News & Insights
Settlement of €1.9m for woman who claimed she was misdiagnosed with cancer
Aoife O’Donovan was 17 when she received a lymphoma cancer diagnosis and underwent chemotherapy
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Half of all car accident injury claims settled under new guidelines
Half of all personal injury claims relating to motor accidents were settled under the personal injuries guidelines last year, according to new figures. The Central Bank of Ireland today published the fifth annual private motor insurance report of the National Claims Information Database (NCID), which shows a sharp increase in cases settled under the guidelines […]
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Ryanair secures High Court injunction against screenscraper
Ryanair has secured a permanent injunction in the High Court prohibiting a company from using bot technology to “screenscrape” the airline’s website to provide ticket booking information to online travel agencies. The practice of screenscraping allows third-party online travel agencies (OTAs) to sell tickets for Ryanair flights despite the airline only officially selling tickets through […]
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Insurance premiums still rising despite huge fall in payouts – CSO figures
There has been a sharp fall in the number and the value of claims paid out by the State’s Personal Injuries Assessment Board. But despite the 16-year low in the value of claims paid out last year motor insurance premiums rose in the last year, according to separate Central Statistics Office figures. CSO inflation figures […]
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Court of Appeal: Russian aircraft insurer’s appeal dismissed as having ‘no substance’
The Court of Appeal has determined in an appeal brought by a Russian aircraft insurer that the High Court did not err in concluding that choice of law and jurisdiction clauses in the insurance documentation prevailed, and that the forum conveniens for the proceedings was Ireland. Delivering judgment for the Court of Appeal, Mr Justice Senan Allen […]
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EU’s Latest Verdict Changes Everything: Compensation for Stolen Data Just Got Easier!
In a significant opinion by Advocate General Collins for the CJEU in cases C-182/22 and C-189/22, it was found that individuals are entitled to compensation under Article 82 GDPR for stolen personal data, even without evidence of its exploitation. This follows the CJEU’s decision in Oesterreichische Post, asserting the right to compensation for any GDPR breach causing material or non-material damage, without a seriousness threshold for claims.
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Data Breach as Personal Injury?
According to the GDPR, claims for material or non-material damage may be brought for infringement of personal data rights. The level of compensation for non-material damage claims has been given greater clarity following the decision earlier this year in Kaminski v Ballymaguire Foods Limited. In that decision, the case which is the subject of this article was […]
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Litigation in Ireland in 2024
An ancient Chinese proverb says that “when the winds of change blow, some people build walls and others build windmills.” 2023 was yet another year of change for dispute resolution in Ireland. We review some of the changes and the effect they are likely to have in 2024.
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High Court: Invitation to disapprove PIAB assessment rejected
The High Court has approved a PIAB assessment of €60,000 in respect of severe facial scarring and minor psychological injury suffered by the minor applicant in a road traffic accident.
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Couple challenges financial fund’s ‘unfair’ 8.5% mortgage interest rate
The couple are seeking orders compelling Pepper to charge them the interest rate PTSB would be charging them. In their High Court case, the couple claim Pepper must abide by the terms of the loan agreements they entered into with PTSB.
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Court of Appeal: Hotel appeal against wedding slip and fall award dismissed
The Court of Appeal has dismissed a Cork hotel’s appeal against a €91,000 general damages award to wedding guest who slipped and fell on a wet dancefloor.
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Collaborative Crackdown on Insurance Fraud Eyes Personal Injury Schemes in Ireland
A Memoranda of Understanding, signed by Minister Jennifer Carroll MacNeill and key insurance stakeholders, targets fraudulent personal injury claims like exaggerated injuries and staged accidents, aiming to alleviate inflated premiums borne by policyholders due to such deceptive practices.
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