News & Insights
Don’t get Hoodwinked by the PIRB
Minister Peter Burke’s announcement of the expansion of the Personal Injuries Resolution Board’s (PIRB) mediation services to include motor liability personal injury claims has been presented as a positive step forward for Ireland’s personal injury claims process. Part of the government’s Action Plan for Insurance Reform, this initiative is intended to provide a quicker, less […]
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Supreme Court: Planning judicial review application brought in time where time limit expired on a Sunday
The Supreme Court has determined that where the time period for bringing judicial review proceedings under s.50(6) of the Planning and Development Act 2000 (as amended) expires on a day that the Central Office is closed, the time limit is extended to the next day on which the court offices are open. Delivering their judgments for the […]
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What does a fire brigade, a ditch, and a playground have in common?
Answer Three dismissed Plaintiff personal injury claims. The below is a brief outline of the claims involved and their outcomes. A positive and welcome update for Insurers and Defence litigators alike in the Irish Jurisdiction. Fire Brigade Re: D. O’Reilly -v- Cork City Council Record No: 2019/01011 Jurisdiction: High Court on Circuit 21-22/10/2024. The Plaintiff […]
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Court finds landlord cannot force tenant to take new lease under 1980 Act
In a recent decision, the Circuit Court (the Court) (O’ Connor J) confirmed that Part II of the Landlord and Tenant (Amendment) Act 1980 (the 1980 Act) gives tenants the right, not the obligation, to take a new tenancy. In particular, the Court emphasised that a tenant who initially applies for a new tenancy is later entitled to withdraw this […]
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WRC Orders Re-Engagement of Driver Forced to Retire at 70 – Mandatory Retirement “Highly Likely” to Cause Him Financial Hardship
In Tom Ronan v An Garda Síochána (ADJ-00047174), the Complainant brought a complaint to the Workplace Relations Commission (the “WRC”) under the Employment Equality Acts, claiming that he was discriminated against when he was forced to retire at 70. The Adjudicator, Brian Dalton, found that the Complainant was discriminated against on the ground of age, and […]
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A Case Analysis: Raymond Nhembo v. Ulster University
The recent judgment in Raymond Nhembo v. Ulster University ([2024] NIKB 95) delves into the intricacies of legal jurisdiction and the procedural limitations imposed by statutory frameworks in Northern Ireland. This case, which revolves around allegations of racial discrimination in the academic context, provides a detailed exploration of the boundaries of judicial authority and the avenues available […]
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Government tells insurers to pass on savings to policyholders
Insurance companies have been told again by the Government to pass on savings to policyholders they have made from massive reforms in the sector. The call comes as the Irish arm of Axa will pay French parent a €70m dividend this year after bumper profits in 2023. Accounts for Axa Insurance DAC show its after-tax […]
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A general introduction to Construction Disputes in Ireland
Construction disputes are a common challenge in the building and infrastructure sector, reflecting the intricacies of multi-stakeholder projects and the unpredictability of the working environment. In Ireland, the resolution of these disputes is underpinned by a combination of legal, procedural, and contractual frameworks designed to manage and mitigate conflicts. This article explores the nature of […]
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€17,500 awarded to cleaner for moderate contact dermatitis sustained at work
The High Court has awarded €17,500 in general damages to a cleaner who gradually developed contact dermatitis on her hands through exposure to chemical cleaning substances at work. Delivering judgment for the High Court, Ms Justice Nuala Jackson determined that “the dermatitis in this instance included both hands but that, with treatment, a full recovery […]
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Solicitor accused of stealing €400 from his client insisted he returned the money, trial hears
A solicitor accused of the theft of €400 insisted to gardaí during a voluntary interview that he had returned this money to his client. Cahir O’Higgins (49) has pleaded not guilty to one count of the theft of €400 in July 2016 and four counts of attempting to pervert the course of justice in December […]
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Autistic cinema manager wins €12k over discrimination in roster row
An autistic cinema manager who quit when his employer was unable to guarantee him two days off in a row following a months-long dispute over rostering arrangements has secured €12,000 in compensation for disability discrimination. The complainant’s wife gave evidence that her husband’s manager said she “did not consider autism a disability, but a ‘superpower’,” […]
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Northern Ireland exam board boss wins £100,000 settlement
Northern Ireland’s Council for the Curriculum, Examinations and Assessment (CCEA) has paid a substantial settlement to its former interim chief executive who complained of sex, race and age discrimination and constructive dismissal. The sum paid to Margaret Farragher, who resigned in June 2022, was not disclosed but was around £100,000, according to BBC News NI. In […]
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