Services
Litigation
how we can help
Area of Expertise
At Daly Khurshid Solicitors LLP we have extensive experience in dealing with litigation ranging from pre-litigation negotiation and settlement to applications in the District, Circuit and High Court, Commercial Court, Court of Appeal and Supreme Court. We understand the necessity for a tailored approach for each case and our considerable experience and legal acumen allow us to provide an excellent service and achieve the desired result for our client time after time.
Please see below for an example of the litigation services we provide.
Personal Injuries Claims
Since the implementation of the Personal Injuries Assessment Board Act 2003 all personal injury claims must firstly be submitted to the Personal Injuries Assessment Board before proceedings can be issued. At Daly Khurshid, we have extensive experience dealing with personal injuries claims at all stages of procedure from completing initial forms to submitting to the Personal Injuries Assessment Board up to and including issuing proceedings, out-of-court settlements and full hearings.
If you have sustained an injury at work, a road traffic accident or in a public place and believe that another party was responsible for your accident you should contact us to arrange a consultation and we will happily advise you in relation to your claim.
Medical Negligence
Claims arising from Medical Negligence are not dealt with by the Injuries Board. To succeed with a medical negligence claim it is necessary to establish that the clinician or health care professional failed to act in accordance with normal practice as accepted in Ireland and within the medical and healthcare profession.
Our team have represented victims of many different types of medical accidents and we provide the best quality and most experienced legal advice. We have a strong record of ensuring fair outcomes and justice. Our team is committed to advocating meritorious cases no matter the circumstances or complexities. We endeavour to support those who have been injured as a result of deficiencies or shortfalls in our health system.
We are aware that a medical accident has significant emotional and financial consequences for our clients and that of their families. We provide legal representation for those who are victims of medical negligence and seek appropriate compensation, explanation and accountability.
Services
- Medical negligence claims against public and private hospitals
- Malpractice Litigation
- Clinical Negligence
Defamation
The law of defamation in Ireland is governed by the Defamation Act 2009 under which a defamatory statement is one which injures a person’s reputation in the eyes of reasonable members of society. In order for a cause of action to arise from a defamatory statement three criteria must be met
- The statement must be published (including television or radio broadcast).
- The statement must refer to the individual making the complaint.
- The statement must be false.
If you believe that you have been the subject of a defamatory statement, please contact our office to arrange a consultation. Alternatively, if you believe that a defamatory statement will be published please contact our office for a consultation in relation to obtaining an injunction. More information on injunctions is available below.
Injunctions
In certain circumstances, it is necessary to prevent loss or damage to reputation, preserve or prevent the loss of an asset, protect against personal harm, and safeguard business or personal interests.
An injunction is a court order requiring a party to do or stop doing a certain act. An interim injunction is a temporary injunction, which is usually granted pending a further hearing or until a full trial of the dispute. Before granting an injunction, the court must be satisfied that there is a serious issue to be tried and that damages would not be an adequate remedy.
Injunctions are necessary in many circumstances including:
- Defamation and privacy matters
- Freezing orders e.g. freezing bank accounts or assets
- Preventing nuisance and trespass
- Preventing breach of contract or confidence
- Preventing copyright infringement
- Enforcing restrictive covenants, including restraint of trade and non-compete clauses
- Restraining sale of land or property
- Restraining winding up petitions
- Challenging the appointment of a receiver
- Search orders, e.g. to preserve evidence and/or property
- Specific performance, e.g. an order requiring a party to perform a specific act.
Data Protection
The Data Protection Acts 1988-2003 govern the area of data protection in Ireland and confer responsibilities on data controllers and processors. There are strict requirements of compliance under the Data Protection Acts for both data processors and controllers to ensure that the rules of data protection are followed in collecting, storing and processing data in a secure environment.
We have extensive experience in providing advice where a client has been the subject of a data breach and also in providing advice to businesses who hold or process personal and sensitive personal data.
If you have been the subject of a data breach where personal data or sensitive personal data has been disclosed without your consent or you process personal data and wish to develop a data protection policy or privacy policy, please contact our office to arrange a consultation.
Breach of Contract
While all Contracts are agreements not all agreements are contracts. In order for an agreement to be deemed as a legally binding contract the following formula must exist:
If a Contract is breached the most common remedy sought is that of Damages. In Contract Law damages for breach of contract are assessed on the basis of putting the plaintiff in the position he would have been in had the Contract not been breached.
The Sale of Services and Supply of Goods Act 1893 legislates in relation to goods and services supplied to both Consumers and Non- Consumers. For example Hire Purchase Agreements and the buying and selling of motor vehicles come under the remit of the Act.
If a Contract under the Sale of Services and Supply of Goods Act is breached the buyer may sue under the following remedies:
- Damages for non-delivery
- Specific Performance
- Remedy for breach of warranty
- Interest and Special Damages
And the Seller may sue for the following remedies:
- Action for Price
- Damages for non-acceptance
We have great expertise in Contract Law. If you need legal advice in this area you should contact us to arrange a consultation.
Debt Recovery
We are often instructed by companies and sole traders in relation to bad debt recovery and we have a very good track record of getting the job done. At all times during the debt collection process we keep in touch with clients and up-date them on progress.
We use the following steps:
Step 1: Initial Letter of Demand
Immediately upon receiving your instructions we will send a letter to the debtor outlining the sum owed and giving them 7 days to pay or proceedings will be issued.
Step 2: Issuing Proceedings
If the debtor fails to pay their debt within the specified time period we will issue the appropriate proceedings and serve them immediately on the debtor.
Jurisdiction
- If the amount due and owing is €15,000 or less, the court proceedings must be brought in the District Court.
- If the amount due and owing is between €15,000 and €75,000, the court proceedings must be brought in the Circuit Court.
- If the amount due and owing is above €75,000, the court proceedings must be brought in the High Court.
Step 3: Obtaining Judgement
If the debtor fails to enter an appearance or enter a defence we will seek judgment in default of this. In the event that the matter is set down for a defended hearing and we are successful we will set about enforcing judgement immediately.
Step 4: Enforcement
Enforcement of a judgment debt can be carried out in a number of ways – as follows:
Sheriff
Each county in Ireland has a Sheriff. It is the Sheriff’s job to visit the debtor’s premises and seize and sell goods (excluding tools of trade or essential household items) or collect monies owed to cover the debt together with legal costs and interest accrued. At times, there can be delays in the process and in some cases the Sheriff can decide that the debtor has no goods worth seizing or selling.
Registration of Judgment in the High Court
Once judgment has been granted, it can be registered with the High Court which means that the judgment will be published to bring it to the public’s attention.
Judgment Mortgage
Once Judgment has been granted, one can apply to have a Judgment mortgage registered against any real property which the debtor owns. This effectively prohibits the debtor’s ability to deal with the property until the debt has been paid.
Instalment Application
In this instance, a debtor can be brought before the District Court to assess their means and ability to pay the debt with a view to the Court making an instalment order requiring the debtor to pay the debt by way of a lump sum or regular instalments. The repayments will begin once the order has been issued by the Court.
If the debtor fails to meet the conditions outlined in the instalment order then you, as the creditor, the debt recovery process allows you to return to Court to seek to have the debtor sentenced to prison for non-payment of the debt and non-compliance with the instalment order.
Garnishee Application
A garnishee application may be taken out by you, the creditor, where you are aware that the debt owed to you will be paid by a third party. The resulting garnishee order will direct the third party to pay the debt to you directly on behalf of your debtor in order to discharge the debt from the debtor who cannot afford to pay it. It is important to note that before the debt is paid to you by the third party that the garnishee order is issued.
Bankruptcy
Should the debtor fail to pay the debt to you, despite judgment having been passed, you do have the option to petition the High Courts to declare the debtor bankrupt. The process is quite costly and does not give the petitioning creditor any priority over other creditors.
Liquidation
Liquidation occurs where a debtor who is a limited company is unable to pay, the enforcement stage of the debt recovery process allows the creditor the option to seek to wind up the debtor’s limited company. Suggesting this option to the debtor may encourage them to pay the debt quickly to avoid having to wind up their company.
Commercial disputes
At Daly Khurshid we have gained an excellent reputation in all areas of commercial law through the provision of high-quality services. We provide a deep wealth of commercial law knowledge combined with the necessary business acumen to offer our clients a full suite of commercial solutions from mediation and negotiation to litigation when it is necessary to protect our clients’ interests.
When litigation is necessary to protect a client’s interest or advance their commercial requirements, we are pro-active and fully resource a case to achieve the best outcome. We give dedicated attention to a particular case, including on an urgent basis, where injunctive proceedings may be necessary.
- Shareholder, Director and Partnership Disputes
- Banking & Financial Services
- Insurance Disputes
- Property & Building Disputes