News & Insights
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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New Garda Compensation Act: Are Your Claims Safe?
The Garda Siochana (Compensation) Act 2022 introduces significant changes to the Garda Compensation Scheme, including new application processes, time limits, and involvement of the Personal Injuries Assessment Board.
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The Role of Mediation in Personal Injury Claims: Understanding the PIRB’s New Approach
Discover how the Personal Injuries Resolution Board’s focus on mediation is transforming the resolution process for personal injury claims.
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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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Woman who tripped over own dog at pet store loses High Court damages action
Carole Vickery claimed she broke her leg after tripping on a lip of a doorway at Petzone in Dublin
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Aer Lingus pilot who suffered finger crush injury awarded €30,600 damages
Judge James McCourt told Captain Simon Moody that he was 50 per cent responsible for the accident, reducing the award to €15,300 and cost.
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New protocol for solicitors commissioning medical reports
A new protocol governing the commissioning of medical reports by solicitors has been published by the Law Society of Ireland in response to recent judicial comments. The Law Society’s litigation committee developed the protocol with reference to the decision of Mr Justice Cian Ferriter in McLaughlin v Dealey and HSE [2023] IEHC 106 earlier this month. In […]
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High Court: Solicitors should not be faulted for referring client directly to specialist doctor in appropriate cases
The High Court has awarded €60,000 to a woman who suffered a back injury while working as a healthcare assistant in Limerick Regional Hospital. In so ruling, the court was required to assess the weight it should attach to the evidence of the plaintiff’s medical expert. It was argued by the HSE that the plaintiff’s […]
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Payout reduced for woman injured after alleged fall in Dunnes Stores
The Court of Appeal (CoA) has reduced an award by €20,000 to a woman who claimed she broke her ankle when she fell off a step-ladder while organising shelves at Dunnes Stores five years ago. The supermarket chain appealed the €120,000 High Court award made to 55-year-old Gunta Kadege, of Butlersgrange, Tullow, Co Carlow. The […]
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‘I am having significant trouble with it’ – Ex-Ireland player Tony Buckley to sue rugby governing bodies
Former Ireland and Munster rugby player Tony Buckley is to take court action against the IRFU and Munster Rugby. The case is concussion-related. Mr Buckley won 25 caps for Ireland and played just under 100 times for Munster during his career. Mr Buckley, a tighthead prop in his playing days, is being represented by Dublin […]
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Court of Appeal: Woman fails in appeal to set aside third party notice due to delay in bringing motion
The Court of Appeal has dismissed an appeal brought by a woman seeking to set aside a third party notice on the grounds that she delayed for over two years before bringing the application. The woman was joined as a third party in an accident involving a child being burned by oil. Delivering judgment in […]
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Nervous Shock: The law on ‘secondary victims’
There is divergence between Ireland and Britain on the ‘proximity test’ in claims for ‘nervous shock’ for primary and secondary victims. The difference is difficult to reconcile – but will it last? In 2022, the Court of Appeal in Sheehan v Bus Éireanndelivered a helpful judgment restating the criteria for plaintiffs bringing claims for nervous […]
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