Search: personal injuries

Articles exploring legal history, personal injury law, corporate insolvency and life imprisonment are among the articles published in the latest edition of the Irish Judicial Studies Journal. The first 2020 edition of the quarterly journal, which includes contributions from judges, lawyers and legal

Alison Cassidy, partner at BLM in Belfast, examines proposals to slash the personal injury discount rate in Northern Ireland. The Minister for Justice in Northern Ireland, Naomi Long MLA, has asked officials to undertake a statutory consultation with the Government Actuary and the Department of Fina

A man who sustained injuries when he collided with racehorses being worked in the Curragh has had his personal injuries claim dismissed in the High Court. Finding that the proximate cause of this “unusual, if not unprecedented, accident” was the man’s failure to keep a lookout when

A damages action brought by a lawyer and academic over serious injuries he sustained following a car crash in Co Tipperary over a decade ago has been resolved. The action was brought by barrister Diarmuid Rossa Phelan SC, who also teaches law at Trinity College Dublin, arising out of injuries he sus

The new Judicial Council will "authoritatively assert judicial independence and respect for the rule of law should it ever come under threat", Chief Justice Frank Clarke has told its inaugural meeting. The entire Irish judiciary attended the plenary meeting at the King's Inns this morning, where the

Writing for Irish Legal News, barrister Andrew McKeown interrogates the insurance industry's narrative about the effect of litigation on insurance premiums in Ireland. With debate raging over so-called "compensation culture", the insurance corporations blame rising premiums solely on lawyers and the

A man who brought personal injuries proceedings against a motorist who drove into the back of his vehicle has lost a claim for aggravated damages which he said were necessary to show the Court’s disapproval for the conduct of the defence. Commenting that the “sting” of the “e

A girl who initially accepted a €21,000 damages assessment from the Personal Injuries Assessment Board (PIAB) for injuries sustained in a road traffic accident has been granted an order rejecting this assessment and a declaration that the PIAB can authorise legal proceedings. Finding that the i

Mason Hayes & Curran partner Deirdre Munnelly and associate Aisling Pierce examine a recent judgment criticising lawyers who refer their clients for specialist medical evaluation in the absence of a referral from the client’s primary treating doctor. On appeal to the High Court, two person

Ministers are planning to bring proposals to the Dáil to protect sports clubs from some personal injuries claims, according to reports. Michael D'Arcy, minister of state with responsibility for insurance reform, told the Irish Independent that proposals to amend the Civil Liability Act and th

Legislation allowing for the establishment of the Judicial Council has been commenced in a "landmark moment in the history of our State". The first full meeting of the Judicial Council will not take place until the first week of February, but some elements of its work have already been brought forwa

Four models for capping personal injury awards have been set out by the Law Reform Commission in an issues paper published today. The Cost of Insurance Working Group (CIWG) and the Personal Injuries Commission (PIC) previously recommended that the law reform body should examine whether a statutory c

A meeting of the seven "members designate" of the Personal Injuries Guidelines Committee will be convened early next week by Ms Justice Mary Irvine of the Supreme Court, Ireland's top judge has announced. The Chief Justice, Mr Justice Frank Clarke, confirmed that he had designated the membership of

The new statutory scheme providing for periodic payment orders (PPO) for plaintiffs with catastrophic injuries has been described as “a dead letter” in the High Court. Noting that the Courts did not have discretion to fix an increase other than that specified in the Harmonised Index

A pedestrian who was struck by a driver on an N road in Longford has had his personal injuries claim against the driver dismissed in the High Court. Stating that the case turned on the appropriate application of The Rules of the Road, Mr Justice David Keane said that if the pedestrian had followed t