Roisin Harper, associate at McKinty and Wright Solicitors, current NI regional representative for the Forum of Insurance Lawyers (FOIL) and past NI representative to Tomorrow’s FOIL, writes on the latest update to personal injury damages guidelines. As of 25th February 2019, the 5th Edition of
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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
The Bar Council of Northern Ireland has recommended following the Scottish framework on personal injury discount rate. The Department of Justice recently launched a consultation on how the discount rate or “real rate of return”, used by the courts to determine the size of personal injury
The average legal costs in personal injury cases settled through litigation was over €23,000 between 2015 and 2019, according to new figures published by the Central Bank of Ireland. The figures are revealed in the second annual private motor insurance report of the National Claims Information
A number of senior judges have circulated memos critical of draft personal injury guidelines currently being considered by the Judicial Council, according to reports. The memos have been seen by The Irish Times, which reports that they come from High Court judges and one Court of Appeal judge. One i
A virtual conference hosted by global legal business DWF will examine Northern Ireland's interim personal injury discount rate (PIDR) of -1.75 per cent, which the firm describes as the lowest in Europe. The sector-wide conference will consider the changes and their repercussions, which could see sub
Northern Ireland's High Court has determined that a personal injury settlement which a man received two years before his bankruptcy did not form part of the bankruptcy estate. The court found that the sum satisfied a statutory exception, and should be excluded because it represented provisions neces
Northern Ireland's personal injury discount rate has been set at +0.5 per cent following a review. The new rate is welcome news for insurers and bad news for personal injury claimants, being a significant increase from the -1.5 per cent rate set in March 2022.
A new book of quantum, produced from research into 52,000 cases between 2013 and 2014, is to be published shortly to be used by the Injuries Board and to provide a benchmark for damages claims for the legal profession. Insurers, who have been criticised for sharp rises in premiums, have complained o
A soldier whose parachute failed to open properly on his first training jump, has been awarded €80,000 in damages for injuries sustained because of the Army’s negligence. The soldier suffered a severe fracture dislocation of his ankle, and could no longer serve as a front-line soldier due to thi
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
Former High Court president Mr Justice Peter Kelly has cast doubt on whether reduced personal injury payouts will lead to cheaper insurance premiums. In an interview with The Irish Times, he compared the introduction of new personal injury guidelines to the abolition of juries in High Court personal
Three rugby players have begun legal proceedings against the Irish Rugby Football Union (IRFU) in what are thought to be the first in a series of cases over concussions. David Corkery, Declan Fitzpatrick and Ben Marshall brought proceedings in the High Court in Dublin yesterday, Independent.ie repor
Sinéad Carroll Sinéad Carroll, partner in the litigation department of Cantillons Solicitors in Cork, responds to reports the Government is to set up a commission of inquiry into personal injury claims.
A prison officer who sustained a herniated disc in his back in the course of restraining and lifting a prisoner in January 2013, has had his claim dismissed on the grounds that it was statute barred. Granting the State defendants an application to dismiss the claim which was issued by way of plenary