The Gazette 1995

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EDI W

GAZETTE

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MAR CH 1995

'Capping' - New Developments

*Capping' - New Developments

views the idea of capping awards as a cop out from the more difficult but fundamental task of reducing accidents of all kinds". The article continued "the solicitors would argue that each compensation case has to be looked at individually - in extreme circumstances, capping could mean clearly inadequate awards for the damage done". Ernest Cantillon, Chairman of the Litigation Committee was also quoted in the article. An article was published in the Irish Independent on 21 February 1995 under the above heading. It was reported in this article that "a solicitors' group last night pledged to fight efforts to block a proposal to allow their recruitment to the Attorney General's office." It was reported that the President of the Dublin Solicitors Bar Association, Michael Murphy said last night: "our experience and training "traditionally, staff at the AG's office have been barristers but a Government report proposes solicitors should be recruited." It was reported in the article: "Mr. Murphy also pointed out that there was nothing in Statute or the In the Cork Examiner on 22 February 1995 an article written by Mark Hennessy stated that "the office system of the Attorney General's office has been dubbed as "cumbersome and under-developed" by a high level report recommending major changes, approved by the cabinet yesterday." It was reported that the three-strong review body was set up by the then Taoiseach Albert Reynolds on 15 November, in the wake of the furore about the 7 months' Solicitors battle AG office 'Block' makes us just as qualified as barristers". It was reported: Constitution which prevented solicitors from being appointed Attorney General."

delay in dealing with Father Brendan Smith's extradition application. The headline of the article read 'Report backs changes in the office of the AG'.

The new Government made their first public statement on the previously proposed 'capping' of damages in the Irish Times on 15 March 1995. The article stated that "consultants will be appointed to study the economic implications of insurance costs in the State and to establish the key factors ' behind those costs, the Minister of State j for Commerce and Technology Mr. Pat j Rabitte will announce in the Dail today." It was reported that the move to appoint consultants follows strong pressure on Mr. Rabitte to cap court j j problem of insurance costs is "much wider" than the level of awards for pain and suffering. "There is no definitive j study to show how tackling pain and j suffering awards would reduce the cost of insurance," he said. Another article on the insurance sector which was published in the Business Supplement of the Irish Times on 17 March 1995 dealt with the issue of 'capping'. It was reported in the article that the Irish Insurance Federation says it is neutral on the issue of capping awards. "That is a question for politicians and the public," says Mr. Mike Kemp, Manager of the non-life insurance section. "There is no definitive study to show how tackling pain and suffering awards would reduce the cost of insurance" - Pat Rabitte, T.D. awards for pain and suffering for claimants in injury cases. The article stated that Mr. Rabitte feels that the ! There was an article published in the March issue of Management Magazine headed 'The price of suffering'. The article stated "some of the most vociferous opposition to the proposals have come from the Law Society. It

Compensation claims

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An article was published in the Evening Press on 9 March 1995 written by Mark Tierney. This article was on the topic of claiming compensation. The article stated that "Irish people are the biggest injury complainants in Europe, cadging millions from courts and insurance companies each year". The article contained comments from Noel Carroll of Dublin Corporation. Noel Carroll stated in the article that he estimates that 10% of claims lodged with the Corporation are entirely fraudulent and he added: "I would say that the vast majority of claims are exaggerated." It was also stated in the article that the Law Society views the "no foal no fee" method of legal practice as a form of social justice in the absence of civil legal aid according to spokeswoman Catherine Dolan. "The judicial process is there to | expose fraudulent claims. If a claim appears to be fraudulent we would advise solicitors to withdraw from it," Ms. Dolan pointed out. I ; j In the Irish Press on 13 March 1995 an article was published by Mairead Carey. The headline read 'Owen hints at changes in new Bill on judges'. It was reported that Justice Minister Nora Owen has hinted that there will be changes in the new legislation j proposed for judicial appointments. It was stated that Mrs. Owen is currently considering the Court and Court Officers Bill which proposes to hand over the appointment of judges to an independent body. Mrs. Owen said yesterday that any appointments of 1 j The Courts and Court Officers Bill

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