News & Insights
‘Slopping out’ claims that may lead to €330m bill
The State is facing a potential liability of €332.7m concerning nine separate mass action personal injury claims including those being taken by former ‘slopping out’ prisoners.
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Most personal injury claimants no longer accepting PIAB awards
Most personal injury claimants are no longer accepting awards by the Personal Injuries Assessment Board (PIAB) following the introduction of the Judicial Council’s new personal injury guidelines, new figures show.
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Court of Appeal: Full rehearing in personal injuries case after ‘total non-engagement’ by trial judge with the evidence
The Court of Appeal has ordered a full rehearing of a personal injuries case after the court determined that the trial judge had failed to engage with essential aspects of the evidence.
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Court Increases Award For Sexual Harassment
This was an Appeal by the Complainant, a 19 year old female barista, against a Workplace Relations Commission (“WRC”) decision that she should be awarded €3,500 on foot of a sexual harassment claim that resulted in her feeling stressed and anxious, certified out sick and ultimately resigning her position.
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Court of Appeal: Zurich Insurance fails to set aside third party notice in indemnity proceedings
The Court of Appeal has dismissed an appeal by Zurich Insurance plc seeking to set aside a third party notice in personal injury proceedings where cover was denied. It had been claimed by Zurich that the dispute regarding insurance cover was “entirely different” from the personal injuries proceedings and therefore the joinder application should have failed.
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Average fraudulent insurance claim in the UK rises to £12,000
The average fraudulent insurance claim in the UK has risen by six per cent since 2019, with figures reaching £12,000, according to the latest figures published by the Association of British Insurers (ABI).
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Court of Appeal: €210,000 injuries award reduced after judge fails to set out reasoning for the level of damages
The Court of Appeal has reduced a personal injuries award by €35,000 on the basis that the trial judge failed to adequately set out reasons for the original award of €210,000.
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High Court action over boy’s birth injuries settled for €18m
National Maternity Hospital apologies to six-year-old Fionn Feely, who has cerebral palsy
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Onus of Proof: Seeking to dismiss a Plaintiff’s claim
Recent High Court judgment reiterates the onus of proof which a defendant must meet to successfully bring an application to dismiss a plaintiff’s personal injuries claim for providing evidence which is false or misleading
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Covid and Personal Injury Claims: 20% drop
Personal injury claims are expected to drop by 20 per cent this year due to the impact of Covid-19 restrictions. The decline would have been even greater if not for a surge in personal injury claims being lodged last March and April ahead of the introduction of judicial guidelines designed to reduce related payouts. The […]
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High Court delays battle, an avalanche coming
Ms Justice Mary Irvine says Covid-19 changes have shown there are ‘better ways to do things’
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How far does a doctor’s duty of care extend?
This recent judgment from the UK Supreme Court considered the difficult question of what compensation is appropriate when another issue, unconnected to any negligent advice, arises.
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