The High Court has granted leave to Bank of Ireland to lodge a tender in proceedings on condition that the tender only becomes effective after the conclusion of the discovery process. The lodgement application had been made after the discovery process had begun and the bank claimed that it wished to
Search: personal injuries
The Court of Appeal has upheld an award of €47,000 for a woman who injured her face while attempting to step over seats at a GAA pitch. The woman had been found 50 per cent liable for the injury, but the defendants argued that they should have no liability whatsoever based on the Byrne v. Arden
The High Court has awarded €69,000 in damages to a delivery driver who suffered a knee injury after stepping into a pothole while alighting his vehicle. The defendant was Tipperary County Council which was the authority in charge of the road. Delivering an ex tempore judgment in the case, Mr Ju
The High Court has ruled that the Health Service Executive did not owe a duty of care to the parents of a woman who died from cervical cancer following an alleged misdiagnosis in the cancer screening process. The HSE had argued that the decision in Morrissey v. Health Service Executive and Ors. [201
As S.I. 391/1998 - Rules of the Superior Courts (No 6) Disclosure of Reports and Statements approaches its 25th birthday. The decision of the Court of Appeal in O’Flynn v Health Service Executive [2022][i] of Mr Justice Noonan provided a detailed overview of the case law since its introduction
Significant changes to duty of care legislation which place more responsibility on individuals have come into effect from today. The amendments to the Occupiers Liability Act 1995 under the Courts and Civil Law (Miscellaneous Provisions) Act 2023 form part of the government's work on insurance refor
An Garda Síochána, Insurance Ireland and the Alliance for Insurance Reform have signed a memorandum of understanding aimed at increasing co-operation on insurance fraud.
The High Court has approved a PIAB assessment of €60,000 in respect of severe facial scarring and minor psychological injury suffered by the minor applicant in a road traffic accident. Delivering judgment for the High Court, Mr Justice Garrett Simons noted that the invitation to disapprove the
The High Court has directed a modular trial in a “slopping out” case which is prima facie out of time, the events complained of having occurred 16 years prior to the institution of proceedings. Delivering judgment for the High Court, Mr Justice Garrett Simons determined that: “It w
The High Court has found that gardaí did not have adequate regard to the An Garda Siochána Code when attempting a ‘compliant stop’ of a civilian vehicle which resulted in a collision. Delivering judgment for the High Court, Mr Justice Tony O’ Connor stated that &ldquo
Hayes solicitors LLP has appointed four new senior associates and a new associate. The firm's new senior associates are Catherine Jane O’Rourke, Deirdre O'Sullivan, Una Lyons and Anita Puri, while Jennifer Havard has been appointed as an associate.
In May 2022, the Department of Justice outlined a plan to implement reforms to civil procedures in the courts. In June 2024, with just a year left for the current government, lawyers are still waiting for the reforms to be legislated, writes Killian Flood. In May 2022, the Department of Justice publ
The High Court has determined that a plaintiff’s claim against Alstom Transport Ireland Ltd is not statute-barred despite her former solicitors having initially identified the company in a pre-litigation letter in 2018. Delivering judgment for the High Court, Mr Justice Anthony Barr confirmed
Northern Ireland’s High Court has confirmed that it can issue letters of request for documentation to a foreign court by reference to the Evidence (Proceedings in Other Jurisdictions) Act 1975. Delivering judgment for the High Court, Mr Justice Adrian Colton determined that as the Judicature (
The High Court has refused to dismiss 2021 proceedings concerning the death of a man outside a Portlaoise nightclub in 2012 on the bases of the Statute of Limitations and delay. Delivering judgment for the High Court, Ms Justice Marguerite Bolger warned that although memories are normally assumed to