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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11204
Experience:  Barrister 17 years experience
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I have an individual trying to sue me for an alleged injury

Customer Question

Hello
I have an individual trying to sue me for an alleged injury to his thumb. The alleged accident happened in Ireland. We are in England. It is alleged that a chair that we sold collapsed under him causing this injury whilst he was attending a wedding at a wedding venue in Ireland.. The public liability insurers of said venue are trying to push the blame on us for allegedly supplying a faulty chair (despite the fact that the chair was over 2 years old) I have a solicitor in Ireland dealing with this for me but my question is...If i decided to wind my company up voluntarily can somebody continue to try to sue us as a company? The reason I ask is that payouts for injuries can be horrendous in Ireland and could potentially cripple our company if this court case proceeds and we were to lose the case.
Submitted: 3 months ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 months ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 3 months ago.

1​. Yes, you can wind up your company in England and the claim for injury to the thumb is then merely another unsecured claim in the liquidation. So, it is perfectly possible to simply wind up your company to defeat the claim. The claim would continue but any award given would merely be an unsecured claim in the liquidation. The claim need not be defended as recoveries would only be an unsecured claim, provided your company was insolvent when liquidated.

Expert:  Buachaill replied 3 months ago.

2. Please Rate or Accept the answer as unless you do so your Expert will not receive payment from the website for answering your question.

Customer: replied 3 months ago.
Ah, but it would be a voluntary liquidation and we would be solvent (retirement) at the time of liquidation. With this in mind could they still come after us?
Customer: replied 3 months ago.
You may remember this issue (Tom Thumb)
Expert:  Buachaill replied 3 months ago.

3​. There is no point in going into liquidation if it is going to be a solvent liquidation as then you will have to pay the full value of the claim. That would be a stupid move, if the company is solvent. You need to think of a different approach as that is just a clown's move, if the company is solvent.

Customer: replied 3 months ago.
Any guidance on a “non clown” idea please? Maybe getting together with the public liability insurers of the venue with a reasonable out of court proposal (without prejudice) ? As oppose to walking into court together??
Expert:  Buachaill replied 3 months ago.

4​. My own view is that you are worrying unduly. Not every claimant wins in court in Ireland. I would advise you to simply fight it out and take the verdict when it comes. Awards are small to drunk Plaintiffs, if they win. Once there are high jinks involved, they generally lose. The more you give this Plaintiff hope, by offering money, the money you will get ridden for as much as your worth. You will then be perceived as being the outsider with money! You can speak to the public liability insurers about offering money, but again, you will lose out, as you don't really have a liability for a two year old chair. You are only showing you are a soft touch. There is a lack of any backbone in your approach to things.