Search: personal injuries

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 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 Court of Appeal has allowed an appeal against the dismissal of two personal injuries claims for women who claimed to be injured while riding a swing in a playground with toddlers. A central feature of the case was a dispute between experts as to the minimum height clearance of the swing from the

The Court of Appeal has allowed an appeal to dismiss a personal injuries action in which the plaintiff slipped on ice outside his own apartment. The plaintiff sued the management company for damages, claiming that it had been negligent by not gritting the landing, not maintaining nosing strips on th

The High Court has awarded €63,000 to a bus driver who was injured in an assault by an unidentified assailant during the course of his employment. The driver brought personal injuries proceedings against Bus Éireann claiming that the bus company failed to provide him with a safe place of

The Court of Appeal has upheld an award of €94,000 for personal injuries sustained by a flight attendant on a Ryanair plane. The plaintiff claimed that she slipped on de-icing fluid which was present on the vinyl surface of the floor. Delivering judgment in the case, Mr Justice Seamus Noonan he

The High Court has ruled that a plaintiff may proceed with a personal injuries claim for general damages despite being in breach of an unless order which required the proceedings to be dismissed. The plaintiff had previously agreed by consent to provide particulars of special damages but had failed

The High Court has ruled that a plaintiff may proceed with a personal injuries claim for general damages despite being in breach of an unless order which required the proceedings to be dismissed. The plaintiff had previously agreed by consent to provide particulars of special damages but had failed

The Court of Appeal has allowed an appeal from dismissal of a personal injuries claim for want of prosecution, finding that “no concrete prejudice” was pointed to by the State defendants, and that they were too late to bring the motion to dismiss the plaintiff’s claim. Delivering j

A solicitor was directed to pay €500 to a client who won a payout in a personal injuries case after not adequately explaining the costs involved. The Legal Services Regulatory Authority (LSRA) found that the legal services "were of an inadequate standard because the poor communication from the

The Court of Appeal has quashed an assessment of the Personal Injuries Assessment Board (PIAB) for its failure to outline sums awarded for “dominant” and “lesser” injuries. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy ruled that the appellant was enti

The Court of Appeal has dismissed an appeal against a High Court order granting discovery of post-accident medical records in a personal injuries claim. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler commented that “a party who wishes to rely on the availability of other

Beauchamps partner Thomas O'Dwyer and knowledge lawyer Sinead Grace discuss an appeal from a Circuit Court decision regarding applications to the Personal Injuries Resolution Board (PIRB). This was an appeal from a Circuit Court decision where the key issue was whether a plaintiff who pleads stress/

The Court of Appeal has determined that personal injuries proceedings will remain discontinued as against the Motor Insurers’ Bureau of Ireland (MIBI) where a compromise was reached between the parties and where the plaintiff's ex parte application to set aside its notice of discontinuance was

The High Court has refused to determine whether South Dublin County Council would be liable for personal injuries resulting from the intrusion of tree roots into a footpath, but recognised that the judgments in UCC v ESB [2020] IESC 38 could have implications in such cases provided that a plaintiff