligation to ensure that these cost implications are minimised. The Council approved the Report of the Task Force on the basis that the cost of implementing its recommendations could be met from current resources, without any increase in the practising certificate fee.

· Shaping the Law Society of the Future – It is hoped that the recommendations of the Task Force, arising from its extensive research and consultation processes, will shape the Society in future years, with the ultimate aim of delivering its representation role, adding value to existing membership services, becoming more relevant to members and driving members’ participation in the organisation.

– a legal newsletter from Holland Condon, solicitors based in Kilkenny

“The Law Society views with dismay both the existence and the recent public expressions of deep tensions between the Government and the judiciary. It is clear from these public comments that the mutual respect that should always characterise the relationship between the Government and the judiciary is under great strain. This strain has the potential to cause major damage to the democratic system in Ireland and to the country’s reputation abroad. It must be resolved without delay.

Although the Society is not coming out in support of either the Government or the judiciary in this dispute, it does share what it knows to be sincerely held concerns in the judiciary about serious under-resourcing of the courts system and about the proposed appointment of specialised judges of the Circuit Court through an unprecedented and restricted recruitment process. On both of these issues, the Society has written to express its concerns to the Minister for Justice, Equality & Defence in recent weeks.

Both the Government and the judiciary, in the Society’s view, have an obligation to establish, or re-establish, channels of communication and use them to engage constructively, respectfully and privately in returning their relationship very quickly to an even keel.”

– a news brief by Kilkenny Legal firm Holland Condon

For example, in 2009, a child could get a gift or inheritance from a parent of €542,544 without paying any tax. In 2013, they can only get €225,000, after which they start paying tax.

Not only that but the rate of tax has increased from about 20% some years ago to 33% in 2013.

– a legal briefing by Kilkenny Solicitors Holland Condon

The Board provides an assessment of personal injury claims for compensation following road traffic, workplace or public liability accidents. Where the person responsible (the respondent) does not consent to InjuriesBoard.ie assessing your claim for compensation, InjuriesBoard.ie will allow you to pursue your claim through the courts.

Claims are assessed on average within 7 months of the respondent consenting. Personal injury claims through litigation (that is, the courts) can take up to 36 months (3 years).

Claims are assessed using the medical evidence you provide from your doctor and, if necessary, a report provided by an independent doctor appointed by InjuriesBoard.ie. The assessment of the damages due is made having regard to the particular injuries you sustained and your circumstances. Guideline amounts for compensation in respect of particular injuries are set out in the Book of Quantum, which was prepared for the Board in 2004. An online version known as the Estimator as well as some FAQ’s on the Book of Quantum are available on the Board’s website.

If the respondent does not agree to an assessment by InjuriesBoard.ie or if either side rejects the Board’s award, the matter can then be referred to the courts.

– an advice note from Kilkenny based solicitor firm Holland Condon

Since you cannot remove an injury once it is happened – money is used to attempt to balance the pain for your suffering and repay financial loss suffered as a result of personal injury in an accident (such as a car accidents or work accidents), industrial injury (exposure from hazardous work conditions over an extended period of time – such as excessive loud noise causing noise induced hearing loss or exposure to coal dust causing coal miners’ pneumoconiosis or asbestos exposure).

When you have an accident and suffer injury – you can never truly be put back into the position you were prior to the accident, so the law decides on sums of money, which will compensate you for the fact that you have suffered an injury.

- a legal article by Kilkenny Solicitors Holland Condon

The board has also raised concern that serious injuries from road traffic accidents were being “grossly understated”. It has suggested enhanced data sharing to the HSE, the Garda and the Road Safety Authority.

The details were contained in the 2012 annual report of The Injuries Board which is the Government body which makes personal injury awards.

Some other interesting facts on accident claims and compensation in Ireland are :-

* Consistent with reduced numbers at work, work related claims reduced by 1%

* County Limerick had the largest number of awards as a proportion of population with County Kilkenny having the lowest number of awards per head of population. So for another year in a row (just like “All-Ireland” hurling titles!) Kilkenny comes out with the lowest claims per head of population.

* For 2012, No. of new injury Claims was 28,962 with the No. of Awards 10,136

* Total Value of Awards €217.94m

* Average Award €21,502

- a law article by Kilkenny Solicitors Holland Condon

As regards the jurisdiction limits of the courts, the Bill proposes to change the monetary limits on the jurisdiction of the Circuit Court and District Court in civil proceedings to €75,000 and €15,000 respectively. However, in personal injury actions, the revised monetary jurisdiction limit of the Circuit Court will be €60,000.

It should be noted that the current monetary jurisdiction limits for civil matters in the Circuit Court stands at €38,092 and for the District Court at €6,384. The limits have remained unchanged since the coming into force of the Courts Act 1991.

In a news statement, the Justice Minister stated “It is almost 22 years since change was affected to the monetary jurisdiction of our courts. This is far too long. I believe it is in the public interest that jurisdictional issues be revisited more frequently and I am considering what steps might be taken in the context of this Bill to ensure this occurs in the future.”

- injury claim and compensation news from Kilkenny Solicitors Holland Condon

There was also a settlement for €215,000 for a serious injury that had a potential award of €500,000, but where blame for the injury was hotly contested.

There were poignant scenes last week when legal representatives embraced Anthony and Ann Marie Cullen of Thomastown after a court hearing. €40,000 was awarded to the Cullen family in respect of the death of their youngster after insurance company, Royal Sun Alliance admitted liability. However, money could not compensate these sad parents for the loss of their daughter, Clodagh.She is gone for life. How sad and what a pity.

Although, these sums may seem high, it must be remembered that it includes all loss of earnings, hospital bills and pain and suffering for a lifetime.

- a legal news item from Holland Condon Solicitors in Kilkenny