News & Insights
Tooth, Trust, and Termination: A Dentist’s Dive into Dismissal Dilemmas.
Cruel dismissals in dentistry reveal an underbelly of workplace tensions, urging both practitioners and staff to navigate employment intricacies with care and fairness.
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Court of Appeal Quashes PIAB Assessment due to Inadequate Information
In Wolfe v PIAB and Mater Misericordiae Hospital the Court of Appeal, overturning a High Court decision, has quashed an assessment made by PIAB and referred the matter back to it for re-consideration.
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Court of Appeal: Appeal from grant of summary judgment dismissed
The Court of Appeal has dismissed an appeal from orders granting summary judgment in which the appellant belatedly attempted to rely upon the O’Malley judgment. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy determined that whilst the appellant was entitled to apply to introduce a new ground of appeal based on Bank of […]
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Transparency in Damage Assessments: A Critical Analysis of Wolfe v. PIAB
The Court of Appeal mandates transparency in damage assessments, emphasising claimants’ right to understand the calculation basis for general damages.
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Court of Appeal: Unsuccessful appellant succeeds in application to displace ‘usual rule’ as to costs
The Court of Appeal has decided that s.3 of the Environment (Miscellaneous Provisions) Act 2011 applied to proceedings brought unsuccessfully under s.160 of the Planning and Development Act 2000.
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High Court: Continuing injunctive relief granted following the final determination of proceedings
The High Court has granted continuing Mareva-type relief following the disposal of a statutory appeal from a determination order.
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The Personal Injury Guidelines – An Update
The Personal Injury Guidelines (‘the Guidelines’) came into operation on 24 April 2021, with the intention of achieving greater consistency in awards for varying types of personal injury. Given that the introduction of the Guidelines is still relatively recent, their operation in practise and their overall impact are still being keenly considered. Constitutionality of the […]
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Government told to act to stop ‘insurers pocketing savings from lower pay-outs’
Campaigners say insurance companies have failed to pass on any benefit to their customers of a reduction in court pay-outs, and demanded that they lower premiums. The Alliance for Insurance Reform said that a major fall in the number and value of personal injury awards was leading to millions of euro in savings for insurance […]
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Court of Appeal: ‘Putative’ law of contract is correct law where ostensible authority and ratification are concerned
The Court of Appeal has dismissed an appeal by two Saudi Arabian companies concerning the law to be applied to questions of apparent or ostensible authority in international agreements.
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Court of Appeal: High Court personal injuries award reduced following ‘reality check’
The Court of Appeal has substituted a High Court award totalling €90,000 in general damages for physical and psychological injuries sustained by a woman in a gas explosion at her workplace. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan commented that when compared with various individual injuries covered by the Personal Injuries […]
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Pay Now, Argue Later: Unravelling the Townmore Judgement’s Impact on Irish AdjudicationsJudical review and statutory adjudication
The recent “Townmore” judgement in Ireland sheds some light on the ongoing legal debate about the role of judicial reviews in statutory adjudications, emphasizing the “pay now, argue later” principle highlighted in the Construction Contracts Act 2013, and indicating that early judicial reviews could contradict the act’s intent of prompt payment, although the option for judicial review post the final decision on substantive disputes remains undetermined.
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Transforming Personal Injury Resolution: PIAB’s New Framework
The Personal Injuries Assessment Board (PIAB) has undergone a substantial overhaul, introducing mandatory medical reports, identification requirements, and detailed incident descriptions to expedite personal injury claim resolution as of September 4, 2023. These changes, along with measures already in place such as deemed offers of tender and extended claim retention, aim to reduce fraudulent claims, enhance efficiency, and ultimately lower costs for insurers.
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