Lawyers – E-mail me on and tell me has this man got a likely winning case?

Dear Mr. Tormey,

I note in your “Finglas Winter 2011” newsletter a question asking whether the residents in Mayeston Hall are still suffering from crime and vandalism, including the wrecking of cars?

I cannot answer that question but I can tell you that the vehicles of owner-occupiers in Hampton Wood estate are continuously suffering every degree of criminal damage to their vehicles, including unlawful taking. My wife and I each own a car a both of us must work to pay the bills (with no remainder – a story repeated the breadth and depth of our demographic and one I’m sure you’ve heard so often your ears hurt). In the past two years my car has twice been damaged in attempts to break into it, my wife’s car has been damaged seven times. On one occasion the criminals broke into the car and stole the headlight/indicator units but were thankfully disturbed before they finished their attempt to get an entire wing-panel off the car. The cost to us of these crimes has a serious effect on our budget, not to mention the effect they have on our sense of security, community and isolation from Government or Law Enforcement. The Management Companies must do something about these crimes which are repeately being committed with increible impunity.

The Occupier’s Liability Act, 1995 provides that occupiers must protect entrants/visitors against known dangers? It could be argued the Management Companies are the Occupiers, the residents the Visitors/Entrants (to the common areas), and the recurring crimes the Known Danger. Someone should promote the idea of taking the Management Companies to court for breaches of statutory duty.

Hampton Wood Resident