Search: personal injuries

The High Court has refused an application to dismiss a plaintiff’s personal injuries action on the grounds that it was bound to fail. The defendants argued that the plaintiff could not succeed because she had signed a waiver agreement which waived any right of action against the defendants. Ho

The Court of Appeal has upheld an award of €85,000 for psychiatric damage caused to a woman who witnessed the aftermath of a fatal car accident. The woman was the first person on the scene and suffered post-traumatic stress disorder after seeing the deceased driver. The defendant’s insure

Coming from a legal family, Stuart Gilhooly SC, partner with HJ Ward & Co in Dublin, says it was always at the back of his mind that he was likely to pursue a career in that profession. But that didn't stop him from considering other options, in particular journalism when he was a young person w

The High Court has set aside third-party proceedings on the basis of cumulative delays of two years for the service of the notices. The court held that there was inordinate and inexcusable delay by the defendants in seeking leave to issue third party proceedings and in the service of the third-party

As the Michaelmas term has drawn to a close, it provides an opportunity to look back at some of the important judgments which defined the year in the courts. Over the course of 2021, Irish Legal News has produced hundreds of articles on new judgments and current awareness topics within the Irish leg

The Court of Appeal has allowed an appeal to reduce a general damages award from €155,000 to €95,000 on the basis that the trial judge did not properly assess general damages under the Book of Quantum. Further, the court held that the plaintiff was liable in contributory negligence for his

The High Court has awarded €33,000 to a plaintiff for psychiatric damage arising out of witnessing a murder at work. The plaintiff argued that her employer had failed to provide her with a mobile panic alarm pursuant to their policy and that this aggravated the plaintiff’s nervous shock r

A new personal injury discount rate will be set early next year following the passing of new legislation. The Damages (Return on Investment) Bill completed its final stage in Stormont yesterday and is expected to receive royal assent before the end of January 2022, after which a new rate will be set

Siobhan Phelan SC has been nominated by ministers for appointment as an ordinary judge of the High Court. Her appointment was approved alongside that of Judge Karen O'Connor and Conor Dignam SC, whose nominations for appointment to the High Court were confirmed earlier this week.

Jason O'Sullivan, solicitor and public affairs consultant at J.O.S Solicitors, calls on Irish insurers to make good on their promises to lower premiums. The lobbying and public affairs industry in Ireland plays an important role in helping to shape public policy and legislative agendas. It is an imp

The High Court has dismissed a claim for indemnity and contribution made by defendants against Sligo County Council in a fatal road traffic case. The accident occurred after a HGV driver fell asleep behind the wheel and hit a highway maintenance crew at high speed, resulting in death and severe inju

Motor insurance premiums fell by seven per cent last year in the last full year before the introduction of new personal injury guidelines, according to new figures. The Central Bank's third National Claims Information Database (NCID) report on private motor insurance reveals that the average earned

The Court of Appeal has allowed an appeal brought by a personal injuries plaintiff who argued that he did not need a Personal Injuries Assessment Board (PIAB) authorisation in order to institute the proceedings. The plaintiff alleged that he was injured from a defective hip replacement and the High

The Supreme Court has ruled that a medical certificate of injuries allegedly sustained by a victim of assault was inadmissible evidence because the certifying doctor had not examined the victim. It was held that section 25 of the Non-Fatal Offences Against the State Act 1997 required a doctor issuin

The Court of Appeal has rejected an appeal by the Health Service Executive (HSE) to dismiss a plaintiff’s claim for personal injuries arising from the circumstances of her birth. The HSE sought to strike out the proceedings which issued 41 years after the birth of the plaintiff, arguing that i