Search: personal injuries

Proposed legislation which will transform the Personal Injuries Assessment Board (PIAB) into an enhanced Personal Injuries Resolution Board (PIRB) has been published. Publishing the draft bill today, Robert Troy, minister of state for trade promotion, digital and company regulation, said the bill wo

As the Trinity term draws to a close, barristers and solicitors will have spent the last few weeks trying to finalise all outstanding matters before the long vacation. Indeed, many will have welcomed the return of the frenzied, feverish activity that marks the end of term, given the notable absence

The High Court has awarded €60,000 in damages to a girl who suffered from moderate PTSD and who received a white scar on her thigh from a road traffic accident. The case was notable as it was one of the first cases in which a court was required to apply the new Personal Injuries Guidelines whic

Proposed reforms to the Personal Injuries Assessment Board (PIAB) should be implemented as swiftly as possible, an Oireachtas committee has said. The joint committee on enterprise, trade and employment has completed its pre-legislative scrutiny of the general scheme of the Personal Injuries Resoluti

The High Court has awarded €350,000 in favour of a woman who was sexually abused by her father and raped by her uncle as a child. The abuse lasted at least eight years and began when she was seven years old. Delivering judgment in the case, Mr Justice Garrett Simons considered the jurisprudence

The High Court has held that a defendant was estopped from relying on the Statute of Limitations 1957 based on a clear and unequivocal admission of liability prior to the institution of personal injuries proceedings. The defendant had attempted to enter settlement negotiations with the plaintiff&rsq

The High Court has dismissed a challenge to an award by the Personal Injuries Assessment Board (PIAB) where the applicant claimed that inadequate reasons were provided for its decision. The applicant had an application for compensation assessed at €11,000 and it was claimed that PIAB did not pr

The Court of Appeal has increased a personal injuries award by more than €28,000 after it was held that the trial judge erred by applying a 40 per cent deduction for future loss of earnings based on the Reddy v. Bates [1983] IR 141 criteria. It was held that the reduction was “significant

The High Court has refused an application by a defendant in a personal injuries action to dismiss the plaintiff’s case pursuant to section 26 of the Civil Liability and Courts Act 2004. It was alleged that the plaintiff gave false or materially misleading evidence to the court in relation to b

The High Court has dismissed a challenge to the application of the recently-adopted Personal Injuries Guidelines to a woman’s claim for compensation. The woman claimed that her injury would have previously attracted damages between €18,000 and €34,000, but was only assessed at €

William Fry partners Derek Hegarty and Craig Sowman examine an English case concerning the rules on civil liability in negligence for serious injuries relating to professional footballers. Fulham Football Club successfully appealed an earlier ruling that found the club vicariously liable for a tackl

Duty of care legislation will be reformed to restrict the liability of occupiers, the government has announced. The proposed amendments to the Occupiers' Liability Act 1995 will be included in the Courts and Civil Law (Miscellaneous Provisions) Bill 2022 as part of the government's push to reduce in

The Court of Appeal has ruled that the Motor Insurers Bureau of Ireland was not liable for injuries sustained by a plaintiff after she lost control of her car. The plaintiff alleged that she crashed her car due to an oil spill on the road caused by the negligent use of an unidentified vehicle. Deliv

The High Court has refused to set aside third-party proceedings in personal injuries proceedings where it was claimed that the defendant had delayed by two years in joining the third party. The court determined that the defendant had acted reasonably by waiting for replies to particulars and gatheri

The High Court has ruled that a plaintiff in personal injuries proceedings was not entitled to receive monies equivalent to his total sick pay in order to compensate his employer. The plaintiff claimed that he had provided an undertaking to his employer to repay approximately €40,000 in sick p