News & Insights
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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Essential to Avoid Delays in Litigating Claims
The Courts apply a high bar when considering whether to dismiss medical negligence proceedings due to delay. Indeed, in many cases they are allowed to proceed. While the Rooney decision in 2022 showed some departure from that tendency, there remains a high bar for defendants to get claims dismissed.
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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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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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Plaintiff fails in application to have affidavit struck out on the grounds that it exhibited without prejudice correspondence
The High Court has refused an application by a plaintiff to strike out certain aspects of a defendant’s affidavit on the grounds that it exhibited without prejudice correspondence. The parties had previously engaged with a view to resolving a contractual dispute in advance of litigation and the plaintiff had retrospectively sought to mark the correspondence […]
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Judge critical of ‘overly meticulous approach’ to legal costs hearings
The High Court has ruled that successful plaintiffs in a circuit appeal were entitled to the full legal costs of the hearing and rejected taking an “overly meticulous approach” to legal costs. The defendants had argued that the plaintiffs were not entitled to their legal costs because they had not been successful on an allegation […]
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High Court: €69,000 for delivery driver injured after stepping into pothole while alighting vehicle
The High Court has awarded €69,000 in damages to a delivery driver who suffered a knee injury after stepping into a pothole while alighting his vehicle. The defendant was Tipperary County Council which was the authority in charge of the road. Delivering an ex tempore judgment in the case, Mr Justice Anthony Barr accepted expert evidence that […]
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Employee left in ‘severe pain’ after fall withdraws injury claim after private investigator photographs him landscaping
A family-run business which spent years defending a personal injury claim by an employee said “it doesn’t feel like we’ve won”, despite the case being withdrawn. The employee made a personal injury claim after falling down a flight of stairs while carrying a hoover. Photos of him doing landscaping work at a time when he […]
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Irish courts have jurisdiction to hear injuries claim against UK-based company involving breach of consumer contract
The High Court has determined that the Irish courts had jurisdiction to hear and determine claim against a UK-based company for breach of a consumer contract. The plaintiff was an Irish resident who had been injured on a cycling holiday in Sri Lanka organised by the defendant. Delivering judgment in the case, Mr Justice Garrett […]
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High Court: Judge deems service good in respect of appeal proceedings served on solicitor not on record for defendant
The High Court has ruled that a defendant was properly served with proceedings where the papers had been served on a solicitor who was not on record in the case. The court stated that the solicitor had previously received a full set of papers and that she had been in communication with the defendant. Delivering […]
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High Court Dismisses Breast Cancer Misdiagnosis Claim Against HSE
The High Court has dismissed a plaintiff’s medical negligence action against the HSE for alleged failures in diagnosing breast cancer. The plaintiff had originally felt two lumps in her breast but this was diagnosed as a simple cyst in May 2017. However, by October 2017, she maintained that the lumps had gotten bigger. She was […]
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Guidelines, PTSD, and Justice: Unraveling the Lipinski Case’s Impact on Future Personal Injury Claims
The Lipinski judgment illuminates Judicial Council Guidelines interpretation, especially for PTSD and multiple injuries in personal injury cases, revealing High Court adherence and need for more caselaw.
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