The Supreme Court has answered questions of law concerning the compulsory motor insurance requirement in favour of RSA Insurance Ireland DAC. Delivering judgment for the Supreme Court, Mr Justice Brian Murray pointed out that difficulties in implementing Directive 2009/103/EC have arisen as the Stat
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Hayes solicitors has appointed five new partners, three new senior associates and one new associate. The new partners are Pamela Fitzpatrick and Gill Cotter in the firm's commercial and business team, Michael Kelly in the commercial litigation and dispute resolution team, Fergal Mullins in the healt
Is artificial intelligence (AI) an unprecedented opportunity or an existential threat to humanity? Should we revel in its seemingly limitless possibilities, or should there be a global pause called on its development? And, importantly, how will it impact businesses in every sector? These are among t
The Court of Appeal have dismissed an appeal brought by a road haulage company against the severity of a €1 million fine imposed on it following its plea of guilty on 18th December 2012 to an offence contrary to ss. 12 and 77(9) of the Safety Health and Welfare at Work Act 2005. The particulars of
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
The High Court has awarded €60,000 to a woman who suffered a back injury while working as a healthcare assistant in Limerick Regional Hospital. In so ruling, the court was required to assess the weight it should attach to the evidence of the plaintiff’s medical expert. It was argued by th
The Circuit Court has awarded €2,000 to an employee for non-material damage arising from a data breach by his employer. The plaintiff was identifiable in a training video relating to unacceptable work standards which was seen by management. Delivering judgment in the case, His Honour Judge John
Margaret Cordial, solicitor at AMOSS Solicitors in Dublin, writes on a series of recent court judgments affecting owners and occupiers. The Courts have held in a number of recent decisions that occupiers are entitled to presume that visitors to their property will take reasonable care for their own
Barry Crushell, partner at Tully Rinckey Ireland, sets out his view on a recent Court of Appeal judgment on workplace safety. A recent decision delivered by the Court of Appeal, in the matter of Geraldine McCarthy (the Employee) versus the ISS Ireland Limited (the Employer) and Another (see: [2018]
Michael Murphy, a litigation partner at HOMS Solicitors, writes on liability for breach of care and duty of architects and technicians who certify works under the Building Control (Amendment) Regulations (BCAR). With the economic recovery unfolding and an increasing focus upon procuring good quality
The High Court has granted the pre-trial application of Galway Clinic, a private hospital, to dismiss proceedings related to a 2017 majority decision by its board to build a new €17 million medical facility which did not proceed to construction. The proceedings were taken in the High Court by B
Ronan Hynes, partner at Sellors LLP, considers the accelerated growth of litigation technology arising out of Covid-19. The recent call for action by the Restaurants Association of Ireland to deal with commercial landlords (some of whom continue to charge their tenants full rent rates during the Cov
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
As the Trinity term draws to a close, barristers and solicitors will have spent the last few weeks trying to finalise all outstanding matters before the long vacation. Indeed, many will have welcomed the return of the frenzied, feverish activity that marks the end of term, given the notable absence
The High Court has allowed an appeal against an order striking out a plaintiff’s proceedings on the basis that the proceedings did not offend the rule in Henderson v. Henderson (1843) 3 Hare 100. The plaintiff had issued a previous set of proceedings arising from the same incident and the Circ