Cross Border Claims
Morgan McManus has a Litigation Department experienced in Insurance and Personal Injury Claims in both Northern Ireland and the Republic of Ireland. The Firm acts for both insurers and claimants Claimant Also known as the Plaintiff, he is the party who makes a Calims / issues proceedings in a civil law action..
We have many years of experience in Claims involving Road Traffic Accidents, Employment Accidents and Medical Negligence Negligence
Negligence is when a person or organisation doesn't take reasonable care over something where they have a duty to do so, for example, failing to drive carefully. If you are injured because someone was negligent (they did something they shouldn't, or didn't do something they should), you may be able to claim compensation.
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Because of our experience in cross border litigation, we have particular experience in contentious claims involving decisions on where; that is, in which jurisdictionJurisdictionThe authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. In the specific context of Northern Ireland and the Republic of Ireland, it is important to ascertain whether the Courts in Northern Ireland or the Republic of Ireland are entitled to try the case, Claims should be initiated - for the advantage of our clients:
Case Studies
• Client was injured in a road traffic accident in Northern Ireland. The driver of the vehicle was from the Republic of Ireland. A claim may be issued where the accident occurred or where the Defendant Defendant Also known as the Respondent, the defendant is the party who is sued in a civil law action. resides. We advised issue of Proceedings in the Republic of Ireland where the client was likely to obtain more compensationCompensation An amount awarded by a court or tribunal if your employer has treated you in a way that breaks employment law or breaches your contract, sometimes called damages.
• Car owner's wife, who was driving, and children were involved in a car accident in Northern Ireland. Neither driver accepted responsibility and in the circumstances it was necessary to contest the case in Northern Ireland where we had the benefit of the Police evidence for the Court Hearing. We issued proceedings in respect of the car damage claim only (in the husband's name) in Northern Ireland, won our client's claim in that jurisdiction and, in turn, issued personal injury claims on behalf of the wife and children in the Republic of Ireland Courts.
Employment Law
Because we work in both jurisdictions, we also provide advice on specific areas of cross-border Employment Law. See for example our pages on Comparative Analysis of Employment Law which is an immediate Reference Guide for North/South Employers.
Jurisdictional issues
Where you, as an Employer, have workers in both Northern Ireland and the Republic of Ireland, you may incorrectly assume that the same law and principles apply. This is not always the case and an incorrect assumption could lead to costly litigation. Because we practise in both jurisdictions, our legal team will be able to advise you on the appropriate law which applies to your situation. For example, whereas an Employee may initially have been employed in Northern Ireland and signed his Contract of Employment in Northern Ireland, if he was subsequently posted to work in one of the Employers departments in the Republic of Ireland he may be entitled to sue in the Republic of Ireland Courts if the breach of law arose in that jurisdiction.
| Contact Morgan McManus Solicitors Tel: (ROI) 047 51011 (NI) 028 6632 0102 Email: law@morganmcmanus.ie | Terms of Use |
Republic of Ireland Claims - In contentious claims, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.