Litigation

Do you have a dispute with another party that you cannot resolve? Have your legal rights been infringed?

In conjunction with our Personal Injuries Department we also offer General Litigation services covering a wide range of issues including:

Professional Negligence and Malpractice

Professional Negligence occurs in situations where there has been a negligent act, omission or misconduct on the part of a professional such as an architect, engineer or accountant that causes a client to suffer loss and damage. Professionals are held to a higher standard of care because they represent themselves as having more than average skills and abilities.

If you think that you may have such a cause for complaint against such a professional and wish to discuss matters further in order to discover your options contact us now to make an appointment to see one of our expert Solicitors in our Limerick office.

Landlord and Tenant Disputes

We act for Landlords in Ejectment Proceedings for non-payment of rent or breach of covenant etc.

Defamation

The Defamation Act 2009 changed the legal position somewhat with regard to the tort of Defamation in Ireland. The archaic definition of defamation has given way to a more modern interpretation of the tort. Furthermore there is no longer a distinction in Ireland between libel and slander, it now all falls under the heading Defamation. Pursuant to the Act a “defamatory statement”is one “which tends to injure a person's reputation in the eyes of reasonable members of society”.

In order to have legal standing to pursue a Defamation case there must be a defamatory statement, which -

  1. Has been Published; (either in writing or orally)
  2. Refer to the complainant
  3. Is false

If you feel the foregoing applies to you and that you have been the victim of a defamatory statement, which has injured your reputation in the eyes of reasonable members of society, please feel free to contact usand come and speak with us in Limerick. We can discuss if you have an actionable case in a friendly and relaxed environment.

District Court Civil Matters

We will represent you in the District Court in Civil cases.

Contractual Disputes

We will represent you in situations where you have entered into a contract with another party and an action by that other party has resulted in Breach of Contract. Alternatively in cases where the contract is not performed to its fullest, we will help you seek equitable remedies such as Specific Performance of Contract.

These scenarios arise many times in cases against builders and developers, where there are substantial defects in the building of the house or property or in the materials used in the building of same. There are also occasions where the builder or developer may have failed to build the house or property in compliance with Building Regulations and Planning permission and we will help you vindicate your rights in these scenarios.

Breach of Contract can also arise in numerous other scenarios such as when buying a car that turns out to be defective or if the Car Dealer is refusing to honour the warranty. It can also occur in retail situations or in contracts for services etc. If you are unsure if your issue falls under the scope Contract law, please contact us.

As you will see we act in a wide range of Litigation cases. If for any reason you feel you may have a valid complaint that falls under the heading of Litigation but which is not covered in the above you can feel free to contact us and make an appointment to come see us in Limerick.

The first consultation is free and we will be happy to advise as to whether you have complaint capable of being litigated. We will advise you in a transparent manner and will never waste your time; if we feel that whilst your complaint may be valid that it is not actionable in Law, we will communicate same to you.

In contentious matters a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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Kindly take note that no Solicitor/Client relationship or duty of care or liability of any nature whatsoever shall be deemed to exist between John McNamara & Associates Solicitors until we have agreed to act on your behalf and have confirmed our appointment as your Solicitors. The contents of this Website are not intended to constitute legal advice and should not be taken as such.