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McKinty and Wright
Catriona McCorry and Roisin Harper have continued to strengthen McKinty and Wright’s association with FOIL in 2017: Catriona is FOIL Regional Representative for Northern Ireland and Roisin is NI Rep for TFOIL (Tomorrow’s FOIL). FOIL is the professional membership organisation representing those engaged in the defence of insurance-related claims. Members act for insurers, self-insured companies and all authorities in the public and private sectors. At McKinty and Wright, we aim to fully support FOIL’s commitment to: - Promoting best-practice in the defence of claims. Shaping and influencing public ...
Roisin Harper
NI JUDGMENT UPDATE (PERSONAL INJURY) Ruth Christine Mullen v Samantha Kerr (Defendant) and South Eastern Education and Library Board (Third Party) [2017] NIQB 69 - Stephens J Relevance: Casualty; Occupiers Liability; Employers Liability; Workplace Health and Safety Regulations (risk assessment and organisation of traffic routes).  Judgment entered for the Third Party in relation to third party proceedings; failure to carry out a formal risk assessment not indirectly causative of injury; precautions taken were adequate and organisation of traffic route sufficient. Instructed on ...
Catriona McCorry
NHS Pays More Than £1 billion in Patient Negligence Claims According to NHS Resolution the NHS paid out over £1.7 billion in damages for medical negligence claims in the last year. Ten years ago, in 2006/2007, the NHS received 5,419 claims. The number of claims last year came to nearly 11,000.  Whilst the overall number of claims in 2016 were down from the previous year, legal costs and damages have increased. As set out in a recent article by The Telegraph’s Health Editor, statistics from ...
Kevin O'Hagan
Ahead of McKinty and Wright’s annual CPD Session on 30th June 2017, Kevin discusses recent cases / points of interest for those dealing with claims litigation in Northern Ireland. The final part of the series focuses on Contributory Negligence in the context of the Judgment delivered in a Personal Injury/Casualty Motor claim dealt with by McKinty and Wright: - Contributory Negligence is one of those hard to pin down principles in Law, but in the simplest terms, it is the portion of blame that rests with the injured party arising from the facts of a case. In practice, it is the apportionment by which the Plaintiff’s damages should be reduced in matters in which the ...
McKinty and Wright
McKinty and Wright’s Charity Team (l-r): Tania Leiper, Jenni McFall, Oonagh McVeigh, Chloe Doherty Prosser, Simon Russell and Hayley Donaldson displaying the final figure raised on behalf of Mencap A change in the firm’s Charity Partner has been marked with a fond farewell to Fiona McCann and team at Mencap. We raised £5,971 in aid of the Big Step Forward campaign and were honoured to play a part in helping Mencap realise its ambition of opening a modern, flagship facility for children with learning disabilities. A warm welcome to incoming partner, Alzheimer’s Society, a charity investing in research into dementia care, cause, cure and prevention, along with providing ...
Kevin O'Hagan
Ahead of McKinty and Wright’s annual CPD Session on 30th June 2017, Kevin discusses recent cases / points of interest for those dealing with claims litigation in Northern Ireland. The second part of the series focuses on Limitation: - The High Court recently considered two issues which have been dogging Limitation cases in the last few years: whether an application should be taken before the Master as a preliminary issue and; when the Court should strike out a Plaintiff’s case based upon affidavit evidence alone.   Anyone who has considered making an application before the Master to strike out a Plaintiff’s claim because it is Statute ...
Connie Keating
With the deadline for renewal of liquor licenses fast approaching, it is time to check you are fully prepared. All liquor licences in Northern Ireland must be renewed by the Court every five years. The last renewal date was September 2012 meaning, with few exceptions, the renewal process must be completed ahead of the September 2017 deadline.  Now is the time for all licence holders to check that they have the original Liquor Licence, Entertainments Licences, and NITB Certificates where appropriate. The renewal process itself is relatively straightforward and in most cases, save where the PSNI or Council are objecting to the renewal and, subject to all statutory proofs being in order, there will not be any court attendance ...
Kevin O'Hagan
Ahead of McKinty and Wright’s annual CPD Session on 30th June 2017, Kevin discusses recent cases / points of interest for those dealing with claims litigation in Northern Ireland. The first part of the series focuses on recent wins at trial, both defending and prosecuting for a Public Sector / Utility client: - Personal Injury/Casualty PL claim: Dismissal of Plaintiff’s allegations secured at trial, building on our 75% dismissal/indemnity rate for the client: - Allegations The Plaintiff alleged an ankle injury as a result of stepping onto a defective fire hydrant on the public road. The Co Defendant alleged that our client ...
Oonagh Murdock
New Inheritance Tax legislation may potentially benefit you and your children. But beware of the pitfalls! As of 6th April 2017, a revised policy on Inheritance Tax will benefit some individuals with estates worth over £325,000 and their direct descendants. Prior to the introduction of this policy, an individual’s estate was subject to 40% tax on anything above the threshold of £325,000 upon their death. The introduction of the transferable nil rate band in 2007 effectively doubled this to £650,000 for a married couple leaving everything to the surviving spouse. In line with a previous manifesto promise, the government has now introduced new measures that ...
Lester Doake
Brendan Mooney’s key themes for his term as IINI President, Involve, Invest, Network and Inspire, were strongly reflected by the line-up of speakers and topics in the 2016-2017 Insurance Institute of Northern Ireland’s (IINI) Premium Masterclass Series, which ended earlier this month. Stand out speakers included Caitriona Somers on Technology in Insurance, Rene Carayol MBE discussing Culture & Transformation and Branko Bjelobaba providing An FCA Update. Roisin Harper from McKinty and Wright was also honoured to speak at this year’s Masterclass Newry, on the topic of vicarious liability and providing a brief litigation update. The level of engagement from delegates made the event a big success and is testament to the professionalism fostered by the IINI.
Louise Butler
Just this morning the Lord Chancellor, Liz Truss announced that the Discount Rate applied to Personal Injury cases will be reduced from 2.5% to minus 0.75% but what does this mean for Northern Ireland? What you need to know? The amendment to the Discount Rate in England and Wales comes into effect on 20th March 2017. It does not automatically apply to Northern Ireland; it is for the Department of Justice to implement a Statutory Rule to bring any amendment into effect. Given the current political situation in Northern Ireland and with the next election due to take place on Thursday 2nd March 2017, it is likely to be some time before the Discount Rate is top of the agenda and so the current rate will remain for now but watch this space.
Gary Patterson
Surprisingly, it remains the case that the majority of people in Northern Ireland do not have a Will or an Enduring Power of Attorney in place. Given the economic uncertainty of the past few years, it is now more important than ever to review your personal affairs and take steps to protect your family and dependents in the event of your death or mental incapacity. Reasons to make a Will You decide how your assets are shared out on your death.  If you do not have a will, the law with determine how your assets are distributed. This may not be consistent with your wishes.  It is particularly important to have a Will if you have a ...
Carol Scobbie
05/12/2016: P Walsh and H Lester v C Lester [2016] NICA 50 McBride J delivered the judgment of the Court of Appeal in this matter. The Court was asked to consider whether the appellants had unreasonably withheld consent to the respondent’s request to build a dwelling house, on the basis that it would obstruct the sea view from the appellant’s property, in breach of the lease under which the respondents held the land. The lease was created in the 1980s for a term of 9,000 years with a nominal rent. It related to a building site with outline planning permission, which was renewed on a number of occasions. Full planning permission was obtained in 2013 for a dwelling house different in design to that in the outline planning permission. One of the terms of the lease stated that the ...
Lester Doake
Following on from the last update on activity sent out at the end of May, this is a good time to catch up again. Just like us, the people who connect with the firm are always on the move, so thanks to everyone in the team for working on finalising the more mobile-friendly version of our website. Thanks also for continuing to support the efforts of the Charity Team and for engaging with our internal service improvement projects - we are set to build on everyone’s good work next year. Engagement with the Insurance Institute and MLN continues into 2017, with great feedback from the events in 2016 - kicked off ...
McKinty and Wright
Gillen LJ opens the Preface to Review of Civil and Family Justice: The Review Group’s Draft Report On Civil Justice (the Draft Report) with a particularly apt quote: – “As the usages of society alter, the law must adapt itself to the various situations of mankind.”[1] Launched in September 2015, the Review of Civil and Family Justice in Northern Ireland is wide-reaching. Its remit includes looking at the scale costs system and opportunities to streamline court procedures and improve case management. Its methodology includes the examination of best practice and experience in other comparable jurisdictions. ...
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