In a significant judgement last week, McGrath Mullan secured an order in the High Court that Mr. Marc Godart should pay the costs of the High Court applications seeking to bring him to court to explain why the company he ran, Green Label Short Term Lets Limited, could not pay an RTB award in favour of our client, Ms. Lizet Pena-Herrara. 

Cregan J. commented that this was an exceptional case noting the “ruthless and unprincipled way” in which Mr. Godart rendered our client homeless after she had the temerity to complain about conditions in her rented accommodation. 

Eventually Mr. Godart’s company paid the award to our client so that he would not have to come to court in person, having resisted our application “tooth and nail” as described by the Court. 

The Court found Mr. Godart “acted in bad faith and with impropriety from start to finish…” and that his behaviour “…was unacceptable and unlawful”, noting neither Mr Godart nor his company had ever apologised to our client. 

Mr. Godart decided his company would defy the law and disobey an order of the District Court but thanks to our client’s courage and persistence, the Court has shown that persons cannot do so and the orders of the Irish Courts must be adhered to. 

We are extremely thankful to Mr. John Kennedy SC and Mr. Liam Bell BL for their skill and determination in bringing this matter to a successful conclusion.  

This was a significant and long-running piece of work for this office and we were very happy that our client has managed to get paid the award she was entitled to. 

Thankfully, it is not every day that the circumstances which lead to this judgment arise.  However, if you have been negatively affected by the actions of any rogue landlord, or you have a Court Order which you are struggling to enforce, please contact us at info@mcgrathmullan.ie and we will endeavor to assist. 

You can find both judgements in this matter at the following links: 

• [2024] IEHC 429 Pena-Herrera -v- Green Label Short Lets Limited [No.1] 

• First Court Judgement – Order for Examination  

• [2024] IEHC 425 Pena-Herrera -v- Green Label Short Lets Limited (No 2) 

• Second Court Judgement – Order for Costs (Moorview Order)  

Mr Waters, a Barrister, had previously been convicted of assaulting our client at the creche which she owns and operates. Judgement had been given against Mr Waters at an earlier court sitting even though he has always tried to deny liability. He did not attend the recent hearing and the judge was happy to measure damages in his absence. The court heard from our client that she had been struck and headbutted by Mr Waters and suffered serious injuries including to her nose (requiring surgery) and significant psychological difficulties.

This case highlights the significance of pursuing justice in assault cases, even when the accused vehemently denies responsibility. It underscores the message that individuals must be held accountable for their actions, particularly when they cause harm to others.

If you require assistance with similar legal matters, please do not hesitate to contact us at info@mcgrathmullan.ie.

The Guidelines apply to the assessment of damages in all personal injuries claims made on or after 24 April 2021. The Book of Quantum will continue to apply to proceedings commenced prior to 24th of April 2021 or where an assessment was made by the Personal Injuries Assessment Board prior to 24th of April 2021 and was deemed not to be accepted.

Ultimately these guidelines seek to reduce the levels of awards for most categories of personal injury whereby the damages awarded must be proportionate with the injuries sustained. An example of the significant reduction contained within the new guidelines can be seen in the case of a minor neck injury, which has substantially resolved within six months. This is now valued between €500.00 to €3,000.00 in contrast with the old Book of Quantum valuation, where the same type of injury is valued up to €15,700.00. A court may only depart from the new personal Injuries guidelines where it is justified in doing so and explains the reasoning for its departure in the judgment.

It has recently been reported that the average PIAB assessment in personal injuries cases has dropped by about 50 per cent in the last two months following the introduction of the new guidelines.

The implementation of the guidelines has been met with some apprehension by judges and the legal profession. It is envisaged that that there will be a large number of constitutional challenges to follow with two cases having recently been filed in the High Court seeking declarations that sections of the Judicial Council Act are unconstitutional.

The Department of Justice will report on the impact of the guidelines by December 2021, with a view to reviewing the guidelines every three years.

If you have been injured through someone’s negligence and think you may be entitled to compensation, McGrath Mullan LLP will be able to advise you as to your rights.* Please feel free to contact us on 01-8735012 or at info@mcgrathmullan.ie.

*Note – In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

McGrath Mullan LLP was instructed by the parents of a child who suffered personal injuries while in a McDonald’s restaurant.

The accident occurred when a member of staff accidentally knocked over a hot beverage cup. Unfortunately, the contents of the cup spilled on the child causing the child to suffer burn injuries.

McGrath Mullan LLP advised the parents of the child regarding the child’s right to claim compensation for the personal injuries suffered. An application was made to the Personal Injuries Assessment Board on behalf of the child and the respondent consented to the claim being assessed.

The processing of the claim took some time as it was necessary for medical advisors to allow time to pass in order to give an accurate prognosis for the child’s injuries, which included burn injuries.

Ultimately, the assessment was issued by PIAB and same was accepted by the respondent and by the client, subject to the ruling of the Court.

The PIAB assessment had to be ruled by the Court as the claimant was under the age of 18. This is basically a safeguard for underage claimants to ensure that the Court is satisfied that the interests of the underage claimant are being properly looked after by their advisers. McGrath Mullan LLP arranged for the matter to be listed before the High Court.

If you are in need of legal assistance please do not hesitate to contact us at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.