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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Obtaining Security for Costs in Irish Litigation
In Ireland, if a defendant thinks it might be difficult to get the plaintiff to pay for costs after the case, they can ask the court to make the plaintiff provide security. This requires the plaintiff to put up security by way of cash or a bond before the case can move forward. This ensures […]
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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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Arbitration Agreements in Ireland
Arbitration in Ireland boasts a nuanced framework. This blog delves into its complexities, from arbitrability to enforceability concerns, drawing from legal texts and case law, offering a comprehensive understanding for professionals, businesses, and the curious alike. Join our exploration of Irish arbitration.
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Understanding the Tax Aspects of Insurance Claims in Ireland
In Ireland, the tax implications of insurance claims can vary widely from being tax-free like health insurance claims, to potentially taxable in cases of income replacement or loss of earnings in personal injury claims, making it essential to delve into the specifics of each claim type to navigate the tax landscape effectively.
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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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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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Roundup Herbicide: Unveiling the Risks and Pursuing Justice for Cancer in Ireland
Roundup, a herbicide with glyphosate as its core ingredient, has been under scrutiny for its potential health risks. Despite manufacturers’ claims of safety, numerous global lawsuits hint at possible carcinogenic effects.
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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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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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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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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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