Judicial Quotes

“On the contrary, if one adopts that old principle that ‘actions speak louder than words’ Heslin J

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“More significantly however, there was not a single shred of evidence to support the defendant’s hypothesis that the plaintiff or her solicitors had deliberately suppressed the second accident.  Undeterred by this, counsel for the defendant accused the plaintiff of PERJURY, a very serious criminal offence, and her solicitors of fraud, an accusation that could hardly be more serious for an officer of the court and one that would leave the solicitor concerned, were it true, potentially open to the most severe sanctions up to and including the loss of his or her livelihood. “

Noonan J

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“…also complains, in effect, that he should have to pay for receiving his solicitor’s advice. This is because of his apparent belief that a solicitor should act unquestioningly on his client’s instructions once given and that any advice tendered thereafter is not to be paid for. But that is to reduce a solicitor to the role of unthinking flunkey; and this is not a role that a solicitor is ever expected to play. Of course, there comes a time when a solicitor, for so long as s/he continues to act for a client, must act in accordance with that client’s lawful instructions, but in practice a solicitor is often obliged as a competent professional to urge his or her client to pursue an alternative course of action from that settled or embarked upon by a client, when the solicitor sees that the alternative course of action will better protect the client’s legal interests. Patently, such legal advice must be paid for. If Mr H did not wish to pay for listening to his solicitor’s advice, it was always open to him to cease to engage his solicitor. “

Barrett J.

It is debatable that spending outrageous sums of a clients monies on fighting a case without ascertaining how much it would cost to settle it (possibly at a fraction of such legal costs) could be deemed to be ” protect the client’s legal interests ” unless say a client was availing of tax deductions/ write offs for such legal costs such that the net cost to them was inconsequential to them – an area of law as yet unexplored in Irish Jurisprudence.

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Lord Denning ” It is a very old principle laid down by Lord Coke that a man shall not be allowed take advantage of a condition brought about by himself “