The Court of Appeal has quashed a determination of the Waterford County Registrar where there was no evidence that the principles in s.141 of the Legal Services Regulation Act 2015 were applied. Delivering judgment for the Court of Appeal, Ms Justice Niamh Hyland found: “Section 141 is unambig
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The High Court has ordered the production of certain documents to a woman who claims that she was subjected to malicious prosecution by gardaí following her making of a complaint at Pearse Street Garda station. Delivering judgment for the High Court, Mr Justice Conleth Bradley explained: "The
The Supreme Court has determined that PIAB authorisation is not required prior to issuing proceedings claiming solely for emotional distress, upset and anxiety as those are not ‘personal injury’ claims Delivering judgment for the Supreme Court, Mr Justice Brian Murray remarked that plain
Karen Kearney Claims that a statutory offence of perjury will reduce fraudulent claims in the courts have been met with scepticism by members of the legal community.
A woman who was knocked off her bicycle while cycling to work in Belfast has been awarded £230,000 in the High Court. The woman was described to have had an active lifestyle before the accident, which left her with chronic pain to the extent that she could only work part time and had to forgo her a
The president of the High Court has made orders directing that a website involved in a practice known as "claims harvesting" be shut down. Mr Justice Peter Kelly ordered that a website called www.personalinjurysolicitorsdublin.info be removed.
Mr Justice Charles Meenan Mr Justice Charles Meenan has been appointed by Government to chair an expert group to consider alternatives to court for resolving clinical negligence claims.
The Minister for Defence has been successful in appealing an order for discovery of documents dating back to 1990, which it claimed was burdensome and would require 220 man hours to review. Varying the order of the High Court to limit the scope of discovery, Mr Justice Gerard Hogan said that the cas
Damages for mental distress in a case brought by the statutory dependants of a woman who died as a result of alleged negligence must be paid only to the sole surviving dependant in circumstances where the second dependant died since the proceedings commenced. Finding that the €28,000 settlement
The Government should not blame the legal profession for hindering efforts to reduce insurance premiums in Ireland, retired judge Nicholas Kearns has said. The former High Court president, who chaired the Personal Injuries Commission, told RTÉ's Marian Finucane Show: "The question is now, ins
Ronan Daly Jermyn partner Brian Hunt and solicitor Michael Quinlan take a look at the ambitious plans for legislative reforms in the insurance sector. Fuelled by cycle of rising and falling insurance premiums, the high level of personal injury awards, and a series of high-profile successes against f
Dublin firm OSM Partners has announced the appointment of three new associates across its personal insolvency, commercial litigation and property teams. Robert Georgiou, new associate in personal insolvency and mortgage litigation, joined the firm two-and-a-half years ago. He has acted before the Ci
The High Court has determined that a motor insurer must provide cover for a man who was badly injured when the lifting mechanism of a lorry failed and dropped a large bin on him. The dispute came before the court as a special case pursuant to Order 34 RSC, in circumstances where two insurers could n
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
Ben Clarke BL examines the key points of a recent court ruling on Section 26 applications. In the recent Court of Appeal judgment in Keating v Mulligan [2022] IECA 257, Noonan J. reaffirmed the principles governing applications pursuant to Section 26 of the Civil Liability and Courts Act 2004.