Following her birth, a pair of pants was bought for the infant plaintiff in Brown Thomas’s store in Dublin. On a family holiday about 10 weeks later, she was dressed in a combination of pink dress and pants. After a few hours wearing this the baby became very agitated. Later when the baby was being prepared for bed that evening, her mother noticed red marks on the baby’s outer thighs. After the holiday, her mother brought her baby to her doctor and after examination, the doctor referred her to a consultant plastic and reconstructive surgeon. Photographs of the baby’s injuries were taken at the time of the injury and later for production to the court. The sequence of photographs showed the marks on the baby took two and a half years to fully clear up. An expert witness had examined the pants in 2012 and found that the elastic was twice as powerful as he would recommend even for an adult. The plastic surgeon had found residual scarring on the baby’s outer thighs and ‘’secondary to a tight constriction band in the area where an elasticated baby-gro might fit against a baby’s skin.” The surgeon’s report noted the only treatment required for the injuries was massage with Bio oil by the baby’s mother. Three years after the incident the surgeon noted there were no marks and no need for any treatment. The defendants, Ralph Lauren Ireland Ltd had delivered a full defence but a settlement offer of €17,500 had been made and the President of the Circuit Court, Mr. Justice Raymond Groarke, who was presiding, approved it and awarded the plaintiff costs. Amelia Duhy (Suing by her Mother, Julie Duhy) v Ralph Lauren Ireland Limited Circuit Court (Mr. Justice Raymond Groarke) 23 February 2016.

A shareholder’s agreement is a useful document to have especially when there are a number of shareholders. The main purpose of it is to regulate the relationship between shareholders, the company, and potentially the company's management, ensuring that all parties are aware of their roles and how the company will be governed. In essence the shareholders’ agreement is a contract and like all contracts it creates rights and obligations for shareholders beyond the basic rights in company law or in a company’s constitution. The parties to a shareholders’ agreement may be all the company’s shareholders or just some of them. But it is useful to have in place for new shareholders. Careful consideration needs to be given to its clauses. Your solicitor will guide you through these. Such agreements deal with the issue and sale/transfer of shares, the composition of the board of directors and appointment of new directors, how it deals with minority shareholders and their rights, restrictive covenants and options to resolve disputes. It is open to the directors creating a shareholder’s agreement to include or exclude clauses they want or do not want. In addition, a company can have more than one shareholder’s agreement in place at the same time but to avoid conflict one agreement is preferable. Having in place a shareholder’s agreement is a faster way of resolving disputes among shareholders. Some common issues that can create shareholder issues: How dividends are to be paid & when paid In family businesses disputes can easily arise, these can be more personal than to do with the company Selling shares Amending the company’s constitution Appointing new directors A shareholder’s agreement will cover all the contingencies that can arise in a business. Not all will be relevant to your business so your solicitor will guide you in choosing the clauses best suited to your business. A shareholder’s agreement can be terminated in a few ways, including by mutual agreement of the shareholders, by a specified event in the agreement, or by the company's dissolution. The agreement should outline the specific circumstances and procedures for termination. 

A pre-nuptial agreement is an agreement made between two people who intend to marry each other. The agreement can cover a number of issues including the parties’ assets and arrangements in the event of the marriage breaking down regarding the custody and welfare of children they may have and even pets they may acquire. In Ireland, strangely enough, these agreements are not legally binding. They are then a statement of the parties’ intentions at the time they got married and if they end up in court, a judge is not bound by the terms of the agreement. However, there is a provision under the Succession Act, 1965 (section 113) where a spouse or civil partner can renounce his or her legal right in a pre-nuptial agreement and this does have legal effect. Like any important document it is wise to take legal advice on drafting a pre-nuptial agreement. Openness and honesty are required when disclosing what assets the parties may have before they entered the agreement. Holding back the disclosure of money, property, or other assets, defeats its purpose. Form of the Agreement While there is no definitive rule, it should be in writing. As it is in fact a contract between two parties, it should be signed by both parties, dated, and ideally witnessed. There is nothing against updating a pre-nuptial agreement and where the circumstances change of one or indeed both parties, it might be a good idea to update it to cater for the new situation. Cohabitation Agreements This has legislative protection under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 . This permits cohabitants to enter into a cohabitants’ agreement regarding financial matters during their time together. There is a provision in the Act requiring that either the couple obtained independent legal advice or that they obtained legal advice together and waived, in writing, the right to independent legal advice. Here also, the agreement must be in writing, dated and signed by both parties. 

ViberStore Group, a small Irish phone recycling retailer and supplier company, sought to register the trademark ViberStore but the application was challenged by Viber, a company owned by Japanese giant Rakuten. The dispute which came before the Controller of Intellectual Property centred around the name ‘viber’ and whether its usage by the applicant Irish company would cause confusion in the market. Viber, in opposing the trademark, claimed that the Irish company’s logo was similar to their company’s registered trademarks. It claimed the phone services of the Irish company were similar enough to the services they provided to cause confusion among the public as to whether the two companies were associated. They accused ViberStore of ‘passing off’ and in their submission called on the Controller to reject the Irish company application to register the trademark ‘ViberStore.’ They pressed the point that consumers would likely be confused between the two companies and could think the two companies were associated, which they were not. Viberstore group rejected the complaints made by the Japanese-owned company. It said that while ten years ago their service had widespread usage that since the arrival of WhatsApp, its market had been taken over. They rejected the argument that there would be confusion among consumers in the two names. The Controller in his ruling found that ViberStore was trying to take unfair advantage of the Viber trademark, but he found that the Irish company were not "passing off" their services with those their competitor. In rejecting ViberStore’s application for their trademark, the Controller said: ‘the re is a real likelihood that a consumer, who had used [Viber’s] goods or services or who had an awareness of them, would, when encountering the applicant’s mark, be liable to be confused or be led to believe that the applicant’s mark is associated with those of the opponent’s’. He went on to say that there was a ‘ high level of similarity’ between the two marks and a similarity in respect of the services. The ViberStore Group Limited (applicant) v Viber Media S.à r.l. (opponent) No. 263638 Controller of Intellectual Property (John Nolan) 10 April 2025.

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Unfortunately, as often seen in the media, pedestrians can be the victims of road traffic accidents in Ireland. In some instances, the cause of the accident is the pedestrian. In such cases, a court will have to balance and determine on the ‘duty of care’ of the driver and the pedestrian. If the court finds that the pedestrian caused the accident, then the liability falls on the pedestrian. This could have dire financial consequences because while the drivers will be insured, the pedestrians, will not. Circumstances where Pedestrians are at Fault. Drunkenness/drugs: a person under the influence of alcohol or drugs wandering onto a road causing an accident. Negligence: Pedestrians who are distracted (e.g., using a mobile phone). Jaywalking: Busy roads have designated places to cross over, these can be traffic lights, zebra crossings or islands in middle of the road. These are there to aid pedestrians crossing the road. If a person chooses to cross a road outside of these and they are there, then they could be held liable for an accident. A court will carefully examine the evidence and might conclude that both the driver and the pedestrian were at fault and will apportion the liability. Compensation for Injury Your solicitor will advise you on what court the case can be taken in. • District Court - €2,000 in small claims or claims up to €15,000. • Circuit Court - Claims between €15,000 and €75,000 (€60,000 in personal injury claims) • High Court - Claims above €75,000 with no upper limit It is important that you select the correct court. If the case is borderline High Court, it might be better to take the case in the Circuit Court as it will be heard quicker, and the costs are less. Costs always must be taken into consideration as there is always a risk that you could lose the case. The costs in the High Court will be much higher than the Circuit Court. Relevant Facts in Establishing Loss • How the accident has impacted your life. • Medical Expenses – GP, hospital, medication, physio. • Loss of earnings/having to change line of work and receive less income. • Loss of enjoyment of life (sporting activity) Filing Your Claim In Ireland this is governed by statute but in general the case must be filed within two years from the date of the accident or the date you became aware of the injury. There are exceptions to the 2-year rule and your solicitor will advise you on this . The Personal Injuries Assessment Board (PIAB) Average Payments of Compensation • Minor Injuries: €5,000 to €15,000 • Moderate Injuries: €15,000 to €40,000 • Severe Injuries: €40,000 to €75,000 • Very Severe Injuries: €75,000 to €125,000+  Your solicitor will advise you on the range of compensation and all steps to be taken. Early contact with your solicitor is strongly recommended.

Common personal injuries occur when people slip on wet floors which can happen in shops, business premises or visiting a private house. County councils are obligated to keep pathways safe for pedestrian usage. Uneven footpaths have been the cause of many accidents and court cases. Where the fall is our own fault contributing to the accident and injury, it does not fully absolve the legal liability for the obstacle that causes the accident. Responsibility for keeping premises safe applies also to private homes and property. Businesses and local authorities are insured for such claims and many home insurers also cover these. In such a situation, where a claim looks likely, you should act immediately by: • Taking note of the date, time of day and place of the accident. • If any person witnessed the accident, obtain their name and contact details. • If it was a business premises, bring the matter to their attention to get it documented. Follow up by email/letter to start a record. • Ideally, take a photograph of where the accident happened and the obstacle that caused the accident. • Visit your GP (or hospital), keep record of same, who you saw etc. • If you wish to make a claim because of the injury, consult your solicitor. • Keep records of any medication and costs incurred. Property Owners There are exceptions where a court will find the property owner not responsible for the accident, these occur when: • You were a trespasser on the property (i.e. not permitted to be on the property). • Your actions caused the accident. • Another person would have avoided the hazardous obstacle. • The property owner took all reasonable procedures to prevent the accident. Alternatively, the property owner will be held liable if: • The owner had not taken all reasonable steps to avoid an accident happening. • The obstacle that caused the accident was made by the property owner or an employee who knew or should have known of the danger. Compensation : Not all accidents require hospitalisation so in these less serious claims it is important to keep notes of any financial loss incurred that relate directly to the acccident. So, early contact with your solicitor is vital in assessing whether it is worth taking a case at all. Where a property owner disputes the claim then you must prove that they were negligent. If a court is not satisfied that the property owner was responsible, then you will incur their legal costs as well as your own. So, discuss the claim with your solicitor who will advise you on all matters involved. Your solicitor will advise you also in what court to take the case, i.e. High Court, Circuit Court or District Court.

The tenant moved into a three-bedroom house in Swords, Co. Dublin in 2019 and paid a rent of €1,900 a month. She never queried the rent until a neighbour informed her in the summer of 2023 that the previous tenant had been paying €1,500 pm. The tenant said that she was not familiar with the RPZ rules and only that she was served with a notice to terminate the lease that she went onto the RPZ website and read about her rights as a tenant. The tenant claimed that she asked the landlord how much the previous tenant had paid but she claimed that he told her that it was none of her business. The landlord claimed that he was never asked by the tenant what the previous rent was. The landlord told the Residential Tenancies Board (RTB) that the previous tenant had rented the house from October 2015 to July 2018 at a monthly rent of €1,500. The RPZ rules came into operation in December 2016. As the house was located in a designated RPZ zone, the maximum annual increases the landlord could apply was 4%. On this basis the maximum he could have charged the tenant at the start of the new tenancy in 2019 was €1,754 per month. Therefore, there was a monthly overpayment of €145.21. The landlord said he entered the lease agreement in good faith and in compliance of the law as best he could. The RTB awarded the tenant €8,500 for the overcharging of rent. Germaine v Horgan Residential Tenancies Board Ref No.: TR0824-007961, 8 January 2025.

Time limits for starting an injury claim are set out in the Statute of Limitations legislation for all claims, including medical negligence claims. For the latter, there is a general rule that cases must be commenced within two years from the date of the alleged negligent act. There are though exceptions to the general rule. This can arise where the injury caused only presents itself later, outside the two-year limit, and for this situation, the critical element is the ‘date of knowledge.’ So, in this case, the two-year period would run from the date the injured party became aware that they had suffered an injury and that the injury was caused by the negligence of a third party. To qualify for the exemption, the party must plead that they were unaware of the alleged negligence in the two-year period from the wrongful act. What is ‘Date of Knowledge’? In cases where on the date the accident occurred, the injuries are immediately obvious or noticeable, then the two-year rule will apply. But that is not always the case, particularly in illnesses which can take longer to become noticeable. In the latter cases, the important date as far as initiation of litigation is concerned, is the date the injury was discovered. The protocols to extend the two-year rule also applies to children and people with intellectual issues. Different rules apply to children than adults. Here a person is considered a ‘child’ until their 18th birthday. Note the two-year rule runs from the date of their 18th birthday, but they may also take their case earlier by suing through their mother, father, or guardian. Issuing Proceedings Once legal proceedings have been issued and correctly served on the parties, the clock stops on the limitation period. If a person is considering making a claim, they should consult their solicitor early as there is much work to be done prior to the issuing of legal proceedings. In pursuing a medical negligence claim, your solicitor will request the medical records, which can take time. Then on receipt of them, your solicitor will need to obtain an independent medical opinion on the injury/illness and this person will be your expert witness. There may be other witnesses to be considered by the legal team so all these matters must be reviewed by your legal team before legal proceedings can be issued. The two-year time limit will go quickly, so consult your solicitor as early as possible.