Dianne Willmore, who passed from mesothelioma in 2009, won a landmark £240,000 case, holding Knowsley Borough Council liable for her asbestos exposure during school. Her case prompted legal and financial ramifications for local authorities nationwide, leading to increased awareness and changes in asbestos-related negligence proceedings.
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
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On the 30th September Mr. Justice Hogan gave Judgment in the case of Millar & anor v. Financial Services Ombudsman, [2014] IEHC.
The Court found that the Ombudsman made a serious and significant error, or a series of errors, in determining that the Plaintiffs should not succeed in their claim against Danske Bank, over its variable mortgage rates. Hogan J. remitted the case to the Ombudsman for a fresh determination that would not be ‘inconsistent with [this] Judgement’.
The case centred on a number of mortgages taken out with Danske Bank (formerly National Irish Bank) by the Plaintiffs in 2005 at the standard variable rate. The loans had been fully serviced throughout. The Plaintiffs’ case was that Danske Bank had increased the variable rate payable by the Plaintiffs at a time when interest rates were at an all time low. The Plaintiffs contended that their mortgage agreements with the Bank required the Bank to adjust their standard variable rate in accordance with the general interest rate available from time to time. The Ombudsman held that the Bank did not have to have regard to the ‘general market interest rates, but rather could asses its own ‘market conditions’ and adjust the interest rate accordingly. The Ombudsman further held that the Bank did not have to disclose the basis for its assessment of ‘market conditions’.
In delivering Judgment, the Court was critical of the Ombudsman’s decision in a number of respects, pointing out, amongst others, that (a) if the Ombudsman’s decision was correct, it would mean that the interest rate could be varied by the Bank, by reference to special factors, that the bank was not obliged to disclose so that customers would have to accept it at face value, (b) the Ombudsman’s remit is to have regard to wider principles than the substantive law of contract.
In rejecting the Ombudsman’s decision, the Court has opened the door to distressed mortgage holders who have, until now, had their claims of unfair practices by the banks rejected by the Ombudsman.
http://www.courts.ie/Judgments.nsf/0/8869D07E6601DFD480257D66004ED374.
EOIN McGLINCHEY
Shane Flynn, 35, owner of a Mullingar clinic, was convicted of sexual assault after inappropriately touching a client seeking back pain relief. The investigation also revealed 18 hours of footage showing Flynn secretly filming 35 women during massages, raising further concerns about his conduct and abuse of trust within his practice.
Naveed Rana, a Dublin taxi driver, was sentenced to five and a half years for the assault of an 18-year-old woman after a night out. The court heard how Rana took advantage of the victim’s trust, driving erratically and assaulting her before being apprehended due to her quick actions in reporting the incident to Gardaí.
Pat Murphy, a 34-year-old father, died after a ruptured artery went undiagnosed at Cork University Hospital. Despite suffering severe chest pains, he faced a nine-hour wait for a CT scan, delayed further by a malfunctioning machine. His family claims this delay contributed to his tragic death.
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