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Successful Victims' Pension Appeal

Thu, 09 Apr 2026 09:02:02 GMT

£80,000 Awarded on Appeal

We acted for a widow whose husband was murdered in Belfast in 1971 by Loyalist paramilitaries. Her application for a Victims’ Payments Board pension was refused on the basis that she had not been present at the “immediate aftermath” of the incident within the meaning of Regulation 7(1) of the Victims’ Payments Regulations 2020 .

Jack Dowling was instructed.

Our client had attended the mortuary within approximately 90 minutes of the murder and identified her husband in the same condition as at the time of death. On appeal, we challenged the narrow interpretation adopted by the initial panel and relied on VPB guidance, which recognises that the “immediate aftermath” may extend to witnessing a loved one shortly after the incident in an unchanged state.

The appeal was upheld, with the panel accepting that our client fell within the definition.

She was subsequently awarded a pension with a value of £80,000.

£875,000 Award Secured in NHS Medical Negligence Claim

Tue, 24 Feb 2026 09:00:09 GMT

Medical Negligence Claim Settles for £875,000

We have secured a settlement of £875,000 on behalf of our client following a seven-year legal action against an NHS Trust.

Our client was misdiagnosed with a condition called Hirschsprung’s disease several months prior to her second birthday in the early 2000s. On foot of that diagnosis, she underwent an unecessary pull-through procedure.

We obtained expert medical evidence which established that the pre-operative rectal biopsy performed in 2002 was inconclusive which led to a misdiagnosis. On the balance of probabilities, a repeat biopsy would have demonstrated no evidence of the condition.

In short, the Defendant's decision to proceed to major surgery in the absence of a conclusive biopsy fell below the expected standard of care. A subsequent post-operative examantion similarly failed to confirm the condition. Our client did not, in fact, suffer from Hirschsprung’s disease and underwent an unnecessary major surgical procedure.

The surgeon and treating team failed to comply with their duty of candour. In particular, they did not inform our client’s parents, or the subsequent treating clinicians, that no confirmed diagnosis had been established and that an unnecessary surgical procedure had been performed. As a result, our client underwent care and treatment for a condition she did not have, leading to a delay of four years before a correct diagnosis was made.

The delay materially contributed to prolonged pain, suffering and the overall injuries our client sustained.

Our case was grounded upon thirteen different medico-legal reports addressing breach of duty, causation and long-term prognosis.

This was an exceptionally complex case requiring detailed and technical preparation. Nineteen expert reports in total were commissioned commenting on liability, causation and quantum from both the Plaintiff and Defence legal teams by medics, care experts and forensic accountants.

Following extensive negotiations, the parties agreed a settlement of £875,000. The resolution avoided the need for our client to give evidence at a court hearing, a process she was understandably anxious to avoid.

Jack Dowling had carriage of this matter.

Mother and Child Claims Succesful After Manhole Collapse

Wed, 11 Feb 2026 17:08:06 GMT

£27,500 damages for mother and daughter

I n October 2024, our client, a young mother, was carrying her baby daughter into nursery school in north Belfast when she stepped onto a defective manhole cover that crumbled beneath her. The incident caused our client to fall, resulting in injuries to her hands and legs, while her young daughter also fell and sustained a head injury. Jack Dowling was instructed.

Medical evidence was obtained for both mother and child and presented to the owner of the manhole cover, BT PLC.

Following negotiations, we secured a settlement of £6,500 for the child.

An initial offer made in respect of the mother’s claim was rejected as inadequate. Proceedings were subsequently issued when an amicable settlement could not be reached. Shortly thereafter, we successfully negotiated a settlement of £21,000 for our client, who was delighted with the outcome.

Convicted DUI Driver Causes Injury

Tue, 03 Feb 2026 16:47:13 GMT

Driver convicted of driving under the influence causes injury

We are pleased to have secured £21,000 for our client who was injured in a road traffic accident, caused by an intoxicated driver, in November 2024. Jack Dowling dealt with this matter.

Our client was injured when the Defendant drove erratically in his direction causing him to stumble and break his foot, luckily, he was not struck by the vehicle. The Defendant was arrested and subsequently convicted of driving under the influence of alcohol.

Although liability and causation were initially disputed due to the absence of contact between the Third Party vehicle and our client, we strongly maintained that the Defendant’s erratic driving directly caused our client to jump out of the way, resulting in the injuries sustained.

An initial offer of compensation was made for £7,000 which we swiftly rejected. After some discussion with the Third Party Insurer a figure of £21,000 was agreed.

£15,000 for siblings involved in RTC

Mon, 26 Jan 2026 18:04:15 GMT

£15,000 for brother and sister injured in road traffic collision

We are pleased to have settled two personal injury claims for our clients, two siblings, who were innocent parties in a road traffic collision in June 2025. Jack Dowling dealt with this matter.

Our clients first contatced our office regarding claims for personal injury in October 2025. We promptly carried out investigations into liability, obtained hospital notes and records and arranged medical appointments with a Consultant in Emergency Medicine.

Once liability was accepted and our medicals were complete, we served our medical evidence and entered into negotiations with the Third Party Insurance company.

We are delighted to have been able to secure our clients' compensation within four months of their first attendances at our office; negating the need for long, drawn out litigation.

£21,000 following taxi collision

Tue, 18 Nov 2025 11:41:02 GMT

Client compensated following collision

Our client, a passenger in a taxi, was awarded £21,000 following a road traffic collission in July 2024. Jack Dowling dealt with this matter.

The Fire Service attended the scene and had to cut our client out of his vehicle before he was brought to the RVH by ambulance.

After medicals were obtained and served, an initial offer was made by the third party insurance company of £10,000 but after extensive negotiations, we secured a final settlment of £21,000 without having to issue proceedings which would have delayed matters.

Our client was delighted with the outcome.

Hillcrest Bar bomb victim to receive £260,000

Thu, 23 Oct 2025 15:27:29 GMT

Victim's Pension Board Award £260,000 to Victim of Hillcrest Bar Bomb Attack

We are pleased to have secured over a quarter of a million pounds by way of Victim's Pension for a client who was injured in the Hillcrest Bar bombing in 1976 as a young boy.

Our client, who was 10 years old at the time, was playing with friends outside the Hillcrest Bar in Dungannon when a UVF bomb exploded, killing four people. Our client was gravely injured in the attack. Jack Dowling acted in this matter.

What is a victim's pension?

The Executive Office explains:

"The purpose of the Scheme is to provide those living with permanent disablement (either physical, psychological or both) caused by injury through no fault of their own in a Troubles-related incident with payments primarily in acknowledgement of the acute harm which they have suffered."

Regulation 5 of the Victims’ Payments Regulations 2020, sets out the circumstances in which a person is entitled to victims’ payments in respect of injury caused by a Troubles -related incident (“TRI”).

TRI is defined as meaning “an incident involving an act of violence or force carried out in Ireland, the United Kingdom or elsewhere in Europe for a reason related to the constitutional status of Northern Ireland or to political or sectarian hostility between people in Northern Ireland”.

£50,000 Damages for Father and Sons

Fri, 19 Sep 2025 08:40:47 GMT

£50,000 settlement after father and two sons rear ended at traffic lights

In June 2024, our clients were involved in a road traffic accident in east Belfast. Whilst waiting at a set of traffic lights, their car was struck from behind by another driver. Thankfully, the accident was not their fault — but it still caused both injury and damage to their vehicle. Jack Dowling acted in this matter.

Personal Injury Claims

All three occupants of the car suffered injuries. We made personal injury claims for each of them. Two of our clients were under 18 so their offers of compensation had to be approved by the County Court. This is a standard step to ensure that settlements for children are fair and in their best interests.

Vehicle Damage and Depreciation

Our client’s car was damaged and deemed not road worthy. Arrangements were made and his car was swapped for a hire car whilst his own was repaired to “pre-accident” condition by our mechanics. However, even after repairs, a vehicle can sometimes lose market value simply because it has been in an accident — this is called depreciation value.

We successfully recovered an additional £2,500 for our client to cover this loss in value, on top of the cost of repairs.

All in, we successfully recovered £50,000 for our clients.

£110,000 Road Traffic Collision Settlement

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Mon, 09 Jun 2025 12:39:14 GMT

£110,000 for client knocked down by a taxi in London

In August 2023, our client, BM, was seriously injured whilst visiting friends in London.

BM was lawfully crossing the road at a pedestrian traffic light in Piccadilly Circus, when she was struck side on by a taxi that failed to stop at a red light. She sustained multiple serious injuries, including fractures to her leg and wrist resulting in her being hospitalised for 3 weeks before being discharged home.

Although BM was initially reluctant to pursue legal action in England, she approached our firm for assistance. We promptly took instructions and issued a Letter of Claim to the third-party insurer.

Despite ongoing jurisdictional challenges we successfully secured a six-figure settlement for BM without having to issue proceedings. Our client was extremely thankful.

Jack Dowling dealt with this matter.

Purchase of One of Ireland's most Iconic Bars in "Multi-million pound deal"

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Tue, 15 Apr 2025 08:42:26 GMT

" One of Derry’s best-known pubs acquired by Downey group in multi-million pound deal"

We are delighted to have acted for our clients, H.J. Downey Ltd in relation to their purchase of Peadar O'Donnell's and the Gweedore Bar in Derry City.

Jack Dowling was instructed and ably assisted by Matthew Downey.

Historical Institutional Abuse Redress Scheme

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Wed, 09 Apr 2025 12:49:10 GMT

Closure of the Historical Institutional Abuse Redress Scheme

With the application window for the HIA Redress Scheme now officially closed as of 02 April 2025, we are pleased to confirm that in the final fortnight of the scheme’s operation, our Jack Dowling successfully secured financial settlements for two clients who suffered abuse as minors whilst in institutional care in the 70s and 80s.

Despite the narrow timeframe, we obtained compensation awards of £45,000 and £50,000 respectively, ensuring both clients received recognition and redress for the harm they endured.

These outcomes reflect our commitment to achieving justice for survivors of historic abuse and the importance of acting swiftly and effectively in time-limited redress processes.

Both clients were extremely grateful:

“I can’t thank FinucaneToner and Jack Dowling enough. They were professional, supportive, and always took on board what I had to say. After years of carrying this burden, they helped bring some closure and justice. I’ll never forget what they’ve done for me." Client B

£30,000 for NHS Nurse Assaulted by Senior Colleague

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Thu, 20 Mar 2025 10:33:52 GMT

£30,000 for Nurse Following Assault by Senior Colleague

In January 2024 we were instructed by a client to peruse a claim for damages against her employer following an assault in the work place by a senior colleague. Jack Dowling dealt with this matter.

Our client, a nurse in her mid-20s, was the victim of a campaign of sexual harassment in the workplace by a nurse colleague which culminated in a physical assault in December 2023. Despite our client escalating her concerns on numerous occasions to management, the matter was not formally dealt with until said colleague pulled our client's scrubs down in a storeroom in front of other colleagues.

We sent a letter of claim to the Defendant Trust in April 2023 alleging that they had failed in their duty of care to our client in that they did not act appropriately once they were aware of the situation.

Following negotiations, the Defendant Trust, without admission of liability, agreed to settle the matter for £30,000.

The perpetrator was convicted of sexual assault which was later reduced to assault on appeal .

£10,000 for client scalded in coffee shop

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Thu, 13 Mar 2025 12:29:51 GMT

Client left with residual scarring to hand

We are happy to have settled a case for our client whose hand was scalded in a popular coffee chain in Belfast in August 2024. Jack Dowling took instructions.

Whilst our client was being passed a hot beverage by a barista in a café in August 2024 the lid came loose and the boiling contents spilt over her hand. She sustained burn injuries to her hand and thumb which has has left some residual scarring.

An initial offer of £2,000 was made which we felt undervalued our client's injuries. After a brief exchange, a settlement of £10,000 was agreed upon.

Our client was delighted with the outcome.

£60,000+ damages following collision

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Thu, 06 Mar 2025 12:13:30 GMT

£60,000+ damages for clients involved in road traffic collision

We were pleased to finalise settlements this week for four clients who were involved in a road traffic collision on a country road outside Belfast in August 2024. Jack Dowling acted.

Our clients, a driver and three passengers, were travelling to a football match in August 2024 when a car pulled out in front of them causing a 3 car collision.

Liability, with the benefit of dash cam footage, was quickly admitted by the third party insurance company and medicals were arranged with relevant consultants.

We arranged a hire car for our client with React Accident Management as our client's car was written off by a mechanic.

Damages were agreed recently for more than £60,000.

We are pleased to have settled these claims for our clients within 6 months of the accident, avoiding unnecessary legal costs.

£20,000 for delivery driver injured at work

Wed, 29 Jan 2025 17:24:21 GMT

Delivery Driver Injured at Work

Our client, a male in his 20s, was injured during the course of his part-time employment in March 2024. When delivering a parcel to a home, he stepped onto a defective manhole cover which gave way, resulting in him falling, knee deep, into a sewerage drain.

Jack Dowling took instructions from the client and issued a letter of claim to the home owner alleging negligence in that under the Occupier's Liability Act, the owner had not taken sufficient care to ensure the premises was safe for lawful visitors.

Our letter was passed to the home owner's insurance company who accepted liability after a short investigation.

Reports were obtained from an A&E consultant and a Plastic Surgeon who commented on his scar.

After brief negotiations, a settlement was agreed upon of £20,000.

To our client's satisfaction, the matter was opened and closed, without any unnecessary delays, within 10 months of first instructions.

£120,000+ for client shot in 1970s

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Thu, 23 Jan 2025 15:17:55 GMT

Victims' Payments Board Payment of £120,000+

We are pleased this week to have obtained a large sum of over £120,000 for a client who was injured in a sectarian UVF shooting in the 1970s. Jack Dowling was instructed.

Our client and his colleagues were driving to work when their van was ambushed by the UVF who, indiscriminately, opened fire on the vehicle, killing the young driver. Our client was hit three times.

We were instructed in April 2023 to assist our client in making an application to the Victims' Payments Board. The NIO describes that the purpose of the Scheme is to provide those living with permanent disablement (either physical, psychological or both) caused by injury through no fault of their own in a Troubles-related incident with payments primarily in acknowledgement of the acute harm which they have suffered.

If you were injured in a 'Troubles-related incident' between 1 January 1966 and 12 April 2010 you may be entitled to such a payment.

Police unlawfully spied on journalists

Wed, 18 Dec 2024 17:10:47 GMT

PSNI and Met Police acted illegally by spying on two Belfast journalists

In October 2017, the PSNI announced that it had requested Durham Constabulary to investigate No Stone Unturned, a documentary that detailed how the RUC had colluded with and protected UVF killers involved in the murder of six men in Loughinisland on the 18th June 1994.

Durham Constabulary was tasked with leading an "independent" investigation, as the PSNI could not be seen investigating itself. On the 31st August 2018, our client, Barry McCaffrey and colleague Trevor Birney were arrested and questioned regarding the alleged theft of sensitive intelligence documents and breaches of the Official Secrets Act. John Finucane acted for Mr Barry McCaffrey, journalist and co-creator of the film, throughout.

In June 2019, senior judges ruled that the arrests had been unlawful. Mr McCaffrey and Mr Birney received a public apology from then PSNI Chief Constable Simon Byrne, as well as substantial financial damages of £875,000.

When faced with the likelihood of severe penalties from the IPT, Durham Constabulary disclosed that the PSNI had, in fact, been responsible for all unlawful activity.

What is the Investigatory Powers Tribunal?

The Investigatory Powers Tribunal (IPT) is an independent judicial body that investigates complaints about the conduct of public authorities in the UK.

Our client, Mr McCaffrey writes in the thedetail that, "since its inception in 2001, the IPT has looked at 4,073 complaints against the various intelligence agencies. It has only found in favour of complainants in 1% (47) of those cases." This highlights the significance of yesterday's judgement which declared that the PSNI and Metropolitan Police acted illegally by spying on the journalists. The IPT ruled that the PSNI were to pay each journalist a further £4,000.

Speaking from London, John Finucane said:

“Today’s ruling by the Investigatory Powers Tribunal is resoundingly and rightly in favour of the powerful work of journalists, including the exceptional Trevor Birney and Barry McCaffrey.

As these investigative journalists carried out their job, including assisting victims and families, police forces and state bodies from across these islands sought to criminalise them for doing so.

This is a momentous day vindicating the work and relentless determination of these two remarkable journalists.”

Family awarded £75,000 Following Death in the Workplace

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Thu, 14 Nov 2024 09:57:58 GMT

Family awarded £75,000 following Death in Workplace

Our client, the administrator of her late husband's estate, took a case against her husband's employer following his death at work. Jack Dowling dealt with this matter.

The deceased died during the course of his employment. Amongst other breaches, the Defendant employer was later convicted in the Crown Court in respect of breaches of the Health & Safety at Work (NI) Order 1978. Our claim alleged that the the Defendant's negligence and breaches of statutory duty caused our client's death.

Loss of dependency reports were obtained from forensic accountants detailing loss of potential income, pension, services, and damages for bereavement.

Following consultation with Senior Counsel, this case settled for the sum of £75,000 pre-trial. Whilst we were confident on liability, the question of the quantum of our claim had presented a number of difficulties. Given the circumstances, we were delighted to be able to secure such a large sum for our client and her family.

To protect the identity of our client's family no further details will be disclosed.

£30,000 settlement for boy hit by motorist

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Tue, 05 Nov 2024 08:58:59 GMT

Boy knocked down en-route to school to receive £30,000 in compensation

A young client, on his way to school, was knocked down by a car in late 2016.

Our client was crossing a road in Belfast, en-route to school, when he was knocked down by the driver of a car who, we allege, was wrongly driving in a bus lane.

Liability was initially denied by the Defendant on the basis that our client was jaywalking and should have properly checked for oncoming traffic before crossing his lane. The Defendant further disputed that the bus lane was in operation at the time of the accident.

Our client sustained serious personal injuries including a fractured eye socket. Medical reports were obtained from consultants in Emergency Medicine, Psychiatry, Ophthalmology and Oral and Maxillofacial medicine. Thankfully, our client had no long term injuries and received positive prognoses from each consultant.

The case was settled for £30,000, which took into account a portion of contributory negligence on the part of our client, who had crossed the road in an unsafe manner.

Our client was delighted with the settlement which negated the need for him to attend Defence medical appointments and go through a lengthy trial.

Jack Dowling dealt with this matter.

£17,500 for client involved in road traffic collision

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Wed, 30 Oct 2024 13:50:54 GMT

Pre-proceedings settlement of £17,500 for client following collision in Belfast

We are pleased to have settled a pre-proceedings claim on behalf of our client this week following a road traffic collision in Belfast in March of this year.

Our client was stationary at traffic lights when she was unexpectedly rear ended by another driver. Liability was not disputed and medical evidence was invited by the 3rd party insurance company. Jack Dowling dealt with this matter and obtained a report from a consultant in Emergency Medicine and a Psychiatrist.

An offer was made to settle the case in full for £12,500. We advised our client not to accept this and reverted with a counter offer. A second offer was made quickly thereafter for £17,500 which we advised our client to accept.

We are delighted to have been able to secure a substantial settlement for our client following this traumatic experience.

This case was opened and closed within eight months and our client was delighted with the outcome.

High Court rules human rights breach for Prisoner

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Thu, 19 Sep 2024 09:04:27 GMT

Human Rights Breach

A sentenced prisoner in Maghaberry Prison, Mr Robert Clarke, has had his Article 14 and Article 8 rights breached, the High Court has ruled. Mr Clarke instructed his solicitor, Mr Ruaidhrí Currie , to initiate judicial review proceedings against the South Eastern and Social Care Trust, the public body with responsibility for the provision of healthcare to the prison population in this jurisdiction. Mr Clarke challenged the failure of the Respondent to provide him with appropriate healthcare treatment for his addiction issues, specifically in relation to assessment for opiate substitution therapy.

Mr Justice McAlinden found that Article 8 of the European Convention of Human Rights (‘ECHR’), right to private life, was clearly engaged in the Applicant’s case in respect of his physical and psychological integrity. Further, it was established that the Trust were also in breach of Article 14 ECHR his right not to be discriminated against as a prisoner.

The High Court stated that the Applicant was entitled to a declaration due to the differential treatment provided to the prisoner, seeking to be assessed for the OST suitability against the commencement of treatment for a patient in the community.

It was established that the Respondent Trust had therefore unlawfully discriminated against the Applicant in breach of Article 14 of the Convention, when read together with Article 8 of the Convention.

Mr Donal Sayers KC and Mr Michael Halleron BL were instructed in the matter.

A full record of the judgement is available here.

£225,000 settlement following motorcycle collision with car

Wed, 04 Sep 2024 11:41:43 GMT

Compensation for client involved in road traffic accident

Incident Details:

Mr. GM was involved in a serious road traffic accident whilst driving a motorcyle along along the Ligonel Road in Belfast in 2015. The accident occurred when a driver in a car performed an illegal 'u-turn' manoeuvre, causing Mr. GM to collide with the vehicle.

Criminal Proceedings:

Following the accident, Mr. GM was arrested for dangerous driving as he had been driving a vehicle not deemed safe for the road. After his release from hospital, he was interviewed under caution by the Police Service of Northern Ireland (PSNI). During the police interview, CCTV footage was presented, and Mr. GM was charged with the offence of Dangerous Driving.

Defence and Trial:

Upon careful review of the CCTV footage, we advised Mr. GM to plead not guilty to the charge, as we had concerns regarding the driving of the third-party vehicle. Two years later, represented by Ciarán Toner , Mr. GM was found Not Guilty of the offence at Laganside Crown Court.,

Civil Proceedings:

Subsequent to the criminal trial, we initiated civil proceedings on behalf of Mr. GM for personal injury against the third party driver. The third-party driver's claim was addressed initially, and upon its conclusion, medical evidence was obtained from various consultants on behalf of Mr. GM.

Settlement:

Nine years post-accident, liability was agreed on a 50/50 basis. An offer of £112,500 was made to Mr. GM, reflecting the 50/50 liability agreement. Jack Dowling dealt with the civil aspect of this matter.

Outcome:

Criminal Charge: Not Guilty

Civil Settlement: £112,500 (50/50 liability basis)

Cyclist obtains settlement of £75,000

Wed, 14 Aug 2024 16:19:51 GMT

£75,000 compensation for cyclist

Finucane Toner Solicitors were instructed by AJ, a keen cyclist, who fell off his bicycle in August 2023 whilst cycling down the Antrim Road in Belfast. AJ cycled through a wet patch on the road, concealing a poorly maintained manhole, which resulted in him falling forcefully from his bicycle and suffering personal injuries, including a broken hip. Jack Dowling had carriage of this matter.

AJ, approached Finucane Toner in September 2023 seeking advice regarding a personal injury claim. A letter of claim was sent to the Defendant, who then, on a without prejudice basis, decided to enter into early negotiations given the circumstances of the accident.

After obtaining appropriate medical evidence, we entered into discussion with the Defendant. An initial figure of £40,000 was proposed and rejected. Following negotiations with Counsel, a figure of £75,000 was agreed upon without admission of liability.

Thankfully we were able to resolve this claim without the need to unnecessarily litigate in Court which would have been both costly and time consuming for our client. We are happy to have delivered this great result to our client less than 12 months from the date of his accident.

Our client was delighted with the outcome.

Wheelchair User Struck by Van

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Fri, 09 Aug 2024 08:51:17 GMT

£20,000 compensation award following van's collision with pedestrian in wheelchair.

Following a two day hearing, our client was awarded £20,000 in the County Court of Belfast following a disputed road traffic collision in June 2021. Jack Dowling dealt with this matter.

Liability was disputed by the Defendant driver who denied there was a collision and claimed that our client had caused damage to her electronic wheelchair by driving into a kerb. The matter proceeded to trial. Evidence was heard from our client, her mother and the Defendant driver. Plaintiff evidence was presented to the Court from an engineer commenting on the damage to the wheelchair and from medical experts commenting on our client's injuries. Following a two day hearing, the District Judge ruled in our favour and made an award of £20,000 to our client.

Our client was extremely satisfied with the outcome.

Gary Baird sentenced to seven years

ftonerwebsite@outlook.com (KIERAN MCNICHOLL) — Tue, 16 Jul 2024 09:48:06 GMT

Gary Baird sentenced following guilty plea to manslaughter.

Gary Baird was arrested in August 2020 after he admitted to killing his wife, Susan Baird. Mr Baird was subsequently charged with the murder of his wife.

Finucane Toner Solicitors represented Mr Baird throughout, from the initial PACE interview in August 2020 until sentencing in July 2024. Ciarán Toner led this case.

It has been widely reported that Mr Baird suffered from mental health issues. After initially being charged with murder, Gary Baird pleaded guilty to manslaughter in May 2024 after Finucane Toner commissioned a number of psychiatric reports commenting on his mental wellbeing. The PPS accepted this plea.

Mr Baird was sentenced to 7 years; 3 years of which are to be served in custody and the remaining 4 on licence. Mr Baird is due to be released later this year.

McFarland J's sentencing remarks can be read here .

Ciarán Toner commented that this case "starkly demonstrates the complete lack of mental health services available in our society".

£85,000+ damages following fraudulent fertility treatment

Mon, 24 Jun 2024 10:27:12 GMT

AB Vs Logan Wellbeing Belfast Ltd, Logan Medical Belfast Ltd and Ruth Ellen Logan

Following BBC Spotlight’s programme on a well-known Belfast fertility clinic in Spring 2022, Finucane Toner Solicitors were contacted by ‘AB’ for advice. Jack Dowling dealt with this matter.

After years of being unable to conceive, ‘AB’ attended Logan Wellbeing for fertility treatment in 2019. At her first consultation ‘AB’ was told that there was no problem and that she would be able to conceive should she engage in their services. ‘AB’ proceeded to spend over £6,000 on treatments with the clinic. Unfortunately, the treatment was unsuccessful. In March 2022 ‘AB’ learnt, through a BBC Spotlight television programme, that there were serious concerns surrounding fraudulent treatment that had been offered by Logan Wellbeing.

‘AB’ contacted Finucane Toner Solicitors in May 2022 to take a claim for damages on her behalf.

In June 2024, damages were awarded in the High Court to our client to the tune of £86,530.

Collision With Uninsured Driver

Fri, 07 Jun 2024 21:12:26 GMT

Finucane Toner Solicitors were instructed by DL following a road traffic collision in October 2021 with an uninsured driver. DL was driving his vehicle along the Stewartstown Road in Belfast when a van rear ended him and drove off without stopping. Jack Dowling acted in this matter.

The 3rd party driver in this case initially provided fraudulent insurance details to both our client and to the PSNI. When it was established that he was not insured we lodged a claim with the Motor Insurers' Bureau on behalf of our client. Liability was accepted by the MIB shortly thereafter and we obtained our own medical evidence from an experienced A&E Consultant.

An initial offer was of £4,500 was refused and following brief negotiations a settlement was agreed upon of £7,500. This claim Vs the MIB was settled within 10 months.

Despite a number of set backs and obstacles, our client was eventually compensated for both the damage to his vehicle and for the personal injuries sustained.

£62,500 awarded to rear seat taxi passenger

Fri, 07 Jun 2024 17:05:01 GMT

Finucane Toner Solicitors were instructed on behalf of FC following a road traffic accident in April 2022. Jack Dowling dealt with this matter.

FC was the back seat passenger of a taxi travelling home from an evening in Belfast City Centre with her husband. The taxi was travelling along the Grovesnor Road when another driver completed an illegal manoeuvre by pulling across their lane without right of way which resulted in this collision.

FC sustained a fracture to her wrist as well as whiplash type injuries to her neck and back. She had complained of ringing in her ears & mental health injury post accident. She was also left with cosmetic injuries to her face & body.

Despite evidence that the other driver had caused this accident, liability was not admitted in pre-proceeding discussions so Finucane Toner Solicitors issued a Writ on behalf of FC.

After consideration of her medical records, we obtained a number of helpful expert reports from an Orthopaedic consultant to comment on her fractured wrist and whiplash injuries; a plastic surgeon to comment on the scarring to her face; an ENT consultant who diagnosed her with tinnitus as a result of the collision and a psychiatrist.

Following service of our medical reports the Defendant solicitor contacted our office and we entered into early settlement discussions. An initial offer was presented to our client which we advised her not to accept.

A figure of £62,500 was eventually agreed upon following brief negotiations.

Our client’s husband’s case continues.

‘Nurse compensated after contracting COVID-19’ - £100,000 damages

Thu, 01 Feb 2024 08:43:28 GMT

Finucane Toner Solicitors recently obtained a settlement of £100,000 on behalf of a client after she contracted Covid-19 in the work-place in 2020. Our client, a retired nurse, answered the Government’s call for retired health care professionals to return to work during the Covid pandemic. Jack Dowling dealt with this matter.

Our client made her employer aware that she had Type-2 Diabetes, despite this clear indication, the Defendant conducted no risk assessment as to where she could be deployed. She was assigned to a nursing home where she was not afforded the appropriate training as per her contract.

Our client contracted COVID-19 within days of recommencing employment. She developed severe symptoms and required admission to hospital including a period of over 3 weeks in intensive care where she was intubated and ventilated. Although she was subsequently discharged and made a gradual recovery she still suffers from significant residual symptoms. The thrust of our client’s case was that she ought not to have been assigned to this nursing home without a proper risk assessment including consideration of her pre-existing health condition and the likely prevalence of Covid-19 within that particular home.

Liability was admitted shortly after Finucane Toner sent a letter of claim to the Defendant. Thereafter, Finucane Toner gained independent medical evidence from Consultants in Emergency Medicine, Psychiatry, ENT and Respiratory medicine. Our client’s injuries were examined thoroughly and her prognosis in each area was commented upon.

Finucane Toner then instructed Counsel and Senior Counsel and entered into dialogue with the Defendant. Following short negotiations, an offer of £100,000 was offered to our client which was accepted.

Given the novelty of the Covid-19 pandemic, this particular claim presented new questions to Finucane Toner which were addressed meticulously through research and expert consultants.