Search: personal injuries

The High Court has held that insurance companies are not entitled to recover monies under the Recovery of Benefits and Assistance Scheme where they have settled personal injuries cases outside of court. It was held that a “consent settlement order” was not an “order of the court&rd

The Court of Appeal has dismissed an appeal brought by a defendant in a personal injuries action in which the High Court rejected an application to dismiss the proceedings pursuant to section 26 of the Civil Liability and Courts Act 2004. The High Court had determined that the defendant had improper

The High Court has dismissed an appeal in a personal injuries action where the plaintiffs were exposed to toxic chemicals following the installation of spray foam insulation. In reaching this decision, the court was highly critical of expert evidence which was led by the defendant. Mr Justice Seamus

Acceptance rates for assessments by the Personal Injuries Assessments Board (PIAB) are returning to levels prior to the introduction of the personal injury guidelines last year, the government has said. Average general damages as assessed by PIAB have decreased by 44 per cent since the guidelines we

The High Court has struck out a plaintiff’s personal injuries claim for damages arising from bullying and harassment in the workplace on the basis that the proceedings were statute-barred. The plaintiff had lodged a PIAB application 10 months outside the two-year limitation period but claimed

The Personal Injuries Assessment Board (PIAB) will assess claims from gardaí injured as a result of malicious incidents under legislation approved by the Oireachtas. The Garda Síochána (Compensation) Bill 2021 provides for a complete overhaul of the current Garda compensation sc

Three rugby players have begun legal proceedings against the Irish Rugby Football Union (IRFU) in what are thought to be the first in a series of cases over concussions. David Corkery, Declan Fitzpatrick and Ben Marshall brought proceedings in the High Court in Dublin yesterday, Independent.ie repor

The UK Supreme Court will soon have the opportunity to settle the law relating to the proximity issue of plaintiffs as secondary victims in claims arising from clinical negligence, writes Belfast barrister James Stitt. On 13th January 2022 the Court of Appeal of England and Wales handed down judgeme

The Court of Appeal has ruled that a hospital is entitled to discovery of certain communications between a plaintiff and her estranged father in a personal injuries action for the negligent dissemination of the plaintiff’s medical records. The plaintiff had expressly told the hospital to not r

The High Court has approved a settlement of €350,000 for a man who claimed to have been sexually abused while attending a secondary school operated by a religious order. It was held that the settlement was "excellent" in circumstances where the plaintiff faced substantial difficulties proving h

Martin Browne has been appointed as partner and head of the Irish office of HF, legal advisers to the insurance and commercial sectors. Mr Browne, a former partner with Beale & Co, will help expand HF Ireland and support its ambitions to carry out cross-border litigation and defend claims anywhe

The Court of Appeal has significantly reduced an award of damages for a man who suffered multiple injuries in an accident that was described as “the stuff of nightmares”. The man had been injured in an elevator which had fallen three floors after a cable snapped. On appeal, Mr Justice Se

Dublin lawyers Pádraig Langsch and Kathriona Cunnane have announced the launch of a new firm, Langsch & Cunnane Solicitors, which is embracing "e-lawyering" and remote working. The new firm has a virtual office based at the Citywest Business Campus in Dublin 24, but both partners are work

Dara Calleary has been appointed as minister of state for trade promotion, digital and company regulation at the Department of Enterprise, Trade and Employment. Mr Calleary, the Fianna Fáil TD for Mayo since 2007, has served in a number of government roles in the past, including a brief stint

The personal injuries guidelines should be urgently reviewed in light of inflation and the increasing cost of living, a solicitor has said. While inflation in Ireland was at -0.33 per cent when the guidelines were adopted in 2020, it has now risen to 9.1 per cent, the highest level in 38 years, driv